Oregon Elevator & Conveyance Licensing Law

Oregon Code · 242 sections

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

ORS 1.185

1.185, pursuant to which the state agrees to provide the property and services described in ORS 1.185 (1)(a).

�� (b)(A) An agreement entered into pursuant to this subsection may include a requirement that the county transfer to the Oregon Courthouse Capital Construction and Improvement Fund an amount not less than 50 percent of the total estimated costs of a project funded with bonds issued pursuant to ORS 1.181 or section 10, chapter 685, Oregon Laws 2015, with respect to the courthouse or portions of a courthouse that are the subject of the agreement.

�� (B) The amount transferred by a county pursuant to this paragraph may comprise, singly or in any combination and proportion:

�� (i) Property tax revenues, bond proceeds or any other county moneys; and

�� (ii) A credit equal to the higher of the appraised value or the actual purchase price of land purchased by the county for the courthouse if the state approves of the land as the site for the courthouse.

�� (C) The amount required to be transferred by the county under this subsection may not be less than 75 percent of the total estimated costs unless the project includes colocation in the courthouse of state offices in addition to the state circuit court facilities.

�� (2) For purposes of ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, the state shall be considered to operate a courthouse or portions of a courthouse that are the subject of an agreement entered into pursuant to subsection (1) of this section if, as applicable:

�� (a) The lease agreement conveys to the state a full leasehold interest, including exclusive rights to control and use the courthouse or portions of the courthouse that are typical of a long-term lease, for a term that is at least equal to the term during which the bonds issued pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, will remain outstanding.

�� (b) The intergovernmental agreement grants the state the exclusive right to control and use the courthouse or portions of the courthouse for a term that is at least equal to the term during which the bonds issued pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, will remain outstanding. [2013 c.705 �9; 2014 c.121 �7; 2016 c.118 �3]

�� 1.184 Oregon Courthouse Capital Construction and Improvement Fund. (1) The Oregon Courthouse Capital Construction and Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Oregon Courthouse Capital Construction and Improvement Fund shall be credited to the fund.

�� (2) The fund consists of moneys deposited in the fund pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, and moneys transferred to the fund by a county pursuant to ORS 1.183 (1)(b) and may include fees, revenues and other moneys appropriated by the Legislative Assembly for deposit in the fund.

�� (3) Moneys in the fund are continuously appropriated to the Judicial Department for:

�� (a) The purposes described in ORS 1.181 (3);

�� (b) Payment of the costs incurred by the department to administer the fund; and

�� (c) Payment of bond-related costs, as defined in ORS 286A.816. [2013 c.723 �64; 2016 c.118 �4]

OPERATION OF COURTHOUSES

�� 1.185 County to provide courtrooms, offices and jury rooms. (1) The county in which a circuit court is located or holds court shall:

�� (a) Provide suitable and sufficient courtrooms, offices and jury rooms for the court, the judges, other officers and employees of the court and juries in attendance upon the court, and provide maintenance and utilities for those courtrooms, offices and jury rooms.

�� (b) Pay expenses of the court in the county other than those expenses required by law to be paid by the state.

�� (2) Except as provided in subsection (1) of this section, all supplies, materials, equipment and other property necessary for the operation of the circuit courts shall be provided by the state under ORS 1.187. [Formerly 1.165]

�� 1.187 State to provide supplies and personal property for courts. Except as provided in ORS 1.185 (1) and subject to applicable provisions of a plan established by the Chief Justice of the Supreme Court, the state shall provide the supplies, materials, equipment and other personal property necessary for the operation of the circuit courts. The cost of property provided by the state shall be paid by the state from funds available for the purpose. [Formerly 1.167]

�� 1.188 Surcharge on fines for courthouse. (1) As used in this section, �offense� means:

�� (a) A violation of a parking ordinance; or

�� (b) A traffic offense as defined in ORS 801.555 (2).

�� (2) Notwithstanding ORS 137.143, the presiding judge of the judicial district in which a county is located may order that the circuit court for the county impose a surcharge in the amount of $5 on each fine assessed for an offense in the county if:

�� (a) The county has received funds, or has legislative authorization to receive funds, for a county courthouse from the proceeds of bonds issued pursuant to Article XI-Q of the Oregon Constitution deposited in the Oregon Courthouse Capital Construction and Improvement Fund established in ORS 1.184;

�� (b) Debt service is owed on any Article XI-Q bonds issued related to the county courthouse;

�� (c) Debt service is owed on any bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge;

�� (d) The board of county commissioners has requested that the presiding judge of the judicial district in which the county is located order the imposition of a surcharge and has identified the purposes for which the surcharge funds would be used; and

�� (e) The Chief Justice of the Supreme Court has approved the surcharge.

�� (3) The circuit court for the county may not impose a surcharge under this section unless, before July 1 of the calendar year preceding the imposition of the surcharge, the court submits to the State Court Administrator a copy of the order imposing the surcharge. The court may begin imposing the surcharge on fines for offenses occurring on and after January 1 of the calendar year following submission of the order to the State Court Administrator.

�� (4) Except as provided in ORS 153.640 and 221.315, the surcharge shall be levied fully if any fine is imposed.

�� (5) The surcharge shall be collected by the circuit court for the county and paid to the county for deposit in the account established under ORS 1.189 and used solely for:

�� (a) Payment of capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge; or

�� (b) Payment of debt service and related expenses and funding of debt service reserves, if any, for bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge. [2016 c.78 �1]

�� 1.189 Courthouse surcharge accounts. (1) The county treasurer shall deposit moneys received from surcharges imposed under ORS 1.188 in a courthouse surcharge account maintained by the county treasurer.

�� (2) The moneys in the courthouse surcharge account and interest upon the account are reserved for the purposes of:

�� (a) Payment of capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge; or

�� (3) The county treasurer may charge against the courthouse surcharge account an administrative fee for the actual costs associated with maintaining the account. The total administrative fees charged each year may not exceed five percent of the moneys received from surcharges imposed under ORS 1.188 for that year. [2016 c.78 �2]

�� 1.190 [1999 c.1064 �3; repealed by 2007 c.626 �3]

�� 1.192 [1999 c.1064 �4; repealed by 2007 c.626 �3]

COLLECTION OF COURT ACCOUNTS

�� 1.194 Definitions for ORS 1.194 to 1.200. As used in ORS 1.194 to 1.200:

�� (1) �Payment� means an amount of money voluntarily paid by a debtor or an amount of money involuntarily paid by a debtor through offset or garnishment.

�� (2) �State court� means a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court. [2001 c.823 �11; 2003 c.14 �3]

�� 1.195 Reports on liquidated and delinquent accounts of state courts. (1) Not later than October 1 of each fiscal year, all state courts and all commissions, departments and divisions in the judicial branch of state government shall submit reports to the Legislative Fiscal Office that describe the status of the liquidated and delinquent accounts of the judicial branch of state government, and the efforts made to collect those liquidated and delinquent accounts during the immediately preceding fiscal year. The reports required under this subsection shall be in a form prescribed by the Legislative Fiscal Office and shall include but not be limited to:

�� (a) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the beginning of the fiscal year;

�� (b) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the end of the fiscal year;

�� (c) The liquidated and delinquent accounts that have been added during the immediately preceding fiscal year;

�� (d) The total amount collected on liquidated and delinquent accounts during the immediately preceding fiscal year;

�� (e) The total amount and total number of liquidated and delinquent accounts that have been written off during the immediately preceding fiscal year;

�� (f) The total amount and total number of liquidated and delinquent accounts that have been assigned for collection, and the collection efforts made for those accounts, during the immediately preceding fiscal year;

�� (g) The total amount and total number of liquidated and delinquent accounts that have been turned over to private collection agencies under ORS 1.197 and the total amount that has been collected by those agencies during the immediately preceding fiscal year;

�� (h) The total amount and total number of accounts that have ceased to be liquidated and delinquent during the fiscal year for reasons other than having been collected or written off;

�� (i) The total number and total amount of all liquidated and delinquent accounts that have been exempted under ORS 1.199;

�� (j) A statement indicating whether the reporting state court, commission, department or division in the judicial branch of state government has liquidated and delinquent accounts that are not exempt under ORS 1.198 or 1.199, or are otherwise prohibited or exempted by law from assignment, for which no payment has been received for more than 90 days and that have not been assigned to a private collection agency or to the Department of Revenue under ORS 1.197; and

�� (k) Any other information necessary to inform the Legislative Fiscal Office of the status of the liquidated and delinquent accounts of the judicial branch of state government.

�� (2) The Legislative Fiscal Office shall include information on the status of the liquidated and delinquent accounts of the judicial branch of state government in the annual report required under ORS 293.229. The information shall be based on the reports submitted under subsection (1) of this section.

�� (3) The reports required under subsection (1) of this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government. [2001 c.823 �12; 2015 c.766 �2a]

�� 1.196 Agreement for reciprocal offsets. The State Court Administrator may enter into an intergovernmental agreement with the United States Financial Management Service and the Internal Revenue Service for the purpose of the reciprocal offsetting of the following amounts:

�� (1) Federal tax refunds of debtors, to be offset against liquidated and delinquent accounts of those debtors resulting from unpaid financial obligations imposed by state courts; and

�� (2) Overpayments to state courts, to be offset against federal tax obligations. [2009 c.791 �2]

�� 1.197 Assignment of liquidated and delinquent accounts to collection agencies; relinquishment of accounts by collection agencies; collections by Department of Revenue. (1) Except as otherwise provided by law, all state courts and all commissions, departments and divisions in the judicial branch of state government shall offer to assign the liquidated and delinquent accounts of the state court, commission, department or division to a private collection agency, or to the Department of Revenue under the provisions of ORS 293.250, not later than:

�� (a) One year from the date the account was liquidated if no payment has been received on the account within that year; or

�� (b) One year from the date of receipt of the most recent payment on the account.

�� (2) Nothing in subsection (1) of this section prohibits a state court or a commission, department or division in the judicial branch of state government from assigning a liquidated and delinquent account to a private collection agency at any time within the one-year period, or from assigning a liquidated and delinquent account to the Department of Revenue during the one-year period, if that assignment is otherwise allowed by law.

�� (3) Nothing in this section prevents a state court or a commission, department or division in the judicial branch of state government from assigning an account to the Department of Revenue for the purpose of seeking an offset against tax refunds or other amounts due the debtor at the time the account is assigned to a private collection agency. A state court and any commission, department or division in the judicial branch of state government that assigns the same account to both the Department of Revenue and a private collection agency shall ensure that both the Department of Revenue and the private collection agency are kept informed of the status of all collections made on the account.

�� (4) If a private collection agency is unable to collect on an account assigned under this section, the private collection agency shall notify the state court, commission, department or division that assigned the account that the private collection agency is unable to collect on the account and that the private collection agency will relinquish the account. The private collection agency shall relinquish the account within a reasonable time or within such time as may be set by agreement. A private collection agency that is assigned an account under this section shall be held to the same standard of confidentiality, service and courtesy imposed on a state court in collecting on liquidated and delinquent accounts.

�� (5) If a liquidated and delinquent account is assigned to the Department of Revenue as provided in ORS 293.250, the Department of Revenue shall have one year from the date of liquidation, or from the date of receipt of the most recent payment on the account, to collect a payment. If the Department of Revenue does not collect a payment within the one-year period or if one year has elapsed since the date of receipt of the most recent payment on the account, the Department of Revenue shall notify the state court, commission, department or division that assigned the account. The state court, commission, department or division shall then immediately offer assignment of the account to a private collection agency.

�� (6) For the purposes of this section, a state court or a commission, department or division in the judicial branch of state government shall be considered to have offered an account for assignment to a private collection agency if:

�� (a) The terms of the offer are of a type generally accepted by the collections industry for the type of account to be assigned; and

�� (b) The offer is made to a private collection agency that engages in the business of collecting the type of account to be assigned or made generally to private collection agencies through a bid or request for proposal process.

�� (7) The offer of assignment of accounts required under this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government. [2001 c.823 �13]

�� 1.198 Exemptions from requirements of ORS 1.197. (1) ORS 1.197 does not apply to liquidated and delinquent accounts that are:

�� (a) Prohibited by state or federal law or regulation from assignment or collection; or

�� (b) Subject to collection through an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196.

�� (2) Notwithstanding ORS 1.197, a state court or a commission, department or division in the judicial branch of state government, acting in its sole discretion, may choose not to offer a liquidated and delinquent account to a private collection agency or to the Department of Revenue if the account:

�� (a) Is secured by a consensual security interest in real or personal property;

�� (b) Is based on that part of a judgment that requires payment of restitution or a payment to the Crime Victims� Assistance section of the Criminal Justice Division of the Department of Justice;

�� (c) Is in litigation, mediation or arbitration or is subject to a stay in bankruptcy proceedings;

�� (d) Is owed by a local or state government or by the federal government;

�� (e) Is owed by a debtor who is hospitalized in a state hospital as defined in ORS 162.135 or who receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025;

�� (f) Consists of moneys for which a district attorney has assumed collection responsibility under ORS 8.680;

�� (g) Consists of moneys owed by a person who is incarcerated;

�� (h) Is an account that was previously offered to a private collection agency and was refused, or that was previously assigned to a private collection agency and the agency thereafter relinquished the account;

�� (i) Is less than $100, including penalties; or

�� (j) Would result in loss of federal funding if assigned. [2001 c.823 �14; 2009 c.791 �3; 2013 c.688 �3]

�� 1.199 Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts. (1) The State Court Administrator may establish policies and procedures for exempting accounts from the requirements of ORS 1.197. All policies establishing exemptions under this section must be documented and justified by the State Court Administrator.

�� (2) The State Court Administrator may establish criteria and standards by which state courts and commissions, departments and divisions in the judicial branch of state government may cease to make collection efforts for specified types of accounts. [2001 c.823 �15]

�� 1.200 Effect of ORS 1.194 to 1.200 on authority of judge. Nothing in ORS 1.194 to 1.200 limits or affects the ability of a judge of a state court to enforce, modify, set aside, suspend, delay, condition, schedule or take any other action authorized by law with respect to a debt or money obligation owed to this state. [2001 c.823 �16]

�� 1.202 Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection. (1) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, shall add a fee of not more than $200 to any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting. The fee shall cover the cost of establishing and administering an account for the debtor and shall be added without further notice to the debtor or further order of the court. The fee shall be added only if the court gives the defendant a period of time in which to pay the obligation after the financial obligation is imposed. Fees under this subsection shall be deposited in the General Fund.

�� (2) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, that use private collection agencies, the Department of Revenue or an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196 shall add a fee to any judgment referred for collection that includes a monetary obligation that the state court or the commission, department or division is charged with collecting. A fee to cover the costs of collecting judgments referred to the private collection agency, the Department of Revenue, the United States Financial Management Service or the Internal Revenue Service shall be added to the monetary obligation without further notice to the debtor or further order of the court. The fee may not exceed the actual costs of collecting the judgment.

�� (3) The fees described in subsections (1) and (2) of this section may not be added to any order or judgment arising from the actions of a person who:

�� (a) Was under 18 years of age at the time of the act or is subject to juvenile court probation; and

�� (b) Was not waived to circuit court for prosecution as an adult under ORS 419C.340.

�� (4) The Chief Justice of the Supreme Court may authorize or direct circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, to waive or suspend the fees required to be added to judgments under this section. Except to the extent authorized by the Chief Justice, a court may not waive or suspend the fees required to be added to judgments under this section. [2001 c.823 �20; 2007 c.860 �32; 2009 c.484 �3; 2009 c.659 ��34,36; 2009 c.791 �4a; 2011 c.595 ��92,92a; 2021 c.215 �1; 2021 c.597 �7]

�� 1.204 [2001 c.823 �25 (enacted in lieu of 8.172); 2003 c.518 �11; repealed by 2011 c.595 �173]

JUDICIAL OFFICERS GENERALLY

�� 1.210 Judicial officer defined. A judicial officer is a person authorized to act as a judge in a court of justice.

�� 1.212 Oath of office for judges. (1) Before entering upon the duties of a judge of the Supreme Court, whether upon election or appointment as a judge of the Supreme Court or upon appointment as a senior judge or a judge pro tempore, a person must take and subscribe, and submit to the Secretary of State, an oath in the form provided by section 7, Article VII (Amended) of the Oregon Constitution.

�� (2) Except as provided in subsection (3) of this section, before entering upon the duties of a judge of the Court of Appeals, the Oregon Tax Court or a circuit court, a person who is appointed or elected to the office must take and subscribe, and submit to the Secretary of State, an oath in the following form:

�� I, __, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the __ (court), according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been ______ (elected or appointed).

�� (3) Before entering upon the duties of a judge pro tempore of the Court of Appeals, the Oregon Tax Court or a circuit court, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:

�� (4) Before entering upon the duties of a senior judge of the State of Oregon, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:

�� I, ______, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a senior judge of the State of Oregon, according to the best of my ability.

�� (5) Subsections (3) and (4) of this section do not require that any person take an oath more than once during the term that the person is approved to serve as a senior judge or judge pro tempore, or that a person serving as a senior judge or judge pro tempore take the prescribed oath before each assignment as a judge of the Court of Appeals, Oregon Tax Court or circuit court. Subsection (3) of this section does not require that a judge assigned to serve as judge pro tempore under ORS 1.615 take any additional oath of office. [2003 c.518 �6]

�� 1.220 Judicial officer or partner acting as attorney. (1) Except as provided in this section, a judicial officer appointed or elected to a full-time position may not act as an attorney in an action or proceeding.

�� (2) A judicial officer appointed or elected to a full-time position may act as an attorney in an action or proceeding if the judicial officer is an active licensee of the Oregon State Bar and is either a party to the action or proceeding or the judicial officer has a direct interest in the action or proceeding.

�� (3) A judge of a county court or justice court who is an active licensee of the Oregon State Bar:

�� (a) May act as an attorney in a court other than the court in which the judge presides; and

�� (b) May not be engaged in the practice of law with an attorney who appears in the court in which the judge presides.

�� (4) A judge pro tempore may not preside in an action or proceeding if an attorney who is engaged in the practice of law with the judge appears in the action or proceeding. [Amended by 2007 c.547 �4; 2025 c.32 �60]

�� 1.230 Powers of a judge out of court. A judge may exercise, out of court, all the powers expressly conferred upon a judge as distinguished from a court, and not otherwise.

�� 1.240 Powers of judicial officers. Every judicial officer has power:

�� (1) To preserve and enforce order in the immediate presence of the judicial officer, and in the proceedings before the judicial officer, when the judicial officer is performing a duty imposed by statute.

�� (2) To compel obedience to the lawful orders of the judicial officer, as provided by statute.

�� (3) To compel the attendance of persons to testify in a proceeding pending before the judicial officer in the cases and manner provided by statute.

�� (4) To administer oaths in a proceeding pending before the judicial officer, and in all other cases where it may be necessary, in the exercise of the powers and the performance of the duties of the judicial officer.

�� 1.250 Punishment for contempt. For the effectual exercise of the powers specified in ORS 1.240, a judicial officer may punish for contempt, in the cases and manner provided by statute.

�� 1.260 Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts; where powers may be exercised. The judges of the Supreme Court, the Court of Appeals, the Oregon Tax Court and the circuit courts have power in any part of the state:

�� (1) To take and certify:

�� (a) The proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged.

�� (b) The acknowledgment of satisfaction of a judgment in any court.

�� (c) An affidavit or deposition to be used in any court of justice or other tribunal of this state.

�� (2) To exercise any other power and perform any other duty conferred or imposed upon them by statute. [Amended by 1963 c.423 �1; 1969 c.198 �18]

�� 1.270 Powers of other judicial officers; where powers may be exercised. Every other judicial officer may, within the county, city, district or precinct in which the judicial officer is chosen:

�� (1) Exercise the powers mentioned in ORS 1.260 (1).

�� (2) Exercise any other power and perform any other duty conferred or imposed upon the judicial officer by statute.

�� 1.280 [1959 c.552 �4; repealed by 1981 s.s. c.1 �25]

�� 1.290 Leaves of absence. (1) As used in this section, unless the context requires otherwise, �judge� means any judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court or any circuit court, but does not include any person appointed by the Supreme Court as judge pro tempore of any of those courts who does not hold the elective office of judge of any of those courts.

�� (2) Upon receipt of the written application of any judge, the Supreme Court may grant the judge a leave of absence without salary for a period of not more than one year. The Supreme Court may grant a leave of absence only if the court is satisfied that the administration of justice in Oregon will be enhanced by granting the leave. Application for a leave of absence is considered a waiver of salary by the applicant for the period of time the applicant is absent under the leave granted by the court.

�� (3) A leave of absence shall be granted by order of the Supreme Court. The order shall state the maximum period of time for which the leave is granted. Promptly after the granting of the leave, the State Court Administrator shall cause a certified copy of the order granting the leave to be sent to the Secretary of State and the Public Employees Retirement Board.

�� (4) At the termination of leave of absence under this section, unless the judge sooner dies or resigns, a judge shall resume the duties of office and cause written notice of the resumption to be sent to the Supreme Court, the Secretary of State and the Public Employees Retirement Board. The resumption and sending notice thereof constitutes a termination of the leave whether or not the full maximum period of time granted has expired.

�� (5) Absence on leave by a judge under this section does not create a vacancy in the office to which the judge was elected or appointed, nor is the judge subject to removal as a consequence thereof.

�� (6) Absence on leave under this section by a judge who is a member of the Public Employees Retirement System under ORS chapter 238 does not break the continuity of the membership of the judge in the system. [1965 c.12 �1; 1969 c.198 �19; 1971 c.193 �8; 1991 c.815 �2]

�� 1.300 Senior judge; assignment; duties and powers; compensation and expenses. (1) A judge who retires from the circuit court, Oregon Tax Court, Court of Appeals or Supreme Court, except a judge retired under the provisions of ORS 1.310, may be designated a senior judge of the State of Oregon by the Supreme Court and, if so designated, shall be so certified by the Secretary of State.

�� (2)(a) Upon filing with the Secretary of State an oath of office as a senior judge as prescribed in ORS 1.212, a senior judge is eligible for temporary assignment, with the consent of the senior judge, by the Chief Justice of the Supreme Court or the designee of the Chief Justice, to a state court as provided in this subsection, whenever the Chief Justice or the designee of the Chief Justice determines that the assignment is reasonably necessary and will promote the efficient administration of justice.

�� (b) A senior judge who retired from the Supreme Court may be assigned under this subsection to any state court.

�� (c) A senior judge who retired from a court other than the Supreme Court may be assigned under this subsection to any state court other than the Supreme Court.

�� (d) A senior judge assigned to serve as a circuit court judge may be assigned under this subsection to serve in any one or more counties or judicial districts during the term of the assignment.

�� (3) The assignment of a senior judge shall designate the court or courts to which the judge is assigned and the duration of the assignment. The Chief Justice or the designee of the Chief Justice shall promptly notify the senior judge, and the court or courts to which the judge is assigned, of the assignment.

�� (4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the senior judge is assigned. The powers, jurisdiction and judicial authority of the senior judge in respect to any case or matter tried or heard by the senior judge while serving under the assignment shall continue beyond the expiration of the assignment so far as may be necessary to:

�� (a) Decide and dispose of any case or matter on trial or held under advisement.

�� (b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.

�� (c) Settle a transcript for appeal and grant extensions of time therefor.

�� (5) A senior judge assigned as provided in this section shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to five percent of the gross monthly salary of a regularly elected and qualified judge of the court to which the senior judge is assigned, or one-half of that daily compensation for services of one-half day or less. However, a retired judge shall not receive for services as a senior judge during any calendar year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the annual salary of a judge of the court from which the senior judge retired. The compensation shall be paid upon the certificate of the senior judge that the services were performed for the number of days shown in the certificate. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled.

�� (6) A senior judge assigned to a court located outside the county in Oregon in which the senior judge regularly resides shall receive, in addition to daily compensation, reimbursement for hotel bills and traveling expenses necessarily incurred in the performance of duties under the assignment. The expenses shall be paid upon presentation of an itemized statement of the expenses, certified by the senior judge to be correct. [1973 c.452 �2; 1975 c.706 �9; 1979 c.56 �1; 1983 c.628 �1; 1987 c.762 �2; 2003 c.518 �7; 2023 c.302 �2]

�� 1.303 Disability of judge; procedures upon receipt by Chief Justice of complaint or information. (1) As used in this section and ORS 1.425:

�� (a) �Judge� means a judge of any court of this state.

�� (b) �Subject judge� means a judge whose alleged disability is involved in proceedings under this section or ORS 1.425.

�� (c) �Disability� means a physical or mental condition of a judge, including but not limited to impairment derived in whole or in part from habitual or excessive use of intoxicants, drugs or controlled substances, that significantly interferes with the capacity of the judge to perform judicial duties. A disability may be permanent or temporary.

�� (2) When the Chief Justice of the Supreme Court receives a complaint as provided in ORS

ORS 100.105

100.105 and any prior recorded supplemental declarations.

�� (c) Contain the information required by ORS 100.105 (1) insofar as that information relates to the property being annexed or reclassified.

�� (d) State the allocation of undivided interest in the common elements of each unit previously submitted to the provisions of this chapter upon the creation or annexation of the additional property.

�� (e) If a stage being annexed contains any variable property, include the information required under ORS 100.105 (7) insofar as that information relates to the property being annexed. The termination date must be consistent with the information included in the declaration in accordance with ORS 100.105 (2)(b) but may not exceed seven years from the recording of the conveyance of the first unit in the stage to a person other than the declarant.

�� (3) If the Condominium Information Report and the Annual Report described in ORS 100.250 are designated current as provided in ORS 100.255, all supplemental declarations and plats shall be approved, executed and recorded as provided in ORS 100.100, 100.110 and 100.115. A unit being annexed or created by a supplemental declaration may not be conveyed until after the recording.

�� (4) To withdraw all or a portion of withdrawable variable property from a flexible condominium pursuant to ORS 100.150 (1)(b), a supplemental declaration and plat must be recorded in accordance with subsection (3) of this section. The supplemental plat must comply with ORS 100.115 (2) and the supplemental declaration must:

�� (a) Be consistent with the provisions of the declaration or supplemental declaration drawn pursuant to ORS 100.105 (7).

�� (b) Include a metes and bounds legal description of the variable property being withdrawn.

�� (c) Include a metes and bounds legal description of the resulting boundaries of the condominium after the withdrawal.

�� (d) State whether any variable property remains that may be reclassified, redesignated or withdrawn from the condominium under ORS 100.150 (1) and, if property may be withdrawn, include the statement required under ORS 100.105 (7)(m).

�� (e) If any withdrawable variable property is being redesignated as �nonwithdrawable variable property� under ORS 100.150 (1), include the information required under ORS 100.105 (7)(L) and any other information required by rule of the Real Estate Commissioner.

�� (5) Except as provided in subsection (6) of this section, as to property submitted to unit ownership after October 4, 1977, additional units may not be added within property previously submitted to unit ownership unless all unit owners consent to an amendment to the declaration, plat and any floor plans recorded pursuant to ORS 100.116 in order to provide for such additional units.

�� (6) As to property submitted to unit ownership before September 27, 1987, if the declaration provides that additional property may be annexed to the condominium, any subsequent stage may contain variable property. The termination date may not be later than the earlier of:

�� (a) The date specified in the declaration under ORS 100.105 (2)(b); or

�� (b) Seven years from the recording of the conveyance of the first unit in the condominium to a person other than the declarant. [Formerly 94.047; 1995 c.31 �2; 1999 c.677 �43; 2001 c.756 �29; 2009 c.641 �44; 2019 c.69 �7; 2021 c.97 �10]

�� 100.122 Declaration prevails over inconsistent provisions of bylaws or articles of incorporation. In the event of a conflict between the declaration and the bylaws or between the declaration and any articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 100.005 to

ORS 100.120

100.120, the termination date from the date of recording of the conveyance of the first unit in the condominium to a person other than the declarant may not exceed:

�� (A) Twenty years, only if a condominium consists, or may consist if the condominium is a flexible condominium, exclusively of units to be used for nonresidential purposes; or

�� (B) Seven years.

�� (e) The maximum number of units that may be created.

�� (f) A statement that the method used to establish the allocations of undivided interest in the common elements, the method used to determine liability for common expenses and right to common profits and the method used to allocate voting rights as additional units are created is the same as stated in the declaration in accordance with subsection (1)(g), (i) and (j) of this section.

�� (g) A general description of all existing improvements and the nature and proposed use of any improvements that may be made on variable property if the improvements might substantially increase the proportionate amount of the common expenses payable by existing unit owners.

�� (h) A statement of whether or not the declarant reserves the right to create limited common elements within any variable property, and if so, a general description of the types that may be created.

�� (i) A statement that the plat shows the location and dimensions of all withdrawable variable property that is labeled �WITHDRAWABLE VARIABLE PROPERTY.�

�� (j) A statement that if by the termination date all or a portion of the withdrawable variable property has not been withdrawn or reclassified, the withdrawable variable property is automatically withdrawn from the condominium as of the termination date.

�� (k) A statement of the rights of the association under ORS 100.155 (2).

�� (L) A statement of whether or not all or any portion of the variable property may not be withdrawn from the condominium and, if so, with respect to the nonwithdrawable variable property:

�� (A) A statement that the plat shows the location and dimensions of all nonwithdrawable variable property that is labeled �NONWITHDRAWABLE VARIABLE PROPERTY.�

�� (B) A description of all improvements that may be made and a statement of the intended use of each improvement.

�� (C) A statement that, if by the termination date all or a portion of the variable property designated as �nonwithdrawable variable property� has not been reclassified, the property is automatically reclassified as of the termination date as a general common element of the condominium and any interest in the property held for security purposes is automatically extinguished by the classification.

�� (D) A statement of the rights of the association under ORS 100.155 (3).

�� (m) A statement by the local governing body or appropriate department thereof that the withdrawal of any variable property designated as �withdrawable variable property� in the declaration in accordance with paragraph (L) of this subsection, will not violate any applicable planning or zoning regulation or ordinance. The statement may be attached as an exhibit to the declaration.

�� (8) The plan of development for any variable property included in the declaration or any supplemental declaration of any stage in accordance with subsection (7) of this section is subject to any plan of development included in the declaration in accordance with subsection (2) of this section, except that the time limitation specified in subsection (7)(d) of this section governs any right reserved under ORS 100.150 (1) with respect to any variable property.

�� (9) The information included in the declaration in accordance with subsection (7)(j), (k) and (m) of this section may not be deleted by amendment.

�� (10)(a) Approval by the unit owners is not required for a declarant to redesignate withdrawable variable property as �nonwithdrawable variable property� under ORS 100.150 (1) by supplemental declaration and supplemental plat, for any reason, including if the redesignation is required by the local governing body to comply with any planning or zoning regulation or ordinance.

�� (b) If as a result of a redesignation under paragraph (a) of this subsection, the information required to be included in the supplemental declaration under subsection (7)(L)(B) of this section is inconsistent with the information included in the declaration or supplemental declaration in accordance with subsection (7)(g) of this section, an amendment to the declaration or supplemental declaration and plat or supplemental plat approved by at least 75 percent of owners is required.

�� (11) The statement of an interest in property other than fee simple submitted to the condominium form of ownership and any easements, rights or appurtenances belonging to property submitted to the condominium form of ownership, whether leasehold or fee simple, must include:

�� (a) A reference to the recording index numbers and date of recording of the instrument creating the interest; or

�� (b) A reference to the law, administrative rule, ordinance or regulation that creates the interest if the interest is created under law, administrative rule, ordinance or regulation and not recorded in the office of the recording officer of the county in which the property is located. [Formerly 94.029; 1995 c.31 �1; 1997 c.816 �3; 1999 c.677 �40; 2001 c.756 �26; 2003 c.569 �23; 2007 c.410 �8; 2009 c.641 �36; 2019 c.69 �3; 2023 c.223 �14]

�� 100.110 Approval of declaration, supplemental declaration or amendment required; prerequisites; fee. (1)(a) Before a declaration, supplemental declaration or an amendment thereto may be recorded, it must be approved as provided in this section by the county assessor of the county in which the property is located and the Real Estate Commissioner.

�� (b) Before a declaration, supplemental declaration or, if required under subsection (3) of this section, an amendment thereto may be recorded, it must be approved by the tax collector of the county in which the property is located.

�� (c) A declaration, supplemental declaration or amendment thereto may not be approved unless the requirements of subsections (2) to (7) of this section are met. Approval must be evidenced by execution of the declaration or amendment or by a written approval attached thereto.

�� (d) If the requirements of subsections (2) to (7) of this section are met, the commissioner, county assessor and tax collector, if applicable, shall approve the declaration, supplemental declaration or amendment.

�� (2) The county assessor of the county in which the property is located shall approve a declaration, supplemental declaration or amendment thereto if:

�� (a) The name complies with ORS 100.105 (5) and (6); and

�� (b) The plat complies with the requirements of ORS 100.115 or the plat amendment complies with ORS 100.116.

�� (3) The tax collector of the county in which the property is located shall approve the declaration or supplemental declaration, or an amendment that adds property to the condominium, changes the boundary of a unit or creates an additional unit from all or parts of other units or from all or parts of other units and common elements for which a plat amendment is required under ORS 100.116, if:

�� (a) All ad valorem taxes, special assessments, fees, or other charges required by law to be placed upon the tax roll for the affected units that have or will become a lien upon the property during the tax year have been paid;

�� (b) Advance payment of ad valorem taxes, special assessments, fees or other charges for the affected units that are not on the tax roll and for which payment is required under paragraph (a) of this subsection has been made to the tax collector utilizing the procedures contained in ORS 92.095 and 311.370; and

�� (c) The additional taxes, penalty, and any interest attributable thereto, required because of disqualification of the affected units from any special assessment have been paid.

�� (4) Subject to subsection (6) of this section, the commissioner shall approve the declaration or amendment thereto if:

�� (a) The declaration or the amendment thereto complies with the requirements of ORS

ORS 100.125

100.125, the transferee shall not acquire the right to annex additional stages to the condominium unless the transferee simultaneously acquires from the declarant property adjacent to the condominium which is entitled to be annexed to the condominium, or unless the conveyance evidences an intent to transfer such right to the transferee.

�� (4) A declarant or a successor declarant may transfer all or less than all of the transferor�s special declarant rights to a transferee, whether or not any interest in real property is conveyed, by an instrument executed by the declarant or successor declarant and the transferee evidencing an intent to transfer all or specific special declarant rights, which instrument shall be recorded in the office of the recording officer of every county in which the property is located. If the transfer is not subject to subsection (1) of this section, it shall also bear the written consent of any holder of a blanket encumbrance on the condominium. [Formerly

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 100.625

100.625 and paragraph (b) of this subsection or other provisions of the Oregon Condominium Act, an amendment must be approved by all unit owners if:

�� (i) The amendment changes the boundary of the property submitted to the condominium form of ownership;

�� (ii) The amendment changes the boundary of a unit; or

�� (iii) The amendment creates an additional unit from common elements or part of one or more units, or both.

�� (B) An amendment under this subsection constitutes a conveyance and must include words of conveyance and, if an additional unit is created, must state the name of the grantee and unit designation. If an additional unit is created from common elements, the association is the initial grantee of the additional unit. A subsequent conveyance of the additional unit must be made by a deed certified by the association and acknowledged.

�� (C) An amendment that changes the boundary of a unit must also be executed by the owners of all affected units, and approved by lenders holding a security in the unit.

�� (b) An amendment that adds property owned by the association to the condominium as a common element constitutes a conveyance and must:

�� (A) Be approved by at least 75 percent of owners;

�� (B) Contain words of conveyance;

�� (C) Be certified by the association in accordance with subsection (2)(b) of this section; and

�� (D) Be accompanied by a plat amendment in accordance with ORS 100.116 if the amendment includes changes that are inconsistent with the surveyor�s certificate or other information on the plat, a supplemental plat or a plat amendment, and that require a plat amendment under ORS 100.116.

�� (c) Paragraph (b) of this subsection does not require that property acquired or held by the association pursuant to ORS 100.405 (4)(i) be added to the condominium.

�� (d) If the association owns the fee title to the real property underlying a leasehold condominium, the association may amend the declaration under paragraph (b) of this subsection to require the fee title interest to submit to the requirements of this chapter.

�� (6) Except as otherwise provided in ORS 100.005 to 100.627, an amendment may not change the allocation of undivided interest in the common elements, the method of determining liability for common expenses, the method of determining the right to common profits or the method of determining voting rights of any unit unless such amendment has been approved by the owners of the affected units.

�� (7) The declaration may not be amended to limit or diminish any right of a declarant reserved under ORS 100.105 (2) or (7) or any other special declarant right without the consent of the declarant unless the declarant waives the declarant�s right of consent.

�� (8) This section does not affect any other approval that may be required by the declaration, bylaws or other instrument.

�� (9) During a period of declarant control reserved under ORS 100.200, an amendment under this section must be voted on without regard to any weighted vote or other special voting allocation reserved by the declarant unless the declaration provides that the declarant has the right to exercise the voting rights with respect to specifically described amendments. Nothing in this subsection prohibits a declarant from reserving the right that declarant�s consent is required for an amendment during a period of declarant control reserved in the declaration.

�� (10) An amendment to a declaration or a supplemental declaration is conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to such amendment unless an action is brought within one year after the date the amendment was recorded or the face of the recorded amendment indicates that the amendment did not receive the votes required for approval. Nothing in this subsection prevents the further amendment of an amended declaration or plat in accordance with ORS 100.005 to 100.627.

�� (11) An amendment to a declaration or supplemental declaration, including an amendment under this section or ORS 100.515 (5), must conform to any format and include any additional information required by the commissioner. [Formerly 94.059; 1995 c.31 �3; 1997 c.816 �6; 1999 c.677 �70; 2001 c.756 �31; 2003 c.569 �26; 2009 c.641 �21; 2019 c.69 �9]

�� 100.140 Temporary relocation of floating structure; security interests upon termination of condominium. (1) A floating structure described in ORS 100.020 (3)(b)(D) that constitutes part of a condominium may be temporarily relocated for purposes of safety, renovation, repair or remodeling without affecting its status as a condominium or real property. However, if the floating structure is not returned to its original location within 18 months after the relocation, the condominium shall be terminated or, if there are remaining units, partially terminated pursuant to ORS 100.600 and subsection (2) of this section.

�� (2) If the condominium is terminated, all security interests affecting any interest in the condominium shall continue to be considered a security in real property after the termination, notwithstanding that the floating structure portion of the condominium may be physically moved from its permanent moorage.

�� (3) When a floating structure has been relocated under subsection (1) of this section, the board of directors of the association shall give written notice of the temporary location of the structure to the county assessor within 10 days of the relocation. [1997 c.816 �18]

�� Note: 100.140 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.

FLEXIBLE CONDOMINIUMS

�� 100.150 Declarant�s options until termination date. (1) With regard to a flexible condominium, before the termination date, and by recording a supplemental declaration and a supplemental plat in accordance with ORS 100.115 and 100.120, the declarant may:

�� (a) Reclassify all or a portion of the property designated as variable property in the declaration and on the plat, as one or more general common elements, limited common elements, units or a combination of the elements and units;

�� (b) Unless designated in the declaration and on the plat or in a supplemental declaration and on the supplemental plat as nonwithdrawable variable property, withdraw all or a portion of the variable property from the condominium; and

�� (c) Subject to the requirements of ORS 100.105 (7)(m), change the designation of all or a portion of variable property designated withdrawable variable property in the declaration and on the plat or in a supplemental declaration and on the supplemental plat to nonwithdrawable variable property.

�� (2) Until variable property is withdrawn or reclassified as provided in subsection (1) of this section or under ORS 100.155 (1):

�� (a) The property is a distinct classification of property and may not be a common element or unit of the condominium.

�� (b) The property is considered a parcel of real property and is subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real property.

�� (c) Unless otherwise specifically provided in the declaration or supplemental declaration:

�� (A) The declarant shall pay all assessments, taxes and other expenses of the variable property. If the declarant fails to pay any expenses of any variable property designated as nonwithdrawable variable property, the board of directors may elect to pay the expenses and assess the unit owners as a common expense. All costs incurred may be charged to the declarant.

�� (B) Ownership or occupancy of variable property does not confer any right to use the common elements of the condominium.

�� (C) Ownership or occupancy of units does not confer any right to use variable property.

�� (D) Variable property is not subject to assessments for expenses of the condominium. [Formerly

ORS 105.005

105.005.

�� 517.090 Application to claims of law governing transfers and mortgages of realty. All conveyances of mining claims or of interests therein, either quartz or placer, whether patented or unpatented, are subject to the provisions governing transfers and mortgages of other realty as to execution, recordation, foreclosure, execution sale and redemption. However, such redemption by the judgment debtor must take place within 60 days from date of confirmation, or such right is lost. [Amended by 2003 c.14 �339]

�� 517.100 Sums payable on redemption of claim; interest. In case of redemption from sale under judgment, the redemptioner shall pay such sums as are now required by law for redemption under execution sale, and such additional sum as may have been expended upon the property so redeemed by the purchaser under execution, or the assigns of the purchaser, in order to keep alive the possessory right thereto after the execution sale, not exceeding $100 for each claim, with 10 percent interest thereon from date of such expenditures. [Amended by 2003 c.576 �466]

�� 517.110 Grubstaking contracts. All contracts of mining copartnership, commonly known as �grubstaking,� shall be in writing, and recorded with the clerk of the county wherein the locations thereunder are made. Unless contracts of mining copartnership contain the names of the parties thereto and the duration thereof, the contracts are void. [Amended by 1991 c.230 �28]

PROSPECTING, SMALL SCALE MINING AND RECREATIONAL MINING

�� 517.120 Definitions for ORS 517.120 to 517.133. As used in ORS 517.120 to 517.133:

�� (1) �Mining� means the removal of gold, silver or other precious minerals from aggregate or a vein of ore.

�� (2) �Mining claim� means a portion of the public lands claimed for the valuable minerals occurring in those lands and for which the mineral rights are obtained under federal law or a right that is recognized by the United States Bureau of Land Management and given an identification number.

�� (3) �Prospecting� means to search or explore, using motorized or nonmotorized methods, for samples of gold, silver or other precious minerals from among small quantities of aggregate or ore.

�� (4) �Recreational mining� means mining in a manner that is consistent with a hobby or casual use, including use on public lands set aside or withdrawn from mineral entry for the purpose of recreational mining, or using pans, sluices, rocker boxes, other nonmotorized equipment and dredges with motors of 16 horsepower or less and a suction nozzle of four inches or less in diameter.

�� (5) �Small scale mining� means mining on a valid federal mining claim operating under a notice of intent or plan of operations while using whatever equipment is necessary, as approved by the notice of intent or plan of operations, to locate, remove and improve the claim. [1999 c.354 �1]

�� Note: 517.120 to 517.135 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 517.123 Legislative findings. The Legislative Assembly finds that prospecting, small scale mining and recreational mining:

�� (1) Are important parts of the heritage of the State of Oregon; and

�� (2) Provide economic benefits to the state and local communities. [1999 c.354 �2; 2013 c.783 �10]

�� Note: See note under 517.120.

�� 517.125 Rules to be adopted in consultation with affected parties. Any rule pertaining to recreational or small scale mining adopted after June 28, 1999, shall be adopted in consultation with affected parties. [1999 c.354 �3]

�� Note: See note under 517.120.

�� 517.128 Restricting access to open mining area or mining claim prohibited. A person may not attempt to restrict access to any open mining area or valid mining claim or to harass or interfere in any way with a person engaged in lawful mining activities. [1999 c.354 �4]

�� Note: See note under 517.120.

�� 517.130 Mineral trespass. (1) As used in this section:

�� (a) �Bedrock sluice� means a wood or metal flume or trough that is permanently attached to the bedrock of the creek and is equipped with transverse riffles across the bottom of the unit and used to recover heavy mineral sands.

�� (b) �Deface� includes but is not limited to altering, pulling down, damaging or destroying.

�� (c) �Dredge� means a subsurface hose from 1.5 to 10 inches in diameter that is powered by an engine and is used to draw up auriferous material that is then separated in the sluice portion of the unit.

�� (d) �Flume� means a trough used to convey water.

�� (e) �Quartz mill� means a facility for processing ores or gravel.

�� (f) �Rocker box� means a unit constructed of a short trough attached to curved supports that allow the unit to be rocked from side to side.

�� (g) �Sluice box� means a portable unit constructed of a wood or metal flume or trough equipped with transverse riffles across the bottom of the unit and that is used to recover heavy mineral sands.

�� (2) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder:

�� (a) Enters a mining claim posted as required in ORS 517.010 or 517.044 and disturbs, removes or attempts to remove any mineral from the claim site;

�� (b) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill or other mining equipment at a posted mining claim; or

�� (c) Defaces a location stake, side post, corner post, landmark, monument or posted written notice within a posted mining claim.

�� (3) Mineral trespass is a Class C misdemeanor. [1999 c.354 �5]

�� Note: See note under 517.120.

�� 517.133 Interfering with a mining operation. (1) As used in this section, �lawful mining operation� means any small scale mining operation that is in full compliance with state and federal laws.

�� (2) A person commits the crime of interfering with a mining operation if the person intentionally:

�� (a) Interferes with a lawful mining operation; or

�� (b) Stops, or causes to be stopped, a lawful mining operation.

�� (3) Interfering with a mining operation is a Class C misdemeanor. [1999 c.354 �6]

�� Note: See note under 517.120.

�� 517.135 Exemption from crimes of mineral trespass and interfering with a mining operation. (1) 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 105.515

105.515, the sureties therein provided for shall justify as bail upon arrest, otherwise the justification may be omitted unless the plaintiff requires it. If the order is made and undertaking given, and the defendant fails to abate the nuisance within the time specified in the order, at any time within six months thereafter, the warrant for the abatement of the nuisance may issue as if the warrant had not been stayed.

�� 105.525 [Repealed by 1969 c.509 �8]

�� 105.530 [Repealed by 1969 c.509 �8]

ABATEMENT OF NUISANCE ACTIVITIES OR CONDITIONS

�� 105.550 Definitions for ORS 105.550 to 105.600. As used in ORS 105.550 to 105.600, unless the context requires otherwise:

�� (1) �Of record� means:

�� (a) With regard to real property, that an owner�s interest is recorded in the public records provided for by Oregon statutes where the owner�s interest must be recorded to perfect a lien or security interest or provide constructive notice of the owner�s interest; or

�� (b) With regard to personal property, that an owner�s interest is recorded in the public records under any applicable state or federal law where the owner�s interest must be recorded to perfect a lien or security interest, or provide constructive notice of the owner�s interest.

�� (2) �Owner� means a person having any legal or equitable interest in property, including, but not limited to, a purchaser, lienholder or holder of any security interest in such property.

�� (3) �Place� or �property� includes, but is not limited to, any premises, room, house, building or structure or any separate part or portion thereof whether permanent or not or the ground itself or any conveyance or any part or portion thereof. [1989 c.846 �2; 1999 c.168 �6]

�� 105.555 Places declared nuisances subject to abatement. (1) The following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600:

�� (a) Any place that, as a regular course of business, is used for the purpose of prostitution and any place where acts of prostitution or commercial sexual solicitation occur.

�� (b) Any place that is used and maintained for profit and for the purpose of gambling or a lottery, as defined in ORS 167.117, by any person, partnership or corporation organized for profit and wherein take place any of the acts or wherein are kept, stored or located any of the games, devices or things that are forbidden by or made punishable by ORS 167.108 to 167.164.

�� (c) Any place that has been determined to be not fit for use under ORS 453.876 and that has not been decontaminated and certified as fit for use under ORS 453.885 within 180 days after the determination under ORS 453.876.

�� (d) Any place where activity involving the unauthorized delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005, occurs or any place wherein are kept, stored or located any of the devices, equipment, things or substances used for unauthorized delivery, manufacture or possession of a controlled substance. As used in this paragraph, �devices, equipment, things� does not include hypodermic syringes or needles.

�� (e) Any place where activity involving a misdemeanor or felony offense described in ORS

ORS 105.597

105.597 to be nuisances provided that no such ordinance or regulation shall affect real or personal property unless it is consistent with the provisions of ORS 105.550 to 105.600, 166.715 and 167.158. [1989 c.846 �11; 2015 c.136 �5]

SUITS TO QUIET TITLE AND REMOVE CLOUD

�� 105.605 Suits to determine adverse claims. Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate therein for the purpose of determining such conflicting or adverse claims, interests or estates. Any municipal corporation or county of this state claiming any interest or estate in real property which is not in the actual possession of another, including real property acquired by foreclosure of delinquent tax liens situated in the same county, may maintain a suit in equity against all persons who claim an adverse interest or estate in all or any part of the property for the purpose of determining the conflicting or adverse claims, interests or estates. One or more parcels may be included in one suit and the issue made by the pleadings in any suit by a municipality or county relating only to a certain parcel or part of the real property, shall be separately tried and determined upon motion of any interested party.

�� 105.610 Suit to cancel patent of donee under Donation Law. Whenever any person claims real property as a donee of the United States by virtue of a settlement thereon under the Act of Congress approved September 27, 1850, commonly called the Donation Law, or the Acts amendatory thereto, and the patent for such property, or any portion thereof, was wrongfully issued to another, the person may maintain a suit in equity against the person to whom the patent was issued, or those claiming under the person, for the purpose of having the patent canceled, and the estate or interest of the plaintiff in the property ascertained and established. In such suit, the party entitled to and making the settlement under such Acts of Congress, and complying with the subsequent conditions thereby required, is deemed to have a legal estate in fee in the property although the patent therefor was issued to another.

�� 105.615 Action by tenant in common against cotenants. Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if the tenant in common or the tenant in common�s predecessor in interest has been in possession of the real property, exclusive of all other cotenants, for an uninterrupted period of 20 years or more and has paid all taxes assessed against such property while in possession. Notice of the exclusive possession need not be given to the other cotenants by the cotenant in possession. [1969 c.350 �1; 1989 c.1069 �3]

�� 105.618 Adverse possession of railroad property. A person may not acquire by adverse possession, as defined in ORS 105.620, property owned by a railroad or used for a railroad operation. [2007 c.440 �1]

�� 105.620 Acquiring title by adverse possession. (1) A person may acquire fee simple title to real property by adverse possession only if:

�� (a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;

�� (b) At the time the person claiming by adverse possession or the person�s predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief:

�� (A) By the person and the person�s predecessor in interest, continued throughout the vesting period;

�� (B) Had an objective basis; and

�� (C) Was reasonable under the particular circumstances; and

�� (c) The person proves each of the elements set out in this section by clear and convincing evidence.

�� (2)(a) A person maintains �hostile possession� of property if the possession is under claim of right or with color of title. �Color of title� means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance.

�� (b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section.

�� (3) As used in this section and ORS 105.005 and 105.615, �person� includes, but is not limited to, the state and its political subdivisions as created by statute. [1989 c.1069 �1; 1991 c.109 �2; 1999 c.950 �1]

UNIFORM DISCLAIMER OF PROPERTY INTERESTS

�� 105.623 Short title. ORS 105.623 to 105.649 may be cited as the Uniform Disclaimer of Property Interests Act. [2001 c.245 �1]

�� 105.624 Definitions for ORS 105.623 to 105.649. As used in ORS 105.623 to 105.649:

�� (1) �Disclaimant� means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

�� (2) �Disclaimed interest� means the interest that would have passed to the disclaimant had the disclaimer not been made.

�� (3) �Disclaimer� means the refusal to accept an interest in property or a power over property.

�� (4) �Fiduciary� means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person.

�� (5) �Jointly held property� means property held in the name of two or more persons under an arrangement pursuant to which:

�� (a) All holders have concurrent interests; and

�� (b) The last surviving holder is entitled to the whole of the property.

�� (6) �Person� means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, public corporation or any other legal or commercial entity.

�� (7) �State� means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaska Native village, recognized by federal law or formally acknowledged by another state.

�� (8) �Trust� means:

�� (a) A charitable or noncharitable express trust, including any additions made to the trust, whenever and however created; and

�� (b) A trust created pursuant to a statute or judgment that requires the trust to be administered in the same manner as an express trust. [2001 c.245 �2; 2003 c.576 �369; 2009 c.294 �15; 2021 c.97 �12]

�� 105.625 [1975 c.622 �8; repealed by 2001 c.245 �19]

�� 105.626 Scope. ORS 105.623 to 105.649 apply to disclaimers of any interest in or power over property without regard to when the interest or power that is disclaimed was created. [2001 c.245 �3]

�� 105.627 [1975 c.622 �1; 1981 c.56 �1; repealed by 2001 c.245 �19]

�� 105.628 Effect on other law. (1) Unless displaced by a provision of ORS 105.623 to 105.649, the principles of law and equity supplement ORS 105.623 to 105.649.

�� (2) ORS 105.623 to 105.649 do not limit any right of a person to waive, release, disclaim or renounce an interest in property, or power over property, under a law other than ORS 105.623 to 105.649. [2001 c.245 �4]

�� 105.629 Power to disclaim; general requirements; when irrevocable. (1) A person may disclaim, in whole or part, any interest in property or any power over property, including a power of appointment. A person may disclaim the interest or power even if the person who created the interest or power imposed a spendthrift provision or similar restriction on transfer or imposed a restriction or limitation on the right to disclaim.

�� (2) Except to the extent that a fiduciary�s right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in property or power over property, including a power of appointment, without regard to whether the fiduciary is acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if the creator of the interest or power imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

�� (3) To be effective, a disclaimer must:

�� (a) Be in writing or otherwise recorded by inscription on a tangible medium or by storage in an electronic or other medium in a manner that allows the disclaimer to be retrieved in perceivable form;

�� (b) Declare that the person disclaims the interest in the property or in the power;

�� (c) Describe the interest in property or power over property that is disclaimed;

�� (d) Be signed by the person making the disclaimer; and

�� (e) Be delivered or filed in the manner provided in ORS 105.642.

�� (4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power or as any other interest or estate in the property.

�� (5) A disclaimer is irrevocable when the disclaimer is delivered or filed pursuant to ORS

ORS 105.623

105.623 to 105.649.

�� (3) If a claimant conveyed the property to another person and reacquired the property, whether by foreclosure or otherwise, the claimant�s acquisition date is:

�� (a) Unaffected by the conveyance if the claimant reacquired the property within 10 days after the conveyance; or

�� (b) The date the claimant reacquired ownership of the property if the claimant reacquired the property more than 10 days after the claimant conveyed the property.

�� (4) A default judgment entered after December 2, 2004, does not alter a claimant�s acquisition date unless the claimant�s acquisition date is after December 2, 2004. [2007 c.424 �21; 2011 c.612 �1]

�� 195.330 Filing date of documents. For the purposes of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, a document is filed on the date the document is received by the public entity. [2007 c.424 �21a]

�� 195.332 Fair market value of property. For the purposes of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, the fair market value of property is the amount of money, in cash, that the property would bring if the property was offered for sale by a person who desires to sell the property but is not obligated to sell the property, and if the property was bought by a person who was willing to buy the property but not obligated to buy the property. The fair market value is the actual value of property, with all of the property�s adaptations to general and special purposes. The fair market value of property does not include any prospective value, speculative value or possible value based upon future expenditures and improvements. [2007 c.424 �21b]

�� 195.334 Effect of invalidity. If any part of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is held to be unconstitutional or otherwise invalid, all remaining parts of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, shall not be affected by the holding and shall remain in full force and effect. [2007 c.424 �21c]

�� 195.336 Compensation and Conservation Fund. (1) The Compensation and Conservation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Compensation and Conservation Fund shall be credited to the fund. The fund consists of moneys received by the Department of Land Conservation and Development under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9, 17 and 18, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, and other moneys available to the department for the purpose described in subsection (2) of this section.

�� (2) Moneys in the fund are continuously appropriated to the department for the purpose of paying expenses incurred to review claims under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, and for the purpose of paying the expenses of the Compensation and Conservation Ombudsman appointed under ORS 195.320. [2007 c.424 �22; 2009 c.855 �19]

�� Note: Section 11, chapter 424, Oregon Laws 2007, provides:

�� Sec. 11. (1) A subdivision or partition of property, or the establishment of a dwelling on property, authorized under sections 5 to 11, chapter 424, Oregon Laws 2007 [series became sections 5 to 11, chapter 424, Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010], must comply with all applicable standards governing the siting or development of the dwelling, lot or parcel including, but not limited to, the location, design, construction or size of the dwelling, lot or parcel. However, the standards must not be applied in a manner that has the effect of prohibiting the establishment of the dwelling, lot or parcel authorized under sections 5 to 11, chapter 424, Oregon Laws 2007, unless the standards are reasonably necessary to avoid or abate a nuisance, to protect public health or safety or to carry out federal law.

�� (2) If the property described in a claim is bisected by an urban growth boundary, any new dwelling, lot or parcel established on the property pursuant to an order under section 6, chapter 424, Oregon Laws 2007, must be located on the portion of the property outside the urban growth boundary.

�� (3) Before beginning construction of any dwelling authorized under section 6 or 7, chapter 424, Oregon Laws 2007, the owner must comply with the requirements of ORS

ORS 105.770

105.770 to 105.774. Such extinguishment shall occur at the end of the period in which the notice or renewal notice may be recorded.

�� (2) Any person owning such possibility of reverter or right of entry may record in the deed records of the county in which the land is situated a notice of intention to preserve such interest. Such notice may be filed for record by any person who is the owner or part owner of such interest, in which case the notice shall be effective as to the person filing the notice and any other person who is a part owner thereof. If any owner or part owner is a minor or financially incapable, as defined in ORS 125.005, the notice may be filed by a conservator appointed pursuant to a protective proceeding under ORS chapter 125.

�� (3) To be effective and to be entitled to record, such notice shall contain an accurate and full description of all land affected by such notice; but if such claim is founded upon a recorded instrument, then the description may be by reference to the recorded instrument. Such notice shall also contain the terms of the special limitation or condition subsequent from which the possibility of reverter or right of entry arises. The notice shall be executed, acknowledged, proved and recorded in each county in which the land is situated in the same manner as a conveyance of real property. In indexing such notices the county clerk shall enter such notices under the grantee indexes of deeds under the names of the persons on whose behalf such notices are executed.

�� (4) An initial notice may be recorded not less than 28 years, nor more than 30 years, after the possibility of reverter or right of entry was created; provided, however, if such possibility of reverter or right of entry was created prior to January 1, 1950, the notice may be recorded within two years after January 1, 1978. A renewal notice may be recorded after the expiration of 28 years and before the expiration of 30 years from the date of recording of the initial notice, and shall be effective for a period of 30 years from the recording of such renewal notice. In like manner, further renewal notices may be recorded after the expiration of 28 years and before the expiration of 30 years from the date of recording of the last renewal notice. [1977 c.723 �2; 1995 c.664 �81]

�� 105.774 Exclusions from application of ORS 105.770 and 105.772. ORS 105.770 to 105.774 shall not apply to conveyances made in favor of:

�� (1) The State of Oregon or any unit of local government as defined in ORS 190.003; or

�� (2) A corporation so long as it remains qualified as a nonprofit corporation pursuant to ORS chapter 65. If a corporation ceases to be so qualified, the conveyance to said corporation shall be treated in the same manner as a conveyance subject to the provisions of ORS 105.772. [1977 c.723 �3]

SUBSTANTIAL DAMAGE FROM FLOODING TO RESIDENTIAL STRUCTURES

�� 105.780 Notice of substantial damage from flooding to residential structures. (1) A local government with land use jurisdiction may present for recordation in the office of the county clerk a notice of designation of substantial damage to a residential structure when the residential structure:

�� (a) Has sustained substantial damage, as defined in an ordinance for the purpose of regulating development in hazard areas, from flooding; and

�� (b) Has not been brought into compliance with ordinances regulating development in hazard areas.

�� (2) A county clerk shall record a notice of designation of substantial damage pursuant to ORS 205.130 (3)(e).

�� (3) If a local government has caused a notice of designation of substantial damage to be recorded under this section, the local government shall present for recordation a notice of remedy of substantial damage that declares void the notice of designation of substantial damage recorded under this section when the structures that were substantially damaged by flooding have been brought into compliance with ordinances regulating development in hazard areas.

�� (4) The county clerk shall record a notice of remedy of substantial damage pursuant to ORS

ORS 107.452

107.452; and

�� (c) To enter an order or supplemental judgment for the purpose of implementing a settlement as allowed by ORS 19.410 (3).

�� (6) Jurisdiction of the appellate court over a cause ends when a copy of the appellate judgment is sent by the State Court Administrator to the court from which the appeal was taken pursuant to ORS 19.450, except that the appellate court may:

�� (a) Recall the appellate judgment as justice may require;

�� (b) Stay enforcement of the appellate judgment to allow the filing of a petition for writ of certiorari to the Supreme Court of the United States; and

�� (c) Stay enforcement of the appellate judgment pending disposition of the matter by the Supreme Court of the United States or for such other time as the Oregon appellate court may deem appropriate.

�� (7) If a limited or supplemental judgment is appealed, the jurisdiction of the appellate court is limited to the matters decided by the limited or supplemental judgment, and the trial court retains jurisdiction over all other matters in the proceeding.

�� (8) After jurisdiction of the appellate court ends, all orders which may be necessary to carry the appellate judgment into effect shall be made by the court from which the appeal was taken. [Formerly 19.033; 2003 c.576 �86; 2005 c.568 �25c; 2007 c.66 �1; 2013 c.10 �1; 2025 c.256 �3]

�� 19.275 Continuing jurisdiction of trial court in certain domestic relations cases. (1) Any motion that requires a showing of a change of circumstances before the court may modify a judgment, including a motion to reconsider the spousal or child support provisions of a judgment pursuant to ORS 107.135, may be filed with the trial court while an appeal from the judgment is pending before an appellate court. The filing of a motion under this subsection does not affect the right of the appellant to pursue the appeal of the judgment.

�� (2) The trial court in its discretion may proceed to hear and decide a motion under this section or may hold the motion in abeyance pending disposition of the appeal.

�� (3) Pursuant to the provisions of ORS 19.205, the court�s decision on a motion under this section is a supplemental judgment. The appellate court in its discretion may consolidate an appeal from a supplemental judgment under this section with the pending appeal of the general judgment in the case, may direct that both appeals be heard at the same time or may allow the appeals to proceed independently. [1997 c.71 �11; 2003 c.576 �87; 2005 c.568 �26]

UNDERTAKINGS ON APPEAL AND STAYS OF JUDGMENT

(Undertakings)

�� 19.300 Undertakings on appeal generally; filing and service. (1) An appellant must serve and file an undertaking for costs within 14 days after the filing of a notice of appeal. Unless the undertaking is waived, reduced or limited under ORS 19.310, an undertaking for costs must be in the amount of $500.

�� (2) A supersedeas undertaking may be served and filed by an appellant at any time while a case is pending on appeal.

�� (3) The original of an undertaking on appeal, with proof of service, must be filed with the trial court administrator. A copy of the undertaking must be served on each adverse party on appeal in the manner prescribed by ORCP 9 B. [1997 c.71 �2; 1999 c.367 �7]

�� 19.305 Qualifications of sureties; objections. (1) Undertakings on appeal are subject to the provisions of ORS 22.020 to 22.070.

�� (2) A surety for an undertaking on appeal must be qualified as provided in ORCP 82. The amount of liability assumed by a surety or letter of credit issuer must be stated in the undertaking. The liability of a surety or letter of credit issuer is limited to the amount specified in the undertaking.

�� (3) Objections to the sufficiency of an undertaking on appeal, including the objections to the amount of the undertaking and to the sufficiency of the security for the undertaking, must be filed in and determined by the trial court in the manner provided by ORCP 82. Notwithstanding ORCP 82 F, objections to the undertaking must be filed within 14 days after the date on which a copy of the undertaking is served on the party who objects to the undertaking. [1997 c.71 �3]

�� 19.310 Waiver, reduction or limitation of undertaking. (1) By written stipulation of the parties, an undertaking on appeal may be waived, reduced or limited. The stipulation must be filed with the trial court administrator within 14 days after the filing of the notice of appeal. Unless disapproved or modified by the trial court, the stipulation has the effect specified by the terms of the stipulation.

�� (2) The trial court may waive, reduce or limit an undertaking on appeal upon a showing of good cause, including indigence, and on such terms as are just and equitable. [1997 c.71 �4; 1999 c.367 �8]

�� 19.312 Supersedeas undertaking in certain actions against tobacco product manufacturer. (1) The provisions of this section apply only to civil actions against a tobacco product manufacturer as defined in ORS 323.800, or against an affiliate or successor of a tobacco product manufacturer, in which:

�� (a) The tobacco product manufacturer is subject to the requirements of ORS 323.806; and

�� (b) The state is not a plaintiff.

�� (2) In any civil action described in subsection (1) of this section, the supersedeas undertaking required of the tobacco product manufacturer, or of an affiliate or successor of the tobacco product manufacturer, as a condition of a stay of judgment throughout all appeals or discretionary appellate review, shall be established in the manner provided by the laws and court rules of this state applicable to supersedeas undertakings, but the amount of the supersedeas undertaking may not exceed $150 million.

�� (3) If at any time after the posting of the supersedeas undertaking pursuant to the provisions of this section the court determines that a tobacco product manufacturer, affiliate or successor, outside of the ordinary course of its business, is purposely dissipating or diverting assets for the purpose of avoiding payment on final judgment in the action, the court may condition continuance of the stay on an order requiring that the tobacco product manufacturer, affiliate or successor post a supersedeas undertaking in an amount up to the full amount of the judgment.

�� (4) The provisions of this section apply to any supersedeas undertaking required for a judgment entered by a court of this state and to any security required as a condition of staying enforcement of a foreign judgment under the provisions of ORS 24.135 (2). [2003 c.804 �87; 2005 c.22 �9]

(Letter of Credit in Support of Undertaking)

�� 19.315 Requirements for use of letter of credit. (1) Except as provided in subsection (4) of this section, an irrevocable letter of credit filed in support of an undertaking on appeal must contain:

�� (a) The name and address of the issuing bank, the date of issuance and the limit of the bank�s liability under the letter of credit.

�� (b) The name of the court that entered the judgment being appealed and the title and file number of the case for which the judgment was entered.

�� (c) The name and address of the party who is filing the undertaking or, if the party is represented by an attorney, the name and address of the attorney.

�� (d) The name and address of the beneficiary or, if the beneficiary is represented by an attorney, the name and address of the attorney for the beneficiary.

�� (e) A statement that the issuing bank will pay to the beneficiary, up to the limit stated in the letter of credit, the amount of any drafts submitted to the issuing bank under ORS 19.325.

�� (2) An irrevocable letter of credit filed in support of an undertaking on appeal may be issued only by an insured institution, as defined in ORS 706.008, that has an office or other facility in this state or that has a registered agent in this state.

�� (3) A letter of credit under this section may contain an expiration date. Any letter of credit containing an expiration date must comply with ORS 19.320.

�� (4) A party filing a letter of credit in support of an undertaking on appeal and the party for whose benefit an undertaking is filed may by agreement waive any of the requirements of subsection (1) of this section. [1997 c.172 �2; 1999 c.59 �10]

�� 19.320 Expiration and renewal of letter of credit. (1) If a letter of credit issued under ORS 19.315 contains an expiration date, the letter of credit must also state an automatic renewal period and contain a statement that the issuing bank will automatically renew the letter of credit on the expiration date and at the end of each automatic renewal period thereafter unless the bank has elected not to renew the letter in the manner provided by subsection (2) of this section.

�� (2) A bank that issues a letter of credit may elect not to renew a letter of credit by giving written notice to the following persons:

�� (a) To the party that files the letter of credit, at the address stated in the letter of credit, or, if the attorney for the party is named in the letter of credit, to the attorney at the address stated in the letter of credit.

�� (b) To the beneficiary, at the address stated in the letter of credit, or, if the attorney for the beneficiary is named in the letter, to the attorney at the address stated in the letter of credit.

�� (3) Notice of nonrenewal under subsection (2) of this section must be given by certified mail. The notice must be mailed at least 60 days before the expiration date reflected on the letter of credit or 60 days before the end of any subsequent automatic renewal period.

�� (4) If an issuing bank has given notice of nonrenewal under the provisions of this section, the bank must pay to the trial court administrator who is holding the letter of credit the amount stated in the letter of credit as the limit of the bank�s liability unless the beneficiary gives written notice to the bank that the letter of credit has been released. A beneficiary shall promptly notify the issuing bank in writing if the court has entered an order releasing the letter of credit.

�� (5) Any amount paid by an issuing bank to a trial court administrator under subsection (4) of this section shall be treated as a deposit of money under ORS 22.020. Any amount that is not paid out to the beneficiary pursuant to the appellate judgment shall be refunded to the bank making the deposit. [1997 c.172 �3; 1999 c.367 �9]

�� 19.325 Payment on letter of credit. (1) If an appellate judgment entitles a beneficiary to payment from the issuing bank of a letter of credit, the appellate judgment must direct the trial court administrator to release the letter of credit to the beneficiary. Upon issuance of the appellate judgment, the beneficiary may enforce the letter of credit by submitting a draft to the issuing bank in accordance with the terms of the letter of credit. The amount of the draft must include all amounts determined necessary to cover the interest that will accrue until the date that disbursement will be made to the beneficiary.

�� (2) Except as provided in this section, a draft submitted by a beneficiary under this section need not be in any particular form. The draft must be dated, must be for a specific sum of money and must contain the following language:

�� Pay to the order of the undersigned beneficiary the amount of this draft. The undersigned beneficiary hereby certifies that there is now an appellate judgment in this case pursuant to which the amount of the draft stated above is now due and owing to the beneficiary from the party on whose behalf the letter of credit was issued.

�� (3) In addition to the requirements of subsection (2) of this section, the following items must be attached to a draft submitted by a beneficiary under this section:

�� (a) The original letter of credit under which the draft is drawn.

�� (b) A copy of the appellate judgment certified by the State Court Administrator that shows the amount that the beneficiary is entitled to recover under the letter of credit.

�� (4) If the issuing bank of a letter of credit does not honor a letter of credit, on motion of the beneficiary the trial court shall enter judgment against the issuing bank unless the bank establishes that the bank is not required under the law to honor the letter of credit. [1997 c.172 �4; 1999 c.367 �10]

(Stays)

�� 19.330 Stays generally. The filing of a notice of appeal does not automatically stay the judgment that is the subject of the appeal. A party may seek to stay a judgment in the manner provided by ORS 19.335, 19.340 or 19.350, or as provided by other law. [1997 c.71 �5]

�� 19.335 Stay by filing of supersedeas undertaking. (1) If a judgment is for the recovery of money, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will pay the judgment to the extent that the judgment is affirmed on appeal.

�� (2) If a judgment requires the transfer or delivery of possession of real property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will not commit waste or allow waste to be committed on the real property while the appellant possesses the property, and the appellant will pay the value of the use and occupation of the property for the period of possession if the judgment is affirmed. The value of the use and occupation during the period of possession must be stated in the undertaking.

�� (3)(a) If a judgment requires the transfer or delivery of possession of personal property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will obey the judgment of the appellate court, and that if the appellant does not obey the judgment, the appellant will pay an amount determined by the trial court and stated in the undertaking.

�� (b) If a judgment requires the transfer or delivery of possession of personal property, the judgment is stayed without the filing of a supersedeas undertaking if the appellant transfers or delivers the personal property to the court or places the property in the custody of an officer or receiver appointed by the trial court.

�� (4) If a judgment requires the foreclosure of a mortgage, lien or other encumbrance, and also requires payment of the debt secured by the mortgage, lien or other encumbrance, a supersedeas undertaking acts to stay that portion of the judgment that requires payment of the debt if the undertaking provides that the appellant will pay any portion of the judgment remaining unsatisfied after the sale of the property subject to the mortgage, lien or other encumbrance. The amount of the undertaking must be stated in the undertaking. The requirements of this subsection are in addition to any provisions in a supersedeas undertaking that may be required under subsection (2) or (3) of this section to stay delivery or transfer of property.

�� (5) If a judgment requires the execution of a conveyance or other instrument, the judgment is stayed without the filing of a supersedeas undertaking if the appellant executes the instrument and deposits the instrument with the trial court administrator. Unless otherwise directed by the appellate court, the instrument must be held by the trial court administrator until issuance of the appellate judgment terminating the appeal.

�� (6) Except as provided in ORCP 72, a stay of judgment described in this section takes effect only after the party has filed a notice of appeal and filed any supersedeas undertaking required for the stay. [1997 c.71 �6; 1999 c.367 �11; 2007 c.547 �5]

�� 19.340 Waiver of supersedeas undertaking; sale of perishables. (1) The trial court, in its discretion, may stay a judgment without requiring a supersedeas undertaking, or reduce the amount of the supersedeas undertaking required of the appellant, if the appellant is an executor, administrator, trustee or other person acting on behalf of another.

�� (2) If a judgment that has been stayed requires the sale of perishable property, or if perishable property has been seized to satisfy or secure a judgment that has been stayed, the trial court may order that perishable property be sold and the proceeds of the sale deposited or invested until issuance of the appellate judgment terminating the appeal. [1997 c.71 �7]

�� 19.345 Enforcement of judgment in contract action notwithstanding appeal. If the judgment has been given in an action or suit upon a contract, notwithstanding an appeal and supersedeas undertaking, the respondent may proceed to enforce such judgment, if within 10 days from the time the appeal is perfected the respondent files with the trial court administrator an undertaking to the effect that if the judgment is reversed or modified the respondent will make such restitution as the appellate court may direct. Such undertaking may be excepted to by the appellant in like manner and with like effect as the undertaking of an appellant, and the sureties therein shall have the same qualifications. [Formerly 19.060; 1999 c.367 �12; 2003 c.576 �281]

�� 19.350 Discretionary stay by court. (1) A party may seek a stay of judgment pending a decision on appeal in the manner provided by this section only if the judgment may not be stayed under the provisions of ORS 19.335 or 19.340, or under any other provision of law specifying a procedure or grounds for staying the judgment. A stay of judgment may not be granted under this section if any other provision of law specifies that a stay may not be granted pending a decision on appeal.

�� (2) Except as provided in subsection (5) of this section, a party seeking a stay under the provisions of this section must first request a stay from the trial court. The trial court may act on a request for a stay before or after a notice of appeal is filed. The time for filing a notice of appeal is not tolled by the making of a request for a stay under this section or by the trial court�s action on the request.

�� (3) The trial court shall consider the following factors in deciding whether to grant a stay under this section, in addition to such other factors as the trial court considers important:

�� (a) The likelihood of the appellant prevailing on appeal.

�� (b) Whether the appeal is taken in good faith and not for the purpose of delay.

�� (c) Whether there is any support in fact or in law for the appeal.

�� (d) The nature of the harm to the appellant, to other parties, to other persons and to the public that will likely result from the grant or denial of a stay.

�� (4) The trial court has discretion to impose reasonable conditions on the grant of a stay under the provisions of this section. The court may require that a supersedeas undertaking be filed in a specified amount as a condition of granting a stay under the provisions of this section.

�� (5) A party may request a stay pending appeal from the appellate court in the first instance, and the appellate court may act on that request without requiring the party to seek a stay from the trial court, if the party establishes that the filing of a request for a stay with the trial court would be futile or that the trial court is unable or unwilling to act on the request within a reasonable time. In considering a request for a stay under this subsection, the appellate court shall consider the factors set out in subsection (3) of this section in addition to any other factors the court considers important. [1997 c.71 �8]

�� 19.355 Stay of domestic relations judgment. (1) The provisions of this chapter relating to stays on appeal apply to a domestic relations judgment.

�� (2) If an appellant seeks a stay of only specific provisions of a domestic relations judgment, the motion seeking the stay must identify those provisions of the judgment that are to be stayed. If the court allows a stay of only certain provisions of the judgment, the order of the court must specifically indicate those provisions. If a supersedeas undertaking is filed with the court for the purpose of staying specific provisions of the judgment, the undertaking must indicate the specific provisions of the judgment covered by the undertaking. A stay of any specific provision of a domestic relations judgment may be granted only if:

�� (a) The specific provision is subject to stay under the provisions of this chapter; and

�� (b) All requirements of this chapter for a stay of the provision are satisfied.

�� (3) For the purposes of this section, �domestic relations judgment� means a judgment entered in proceedings under ORS chapter 107, 108 or 109. [1997 c.71 �10; 2003 c.576 �282]

(Appellate Review of Trial Court Orders Relating to Undertakings and Stays)

�� 19.360 Appellate review of trial court orders relating to undertakings and stays. (1) Any party aggrieved by the trial court�s final order relating to an undertaking on appeal, the trial court�s grant or denial of a stay or the terms and conditions imposed by the trial court on the granting of a stay may seek review of the trial court�s decision by filing a motion in the appellate court to which the appeal is made. The motion must be filed within 14 days after the entry of the trial court�s order. During the 14-day period after the entry of the trial court�s order, the judgment shall automatically be stayed unless the trial court orders otherwise. The trial court may impose terms or conditions on the stay or take such other action as may be necessary to prevent prejudice to the parties.

�� (2) The appellate court may review the decision of the trial court under the provisions of this section at any time after the filing of the notice of appeal. Notwithstanding ORS 19.415 (3), the appellate court shall review the decision de novo upon the record.

�� (3) On de novo review under subsection (2) of this section, the record shall be restricted to the record made before the trial court unless:

�� (a) There is additional relevant information relating to the period of time following the decision of the trial court that the appellate court determines to be important to review of the decision; or

�� (b) The party submitting new information establishes that there was good cause for not submitting the information to the trial court.

�� (4) On review of a trial court�s decision relating to a request for a stay pending appeal, an appellate court may remand the matter to the trial court for reconsideration, may vacate a stay granted by the trial court, may grant a stay, and may impose or modify terms and conditions on a stay. Upon receipt of a request for a stay pending appeal made to the appellate court in the first instance, the appellate court may remand the matter to the trial court for consideration in the first instance, may grant or deny a stay, and may impose terms and conditions on a stay issued by the appellate court. [1997 c.71 �9; 1999 c.294 �1; 2009 c.231 �4]

RECORD ON APPEAL

�� 19.365 Preparation and transmission of record generally. (1) The record of the case must be prepared and transmitted to the court to which the appeal is made in the manner provided in this chapter.

�� (2) The record on appeal consists of those parts of the trial court file, exhibits and record of oral proceedings in the trial court that are designated under ORS 19.250. The record of oral proceedings is the transcript prepared under ORS 19.370, an agreed narrative statement prepared under ORS 19.380 or the audio record if the appellate court has waived preparation of a transcript under ORS 19.385.

�� (3) The trial court administrator shall make the trial court record available to the State Court Administrator in the manner specified by rules of the appellate court.

�� (4) When it appears to the appellate court that the record on appeal is erroneous or that the record does not contain material that should have been part of the trial court file, and the erroneous or incomplete record substantially affects the merits of the appeal, on motion of a party or on its own motion the appellate court may make such order to correct or supplement the record as may be just.

�� (5) If the record on appeal is not sufficient to allow the appellate court to review an assignment of error, the appellate court may decline to review the assignment of error and may dismiss the appeal if there are no other assignments of error that may be reviewed.

�� (6) Except as provided by rules of the appellate court, the State Court Administrator shall return the trial court file and the exhibits to the trial court administrator upon issuance of the appellate judgment disposing of the appeal. [Formerly

ORS 108.740

108.740�� Short title; construction; severability

GENERAL PROVISIONS

�� 108.010 Removal of spouse�s civil disabilities; spouse�s civil rights same as other spouse�s. (1) All laws that impose or recognize civil disabilities upon a spouse in a marriage that are not imposed upon or recognized as existing with respect to the other spouse are hereby repealed.

�� (2) All civil rights belonging to a spouse in a marriage not conferred upon the other spouse prior to June 14, 1941, or that the other spouse does not have at common law, are hereby conferred upon the other spouse, including, but not limited to, the right of action for loss of consortium of the spouse. [Amended by 2015 c.629 �14]

�� 108.015 Domicile of married person or minor child. (1) Each married person may establish and maintain a domicile in the State of Oregon as if that person were not married.

�� (2) The domicile of a minor shall follow the domicile of the parents of the minor unless the parents establish separate domiciles. If the parents establish separate domiciles, the minor�s domicile shall be that of the parent with whom the minor resides. However, if there has been a legal separation, annulment or dissolution, the minor�s domicile shall be that of the parent to whom custody of the minor has been legally given. [1975 c.434 �1; 1981 c.775 �8]

�� Note: 108.015 was enacted into law by the Legislative Assembly but was not added to and made a part of ORS chapter 108 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 108.020 Nonliability for other spouse�s obligations. Neither spouse in a marriage is liable for the debts or liabilities of the other spouse incurred before marriage. Except as provided in ORS 108.040, a spouse in a marriage is not liable for the separate debts of the other spouse, and the rent or income of property owned by either spouse is not liable for the separate debts of the other spouse. [Amended by 2015 c.629 �15]

�� 108.030 Liability of spouse for civil injuries committed by other spouse. For all civil injuries committed by a spouse in a marriage, damages may be recovered from that spouse only, and the other spouse is not responsible for such civil injuries, except where the spouses would be jointly responsible with each other if the marriage did not exist. [Amended by 2015 c.629 �16]

�� 108.040 Liability of parents for expenses of family and education of children. (1)(a) The expenses of the family and the education of the minor children are chargeable upon the property of both spouses in a marriage who are parents of the minor children, or either of them, and in relation thereto they may be sued jointly or separately.

�� (b) As used in this subsection:

�� (A) �Expenses of the family� includes only expenses incurred for the benefit of a member of the family.

�� (B) �Family� means the spouses in a marriage and the minor children of the spouses.

�� (2) Notwithstanding subsection (1) of this section, after the separation of one spouse from the other spouse, a spouse is not responsible for debts contracted by the other spouse after the separation except for debts incurred for maintenance, support and education of the minor children of the spouses.

�� (3) For the purposes of subsection (2) of this section, spouses shall be considered separated if the spouses are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the spouses are separated in addition to such other factors as may be relevant:

�� (a) Whether the spouses subsequently reconciled.

�� (b) The number of separations and reconciliations of the spouses.

�� (c) The length of time the spouses lived apart.

�� (d) Whether the spouses intend to reconcile.

�� (e) Whether the spouses have filed a petition for separation or dissolution.

�� (4) An action under this section shall be commenced within the period otherwise provided by law. [Amended by 1965 c.530 �1; 1993 c.598 �1; 2005 c.732 �3; 2015 c.629 �17]

�� 108.045 Liability of stepparent for expenses of family and education of children. (1) The expenses of the family and the education of the minor children, including stepchildren, are chargeable upon the property of both spouses in a marriage who are parents or stepparents of the minor children, or either of them. However, with regard to stepchildren, the obligation shall cease upon entry of a judgment of dissolution.

�� (2) As used in this section, �stepchild� means a child under the age of 18, or a child attending school as defined in ORS 107.108 who is in the custody of one biological or adoptive parent who is married to and not legally separated from a person other than the second biological or adoptive parent of such child.

�� (3) Notwithstanding subsection (1) of this section, the legal duty of a parent to provide support for a child, as otherwise required by law, shall not be affected. [Formerly 109.053; 2015 c.629 �18]

�� Note: 108.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 108 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 108.050 Nonliability of spouse�s property for other spouse�s obligations. The property and pecuniary rights of every spouse in a marriage acquired at the time of the marriage or afterwards, including real or personal property acquired by the spouse�s own labor during the marriage, shall not be subject to the debts or contracts of the other spouse. [Amended by 2015 c.629 �19]

�� 108.060 Noninterest of one spouse in property of other spouse. When property is owned by either spouse in a marriage, the other spouse has no interest in that property that can be the subject of contract between the spouses, or that can make the spouses liable for the contracts or liabilities of the other spouse who is not the owner of the property, except as provided in ORS 108.040. [Amended by 2015 c.629 �20]

�� 108.070 [Repealed by 1999 c.182 �1]

�� 108.080 Civil remedies between spouses in respect of separate property. Should either spouse in a marriage obtain possession or control of property belonging to the other spouse either before or after marriage, the owner of the property may maintain an action for possession and control of the property, or for any right growing out of the ownership of the property, in the same manner and to the same extent as if the spouses were unmarried. [Amended by 2015 c.629 �21]

�� 108.090 Conveyances, transfers and liens between spouses; creation and dissolution of estates by entireties; validation of prior dissolutions. (1) A conveyance, transfer or lien executed by either spouse in a marriage to or in favor of the other spouse is valid to the same extent as between other persons.

�� (2) When a spouse conveys to the other spouse an undivided one-half of any real property and retains a like undivided half, and in such conveyance there are used words indicating an intention to create an estate in entirety, the spouses hold the real property described in the conveyance by the entirety.

�� (3) A conveyance from a spouse to the other spouse of the spouse�s interest in an estate held by the spouses by entirety is valid and dissolves the estate by entirety. All deeds heretofore executed by either spouse to the other spouse for the purpose of dissolving the estate by entirety are valid. [Amended by 2015 c.629 �22]

�� 108.100 Spouses as attorney in fact for each other. A spouse in a marriage may designate the other spouse to be the spouse�s attorney in fact to control, sell and convey, mortgage, or bar dower or curtesy for the spouses� mutual benefit, and may revoke the designation to the same extent and in the same manner as other persons. [Amended by 2015 c.629 �23]

�� 108.110 Petition for support of spouse and children; rules. (1) Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both, and, if the married person initiating the action for support is a woman who is pregnant, her unborn child, or both, if her spouse is the natural father of such children, children attending school or unborn child or if her spouse is the adoptive parent of such children or children attending school. The married person initiating the action for support may apply for the order by filing in such county a petition setting forth the facts and circumstances upon which the married person relies for such order. If satisfied that a just cause exists, the court shall direct that the married person�s spouse appear at a time set by the court to show cause why an order of support should not be entered in the matter. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school.

�� (2) As used in this section, �child attending school� has the meaning given that term in ORS

ORS 109.203

109.203 result in a combined relationship index of 99 or greater, notwithstanding the party�s objection, evidence of the tests, together with the testimony of a parent, is a sufficient basis upon which to presume parentage for purposes of establishing temporary support under this section. The court shall, upon motion of any party, enter a temporary order requiring the alleged genetic parent to provide support pending the adjudication of parentage by the court. In determining the amount of support, the court shall use the formula established under ORS 25.275. [Formerly 416.430; 2025 c.99 �39; 2025 c.592 �95]

�� 25.552 Certification of parentage issue to circuit or juvenile court; trial. (1) Except as provided in subsection (2) of this section, when a response denying parentage and requesting a hearing is received pursuant to ORS 25.511 (3), or parentage is a valid issue as determined by the administrator under ORS 25.550, the certification to the circuit court shall be to the court in the judicial district:

�� (a) Where the child resides or is located;

�� (b) If the child does not reside in this state, where the alleged genetic parent resides or is located; or

�� (c) If the parent who gave birth to the child or the child�s alleged genetic parent is deceased, where the estate of the deceased individual is being administered.

�� (2) Notwithstanding subsection (1) of this section, if there is an Oregon juvenile court case regarding the dependent child, the matter may be certified to the county that has jurisdiction of the juvenile court case.

�� (3) The certification must include true copies of the notice and proposed order, the return of service, the denial of parentage and request for hearing and any other relevant papers.

�� (4) The court shall set the matter for trial and notify the parties of the time and place of trial.

�� (5) If parentage is established, the monthly support and the amount of past support to be ordered may be established under ORS 25.513. [Formerly 416.435; 2025 c.99 �40; 2025 c.592 �96]

�� 25.554 Reopening issue of parentage; order. (1) Except as provided in subsection (9) of this section, no later than one year after an order establishing parentage is entered under ORS 25.529 and if genetic testing has not been completed, a party may apply to the administrator to have the issue of parentage reopened and for an order for genetic testing.

�� (2) No later than one year after a voluntary acknowledgment of parentage is filed in this state and if genetic testing has not been completed, a party to the acknowledgment, or the Department of Human Services if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for services under ORS 25.080 and for an order for genetic testing.

�� (3) Upon receipt of a timely application, the administrator shall order:

�� (a) The parent who gave birth to the child and the individual whose parentage is being determined to submit to genetic testing; and

�� (b) The person having physical custody of the child to submit the child to genetic testing.

�� (4) If a party refuses to comply with an order under subsection (3) of this section, the issue of parentage shall, upon the motion of the administrator, be resolved against that party by an order of the court either affirming or setting aside:

�� (a) The order establishing parentage; or

�� (b) The voluntary acknowledgment of parentage.

�� (5) If the results of the genetic testing exclude as the genetic parent of the child the individual whose parentage is to be determined, the administrator may file a motion with the court:

�� (a) For an order setting aside:

�� (A) The order establishing parentage; or

�� (B) The voluntary acknowledgment of parentage; and

�� (b) For a judgment of nonparentage.

�� (6) Support paid before the entry of an order described in subsection (5) of this section may not be returned to the payer.

�� (7) The administrator shall send a court-certified true copy of a judgment of nonparentage to the State Registrar of the Center for Health Statistics. Upon receipt of the judgment, the state registrar shall correct any records maintained by the state registrar that indicate that the individual is the parent of the child.

�� (8) The Oregon Child Support Program shall pay any state registrar fees and any costs for genetic testing ordered under this section, subject to recovery from the party who requested the tests.

�� (9) The administrator may not reopen the issue of parentage and order genetic testing under this section if the voluntary acknowledgment of parentage established parentage as provided in ORS 109.070 (1)(a)(B), the parties to the acknowledgment are married at the time of the application and the application is made by the Department of Human Services, unless both parties to the acknowledgment consent to the application. [Formerly 416.443; 2025 c.99 �74; 2025 c.592 �97]

�� Note: The amendments to 25.554 by section 98, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 25.554. (1) Except as provided in subsection (9) of this section, no later than one year after an order establishing parentage is entered under ORS 25.529 and if genetic testing has not been completed, a party may apply to the administrator to have the issue of parentage reopened and for an order for genetic testing.

�� (2) No later than one year after a voluntary acknowledgment of parentage or denial of parentage is filed in this state and if genetic testing has not been completed, a party to the acknowledgment or denial, or the Department of Human Services if the child named in the acknowledgment or denial is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for services under ORS 25.080 and for an order for genetic testing.

�� (3) Upon receipt of a timely application, the administrator shall order:

�� (a) The parent who gave birth to the child and the individual whose parentage is being determined to submit to genetic testing; and

�� (b) The person having physical custody of the child to submit the child to genetic testing.

�� (a) The order establishing parentage;

�� (b) The voluntary acknowledgment of parentage and, if applicable, denial of parentage; or

�� (c) The denial of parentage and associated voluntary acknowledgment of parentage.

�� (5) If the results of the genetic testing exclude as the genetic parent of the child the individual whose parentage is to be determined, the administrator may file a motion with the court:

�� (a) For an order setting aside:

�� (A) The order establishing parentage;

�� (B) The voluntary acknowledgment of parentage and, if applicable, denial of parentage; or

�� (C) The denial of parentage and associated voluntary acknowledgment of parentage; and

�� (b) For a judgment of nonparentage.

�� (6) Support paid before the entry of an order described in subsection (5) of this section may not be returned to the payer.

�� (9) The administrator may not reopen the issue of parentage and order genetic testing under this section if:

�� (a) The voluntary acknowledgment of parentage form was signed by an intended parent of a child conceived by assisted reproduction or by a presumed parent; or

�� (b) The voluntary acknowledgment of parentage established parentage as provided in ORS 109.070 (1)(a)(B), the parties to the acknowledgment are married at the time of the application and the application is made by the Department of Human Services, unless both parties to the acknowledgment consent to the application.

(Expeditious Court Hearings)

�� 25.556 Expeditious court hearings. The Supreme Court by administrative order shall provide, where necessary, for expeditious hearings on all matters referred to the circuit court pursuant to ORS 25.542 or 25.552. [Formerly 416.460]

�� 25.575 [Formerly 416.480; 2021 c.489 �4; repealed by 2025 c.99 �78]

�� 25.576 [Formerly 416.483; 2021 c.489 �5; repealed by 2025 c.99 �78]

�� 25.577 [Formerly 416.486; 2021 c.489 �6; repealed by 2025 c.99 �78]

INCOME TAX INTERCEPT

�� 25.610 Procedure to collect support orders from state tax refunds; voluntary withholding; rules. (1) Whenever child support services are being provided, the administrator may request the Department of Revenue, through the Department of Justice or its designee, to collect past due child and spousal support from income tax refunds due to the obligor. The request shall be based upon the payment record maintained under ORS 25.020.

�� (2) If support payment records have not been maintained as provided in ORS 25.020, then a support payment record may be established under ORS 25.164, 25.167 and 25.540.

�� (3) The Department of Justice shall adopt rules:

�� (a) Setting out additional criteria for requests under subsection (1) of this section; and

�� (b) Directing how any support obligation collected by the Department of Revenue shall be distributed, consistent with federal regulations.

�� (4) Before a request is made to the Department of Revenue under subsection (1) of this section, the Department of Justice shall provide advance written notice to the obligor, and may send advance written notice to the obligee, of its intent to refer the case to the Department of Revenue. The notice must inform the parties:

�� (a) Of the proposed action;

�� (b) Of the obligor�s right to request an administrative review of the proposed action;

�� (c) That an administrative review, if desired, must be requested by the obligor within 30 days after the date of the notice; and

�� (d) That the only issues that may be considered in the administrative review are:

�� (A) Whether the obligor is the person who owes the support obligation; and

�� (B) Whether the amount shown as the past due support is correct.

�� (5) An administrative review must be requested within 30 days after the date of the notice described in subsection (4) of this section. At the administrative review, an issue may not be considered if it was previously litigated or if the obligor failed to exercise rights to appear and be heard or to appeal a decision that resulted in the accrual of the arrearage being used as a basis for a request under subsection (1) of this section. A party may appeal a decision from the administrative review under ORS 183.484.

�� (6) When the Department of Revenue has been requested to collect past due child and spousal support from income tax refunds due to the obligor, the Department of Revenue may not allow the obligor to apply any income tax refund to future taxes of the obligor.

�� (7) Notwithstanding any other provision of this section, an obligor who is not delinquent in payment of child or spousal support may authorize the Department of Revenue, through the Department of Justice or its designee, to withhold any income tax refund owing to that obligor for the purpose of applying the moneys as a credit to the support account maintained by the Department of Justice. [1985 c.671 ��27,28; 1989 c.519 �6; 1991 c.588 �2; 1993 c.596 �12; 1997 c.170 �12; 1997 c.704 �33; 2001 c.455 �12; 2003 c.73 �35; 2003 c.572 �11; 2005 c.560 �5; 2009 c.210 �1; 2017 c.461 �2; 2025 c.99 �41]

�� 25.620 Procedures to collect past due support from state tax refunds; fees. (1) The Department of Revenue shall establish procedures consistent with ORS 25.610 to collect past due child and spousal support from income tax refunds due to the obligor in the same manner that other delinquent accounts are collected under ORS 293.250.

�� (2) The Department of Revenue shall establish procedures to ensure that when an obligor has filed a joint income tax return, the obligor�s spouse may apply for a share of the refund, if any. The procedures shall provide for notice to the obligee regarding any application by the obligor�s spouse for a share of the refund.

�� (3) No collection shall be made by the Department of Revenue unless the debt is in a liquidated amount.

�� (4) Notwithstanding the provisions of ORS 293.250, the Department of Revenue shall designate a single fee to retain from moneys collected for child support as a reasonable fee to cover only the actual cost.

�� (5) The Department of Revenue shall forward the net proceeds of collections made under subsection (1) of this section to the Department of Justice. Such proceeds shall be applied pursuant to ORS 25.610 (3).

�� (6) Notwithstanding any other law relating to the confidentiality of tax records, the Department of Revenue shall send the Department of Justice the obligor�s home address and Social Security number or numbers on each case submitted for collection pursuant to ORS 25.610. [1985 c.671 �29; 1993 c.596 �13; 1997 c.170 �13; 1997 c.704 �34; 2001 c.455 �27]

�� 25.625 Federal tax offset; passport denial; rules.

(1) The Department of Justice may furnish to the United States Secretary of Health and Human Services certifications appropriate to and required for action by the secretary to offset federal income tax returns and to deny, revoke or limit passports of individuals owing child support arrearages.

�� (2) The department shall adopt rules to carry out the purposes of subsection (1) of this section. [1997 c.746 �13; 2003 c.73 �36]

�� Note: 25.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

DISCLOSURES OF INFORMATION

BY FINANCIAL INSTITUTIONS

�� 25.640 Definitions for ORS 25.643 and 25.646. For purposes of ORS 25.643 and 25.646:

�� (1) �Account� means a demand deposit account, checking or negotiable withdrawal order account, savings account, share draft account, time deposit account, money-market mutual fund account or a claim for insurance benefits or payments of at least $500, not including a claim for property damage, under a liability insurance policy or uninsured motorist insurance policy issued by an insurance company authorized to do business in this state.

�� (2) �Claimant� means an obligor who is asserting a claim of at least $500, not including a claim for property damage, under a liability insurance policy or uninsured motorist policy issued by an insurer that is authorized to do business in this state.

�� (3) �Customer� has the meaning given that term in ORS 192.583.

�� (4) �Financial institution� means:

�� (a) A depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));

�� (b) Any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution-affiliated party of such a credit union, as defined in section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r));

�� (c) Any person licensed under ORS 717.200 to 717.320, 717.900 and 717.905; and

�� (d) Any benefit association, insurance company, safe deposit company, money-market mutual fund or similar entity authorized to do business in this state.

�� (5) �Financial records� means any original written or electronic document or copy of the document, or any information contained in the document, held by or in the custody of a financial institution, when the document, copy or information is identifiable as pertaining to one or more customers or claimants of the financial institution. [1997 c.746 �120; 2017 c.486 �1; 2019 c.291 �10]

�� Note: 25.640 to 25.646 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 25.643 Disclosure of information on obligors by financial institutions; fees; liability; rules. (1) The Department of Justice and financial institutions doing business in this state shall enter into agreements to develop and operate a data match system using automated data exchanges to the maximum extent feasible.

�� (2) Pursuant to the agreements, financial institutions shall provide, for each calendar quarter, the name, address, Social Security number or other taxpayer identification number and other identifying information for each obligor who:

�� (a) Maintains an account at, or has a claim for insurance benefits or payments with, the institution; and

�� (b) Owes past due support, as identified by the administrator by name and Social Security number or other taxpayer identification number.

�� (3) Notwithstanding subsection (2) of this section, a financial institution can satisfy its obligation to conduct a data match and provide information to the administrator under this section as provided in rules adopted by the department.

�� (4) If a financial institution at which an obligor has a claim for insurance benefits or payments has not previously provided the administrator with the information required by this section, the financial institution must provide the administrator with at least three business days� advance written notice before disbursing any payment to the obligor pursuant to the claim.

�� (5) The administrator shall pay a reasonable fee to a financial institution for conducting the data match provided for in this section. The fee may not exceed the actual costs incurred by the financial institution.

�� (6) A financial institution, including an institution-affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)), is not liable under any state law to any person and, except as provided in this section, shall not be in violation of any other law regulating the handling of an account because the financial institution:

�� (a) Discloses information to the administrator under this section;

�� (b) Encumbers or surrenders any assets held by the financial institution in response to a notice of lien or levy issued by the administrator; or

�� (c) Takes any other action in good faith to comply with the requirements of this section.

�� (7) The department may adopt rules to implement and direct the provision of information pursuant to the agreements entered into for automated data exchanges performed by the data match system developed and operated under this section. [1997 c.746 �121; 2003 c.73 �37; 2009 c.80 �3; 2017 c.486 �2]

�� Note: See note under 25.640.

�� 25.646 Disclosure of financial records of customers by financial institutions; liability. (1) Upon request of the administrator and the receipt of the certification required under subsection (2) of this section, a financial institution shall provide financial records of a customer or claimant.

�� (2) In requesting information under subsection (1) of this section, the administrator shall provide the name and Social Security number of the person whose financial records are sought and shall state with reasonable specificity the financial records requested. The administrator shall provide to the financial institution a signed document in a form established by the Department of Justice certifying that:

�� (a) The person whose financial records are sought is a party to a proceeding to establish, modify or enforce the child support obligation of the person; and

�� (b) The administrator has authorization from the person for release of the financial records, has given the person written notice of its request for financial records or will give the notice within five days after the financial institution responds to the request.

�� (3) The administrator shall reimburse a financial institution supplying financial records under this section for actual costs incurred.

�� (4) A financial institution, including an institution-affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)), that supplies financial records to the administrator under this section is not liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure of the financial records.

�� (5) A financial institution that is requested to supply financial records under this section may enter into an agreement with the administrator concerning the method by which requests for financial records and responses from the financial institution shall be made.

�� (6) The administrator shall provide a reasonable time to the financial institution for responding to a request for financial records.

�� (7) The administrator shall seek financial records under this section only:

�� (a) With respect to a person who is a party to a proceeding to establish, modify or enforce the child support obligation of the person; or

�� (b) According to the provisions of ORS 25.083. [1997 c.746 �122; 1999 c.930 �4; 2001 c.455 �13; 2009 c.80 �4; 2017 c.486 �3]

�� Note: See note under 25.640.

CONSUMER REPORTING AGENCIES

�� 25.650 Information on past due support to consumer reporting agencies; rules. (1) As used in this section, �consumer reporting agency� means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

�� (2)(a) Notwithstanding any other law, and subject to rules established by the Department of Justice, for cases in which there is past due support, the department shall:

�� (A) Report periodically to consumer reporting agencies the name of any obligor who is delinquent in the payment of support and the amount owed by the obligor; and

�� (B) Otherwise make available to a consumer reporting agency upon its request information regarding the amount of past due support owed by an obligor.

�� (b) The department shall provide advance notice to the obligor concerning the proposed reporting of information to the consumer reporting agencies. The notice must inform the obligor:

�� (A) Of the amount of the past due support the department will report to the consumer reporting agencies;

�� (B) That the department will continue to report the past due support amount owed without sending additional notice to the obligor;

�� (C) Of the obligor�s right to request an administrative review within 30 days after the date of the notice; and

�� (D) Of the issues that may be considered on review.

�� (c) If an obligor requests an administrative review, the department may not report the past due support amount until the review is complete.

�� (d) A party may appeal a decision from the administrative review under ORS 183.484. An appeal of the decision does not stay the department from making reports to consumer reporting agencies.

�� (3) The administrator may request that a consumer reporting agency provide a consumer report when needed for one or more of the following purposes:

�� (a) To establish or modify a support order.

�� (b) When parentage has been established with respect to an individual, to establish the individual�s capacity to make child support payments or the appropriate amount of child support that may be ordered.

�� (c) To enforce a support order.

�� (4) The department shall report information under subsection (2) of this section only to a person that has furnished evidence satisfactory to the department that the person is a consumer reporting agency.

�� (5) When the department has made a report to a consumer reporting agency under subsection (2) of this section, the department shall promptly notify the consumer reporting agency when the department�s records show that the obligor no longer owes past due support. [1985 c.671 ��45,46; 1993 c.596 �14; 1997 c.704 �35; 1999 c.80 �66; 2003 c.73 �38; 2005 c.560 �6; 2017 c.460 �1; 2017 c.461 �3]

LIENS ON PERSONAL PROPERTY

�� 25.670 Judgment lien on personal property. (1) Whenever there is a judgment for unpaid child or spousal support, a lien arises by operation of law on any personal property owned by the obligor, and the lien continues until the liability for the unpaid support is satisfied or the judgment or renewal thereof has expired. For purposes of this section and ORS 25.680 and 25.690, liability for the unpaid support includes the amount of unpaid support, with interest, and any costs that may be associated with lawful execution on the lien including, but not limited to, attorney fees, costs of notice and sale, storage and handling.

�� (2)(a) A lien arising under subsection (1) of this section may be recorded by filing a written notice of claim of lien with the county clerk of the county in which the obligor resides or the property is located. The notice of claim of lien required under this subsection shall be a written statement and must include:

�� (A) A statement of the total amount due, as of the date of the filing of the notice of claim of lien;

�� (B) The name and address of the obligor and obligee;

�� (C) The name and address of the office of the district attorney, Division of Child Support or other person or entity filing the notice;

�� (D) A statement identifying the county where the underlying support order was entered and its case number;

�� (E) A description of the personal property to be charged with the lien sufficient for identification; and

�� (F) A statement of the date the lien expires under the laws of the issuing state. If no expiration date is provided, the lien expires in Oregon five years from the date of recording.

�� (b) The county clerk shall record the notice of claim of lien filed under paragraph (a) of this subsection in the County Clerk Lien Record.

�� (3) When a notice of claim of lien is recorded pursuant to subsection (2) of this section, the person or entity filing the notice of claim of lien shall send forthwith a copy of the notice to the owner of the personal property to be charged with the lien by registered or certified mail, or by any other mail service with delivery confirmation, sent to the owner�s last-known address.

�� (4) Liens described in subsection (1) of this section that arise by operation of law in another state must be accorded full faith and credit if the state agency, party or other entity seeking to enforce the lien follows the applicable procedures for recording and service of notice of claim of lien set forth in this section. A state agency, party or other entity may not file an action to enforce a lien described in this section until the underlying judgment has been filed in Oregon as provided in ORS chapter 110. [1985 c.671 �47; 1993 c.223 �3; 1993 c.596 �15; 1999 c.80 �34; 2003 c.576 �577; 2011 c.318 �12; 2017 c.461 �4]

�� 25.680 Effect of lien; priority. (1) Whenever a notice of claim of lien has been recorded under ORS 25.670 (2), the owner of the personal property may not release, sell, transfer, pay over, encumber or convey the personal property that is the subject of the lien until the Department of Justice or person to whom the support is or was owed or, if services are being provided under ORS 25.080, the enforcing agency of this or any other state releases the lien, the lien has been satisfied or a court has ordered release of the lien on the basis that no debt exists or that the debt has been satisfied. The limitations of this subsection do not apply to transfers or conveyances of the property by the owner to the holder of a security interest that was in existence at the time the notice of claim of lien was filed.

�� (2) The rights of bona fide purchasers for value or persons with a security interest in the personal property are not affected by the creation or the existence of the lien.

�� (3) Liens filed under ORS 25.670 do not have priority over previously perfected security interests. [1985 c.671 �48; 1999 c.80 �35; 2003 c.73 �39]

�� 25.690 Foreclosure of lien. A lien arising pursuant to ORS 25.670 may be foreclosed in the manner set out in ORS 87.262 or ORS chapter 18 or in any other manner permitted under law. [1985 c.671 �49; 1999 c.80 �36; 2003 c.576 �577a]

�� 25.700 [1993 c.763 ��2,4; repealed by 2003 c.576 �580]

�� 25.710 [1985 c.671 �51a; 2003 c.73 �40; 2003 c.572 �12; 2003 c.576 �301; repealed by 2025 c.99 �78]

MISCELLANEOUS

�� 25.715 Child support paid from security deposit. (1) The court may order that the portion of a security deposit made under ORS

ORS 110.503

110.503, is a party to the proceeding. [Amended by 1963 c.497 �1; 1973 c.827 �12d; 1975 c.140 �1; 1975 c.458 �13; 1979 c.90 �1; 1981 c.669 �2; 1993 c.596 �18; 1995 c.343 �23; 1997 c.704 �54; 2001 c.334 �7; 2003 c.73 �53a; 2003 c.116 �7; 2005 c.560 �16; 2015 c.298 �92; 2015 c.629 �24; 2021 c.597 �61]

�� 108.120 Support judgment or order. (1) After the hearing of the petition for an order of support the court shall make an order granting or denying it and fixing, if allowed, the terms and amount of the support.

�� (2) The court has the same power to compel the attendance of witnesses or the production of testimony as in actions and suits, to make such judgment or orders as are equitable in view of the circumstances of both parties and to punish violations thereof as other contempts are punished.

�� (3) The judgment or order is final as to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the judgment or order. The court may not set aside, alter or modify any portion of the judgment or order that provides for any payment of money, either for minor children or for the support of a party, that has accrued before the motion is served. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child. [Amended by 1989 c.812 �6; 1997 c.707 �21; 2003 c.419 �2; 2003 c.576 �133a]

�� 108.130 [Amended by 1965 c.619 �34; 1971 c.621 �23; 1975 c.607 �23; 1981 s.s. c.3 �89; 1983 c.673 �25; 2003 c.737 ��53,54; 2005 c.702 ��61,62,63; 2007 c.129 �22; 2007 c.493 �16; repealed by 2011 c.595 �10]

�� 108.140 [Repealed by 1987 c.715 �10]

COMMUNITY PROPERTY MATTERS

�� 108.510 Revocation of election to come under terms of Community Property Law of 1943; fee. (1) Notwithstanding any repeal of chapter 440, Oregon Laws 1943, known as the Oregon Community Property Law of 1943, spouses in a marriage who elected to come under the terms of that law may revoke the election upon filing in the office of the Secretary of State a notice of the spouses� desire to revoke the election in the following form:

REVOCATION OF ELECTION

TO COME UNDER THE

OREGON COMMUNITY

PROPERTY LAW, CHAPTER 440,

OREGON LAWS 1943

�� KNOW ALL PERSONS BY THESE PRESENTS, That we, _ and , hereby state and represent that we are spouses in a marriage; that we reside in County, Oregon, and our post-office address is No. _ Street, City of ; that we do hereby revoke our election filed in the office of the Secretary of State of the State of Oregon on the day of _, 2___, to avail ourselves of the provisions of chapter 440, Oregon Laws 1943, being the Oregon Community Property Law.

�� IN WITNESS WHEREOF we have hereunto set our hands and seals this _ day of , 2__.

STATE OF OREGON,�� )

�� )�� ss.

County of _____�� )

�� BE IT REMEMBERED that on this _ day of , 2__, before me, the undersigned, a notary public in and for said county and state, personally appeared the within named _ and ___, spouses in a marriage, who are known to me to be the identical persons described in and who executed the within instrument, and acknowledged to me that they executed the same.

Notary Public for Oregon

My commission expires: ___

Acknowledgments may be taken by any other officer authorized to take acknowledgments.

�� (2) Such an instrument, together with a fee of $15, shall be presented to the Secretary of State, who thereupon shall file the instrument, properly index it in a book kept for that purpose and transmit to the recording officer of each county in the state the certificate of the Secretary of State, setting forth the nature of such instrument, the names of the parties thereto, the date thereof, and the date of the filing thereof in the office of the Secretary of State. Upon receipt of such certificate, the recording officer shall file it and properly index it in a book kept for that purpose.

�� (3) Public notice of such revocation exists upon compliance with subsection (2) of this section.

�� (4) The filing of such revocation operates to restore the title to any community property of persons making the revocation to the status of the property which existed on the date on which such persons filed a certificate of election under the terms of the Oregon Community Property Law of 1943. Such revocation in nowise limits the right of such persons to execute and record such conveyances, assignments and transfers of property, or title thereto, as may operate to effect and make a matter of record the restoration of titles to the status they occupied prior to the filing of the certificate of election. [Amended by 2015 c.629 �25]

�� 108.515 Disposition of fees. (1) All moneys received by the Secretary of State under ORS 108.510 shall be paid into the State Treasury to the credit of the General Fund.

�� (2) Any funds remaining in the Community Property Revocations Account are hereby transferred to the credit of the General Fund. [Amended by 1959 c.85 �1]

�� 108.520 Effect of Act repealing Community Property Law of 1947. The provisions of ORS 108.530 to

ORS 112.570

112.570 to 112.590 and ORS 93.981, 93.983 and 93.985, when a transferor dies, the following rules apply to property that is subject to a transfer on death deed and owned by the transferor at death:

�� (a) A designated beneficiary�s interest in the property:

�� (A) Is transferred to the designated beneficiary in accordance with the deed if the designated beneficiary survives the transferor; or

�� (B) Lapses if the designated beneficiary does not survive the transferor.

�� (b) If the transferor has identified multiple designated beneficiaries to receive concurrent interests in the property:

�� (A) Concurrent interests are transferred to the designated beneficiaries in equal and undivided shares with no right of survivorship; and

�� (B) The share of a designated beneficiary that lapses or fails for any reason is transferred to the remaining designated beneficiaries in proportion to the interest of each designated beneficiary in the remaining part of the property held concurrently.

�� (2) A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens and other interests to which the property is subject at the transferor�s death, including a claim or lien by a state authorized to seek reimbursement for public assistance or medical assistance, as defined in ORS 414.025, if assets of the transferor�s probate estate are insufficient to pay the amount of the claim or lien.

�� (3) If a transferor is a joint owner and is:

�� (a) Survived by one or more joint owners, the property subject to a transfer on death deed belongs to the surviving joint owners with a right of survivorship.

�� (b) The last surviving joint owner, the transfer on death deed is effective.

�� (4) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. [2011 c.212 �13; 2013 c.688 �10]

�� Note: See note under 93.948.

�� 93.971 URPTDA 14. Disclaimer. A beneficiary may disclaim all or part of the beneficiary�s interest as provided by ORS 105.623 to 105.649. [2011 c.212 �14]

�� Note: See note under 93.948.

�� 93.973 URPTDA 15. Liability for creditor claims and statutory allowances. (1) A transferor�s estate may enforce a liability against property transferred at the death of the transferor by a transfer on death deed to the extent that the probate estate of the transferor is insufficient to satisfy:

�� (a) A claim allowed or established by summary determination or separate action under ORS

ORS 114.505

114.505 to 114.560 is personally answerable and accountable:

�� (a) To the extent of the value of the property received, to creditors of the estate to the extent such creditors are entitled to payment under subsection (1) of this section; and

�� (b) To any personal representative of the estate of the decedent appointed after the payment, delivery or transfer is made.

�� (5) A financial institution as defined in ORS 706.008 that opens one or more deposit accounts for an affiant pursuant to subsection (1)(e) of this section is not liable to any other person for opening the account or accounts or for permitting the affiant to withdraw funds from the account or accounts by means of checks, drafts, negotiable orders of withdrawal or otherwise. The financial institution is not required to ensure that the funds of the decedent that are paid out by the affiant are properly applied. [1973 c.710 �7; 1979 c.340 �4; 1985 c.300 �5; 1989 c.148 �6; 1989 c.228 �5; 1991 c.191 �4; 2003 c.655 �61; 2015 c.146 �1; 2019 c.165 �13; 2021 c.97 �14; 2023 c.17 �15]

�� 114.547 Sales and transfers to third parties. (1) Before the completion of the two-year period established in ORS 114.550, and in exchange for adequate consideration:

�� (a) The affiant may transfer or sell any real property if each heir or devisee who would succeed to the interest conveyed joins in the conveyance.

�� (b) The affiant may transfer or sell any personal property that is specifically devised to an individual devisee with the consent of the individual devisee.

�� (c) The affiant may transfer or sell any personal property that is not specifically devised to an individual devisee without the consent of any other person.

�� (2) Notwithstanding subsection (1) of this section, the affiant need not obtain participation or consent of any person if a transfer is required for purposes of abatement under ORS 116.133.

�� (3) The proceeds of a sale under this section, net of the reasonable expenses of sale and any debt secured as of the date of the decedent�s death by a duly perfected lien on the property, become a part of the estate.

�� (4) If the affiant transfers or sells any vehicle that is part of the estate under this section, the affiant shall comply with the requirements established by the Department of Transportation for such purposes under ORS 803.094.

�� (5) If the affiant transfers or sells a manufactured structure as defined in ORS 446.561 under this section, the affiant shall assign the interest in the structure as provided in ORS 446.616.

�� (6) Any transfer or conveyance under this section to a purchaser in good faith and for a valuable consideration transfers or conveys the interest stated in the transfer or conveyance free of any interest of the claiming successors, and the purchaser has no duty with respect to application of the consideration paid for the transfer or conveyance. [2019 c.165 �15]

�� 114.549 Liability of affiant. An affiant may be liable for and is chargeable in the accounts of the affiant with:

�� (1) All of the estate of the decedent that comes into the possession of the affiant at any time, including income from the estate.

�� (2) All property not a part of the estate if:

�� (a) The affiant has commingled the property with the assets of the estate; or

�� (b) The property was received under a duty imposed on the affiant by law in the capacity of affiant.

�� (3) Any loss to the estate arising from:

�� (a) Neglect or unreasonable delay in collecting the assets of the estate.

�� (b) Neglect in paying over money or delivering property of the estate.

�� (c) Failure to pay taxes as required by law or to close the estate within a reasonable time.

�� (d) Embezzlement or commingling of the assets of the estate with other property.

�� (e) Unauthorized self-dealing.

�� (f) Any other negligent or willful act or nonfeasance in the administration of the estate by which loss to the estate arises. [2019 c.165 �16]

�� 114.550 Summary review of administration of estate; hearing; order; removal of affiant; surcharge. (1)(a) The affiant or any claiming successor of the estate who has not been paid the full amount owed the claiming successor may, within two years after the filing of a simple estate affidavit, file with the probate court a petition for summary review of administration of the estate.

�� (b) Notwithstanding paragraph (a) of this subsection, a person may file a petition for summary review under this section for the purpose of compelling the affiant to distribute property of the estate within 60 days after the completion of the two-year period described in paragraph (a) of this subsection.

�� (c) A creditor may not file a petition under this section if the creditor received a copy of a simple estate affidavit delivered or mailed to the creditor within 30 days after the date the affidavit was filed, the creditor was shown as a disputed creditor in the affidavit and the creditor has not filed a petition for summary determination under ORS 114.542.

�� (d) A creditor may not file a petition under this section if the creditor presented a claim to the affiant, the claim was disallowed and the creditor did not file a petition for summary determination under ORS 114.542.

�� (2) Within 30 days after the filing of a petition under subsection (1) of this section by a person other than the affiant, the affiant shall file with the court an answer to the petition for summary review.

�� (3) The court shall hear the matter without a jury, after notice to the claiming successor and the affiant, and any interested person may be heard in the proceeding.

�� (4) Upon the hearing:

�� (a) The court shall review administration of the estate in a summary manner and may order the affiant to sell property of the estate and pay creditors, to pay creditors of the estate from property of the estate or of the affiant, or to distribute property of the estate to the claiming successors, or may order any person who has received property of the estate to pay amounts owed to claiming successors of the estate in whole or in part.

�� (b) If the court allows a claim of a creditor in whole or in part, the court shall order the affiant, to the extent of property of the estate allocable to the payment of the claim pursuant to ORS 115.125, and any claiming successor to whom property of the estate has been delivered or transferred under ORS 114.505 to 114.560, to the extent of the value of the property received, to pay to the creditor the amount allowed.

�� (c) The court may remove the affiant if the affiant failed to comply with ORS 114.505 to 114.560, surcharge the affiant for any loss caused by failure to comply with ORS 114.505 to 114.560 and authorize the substitution of a new affiant. [1989 c.228 �8; 2003 c.196 �3; 2019 c.165 �17; 2023 c.17 �16]

�� 114.552 Filing fees. (1) A person filing a petition for summary determination under ORS 114.542 or a petition for summary review of administration of estate under ORS 114.550, or any other appearance in a proceeding under ORS 114.505 to 114.560, must pay the filing fee established under ORS 21.135.

�� (2) If at any time after the filing of a simple estate affidavit a petition for appointment of a personal representative is filed for the same estate, the person filing the petition must pay the fees established under ORS 21.170. [2011 c.595 �25; 2019 c.165 �18; 2023 c.17 �17]

�� 114.555 Transfer of interest of decedent in property described in affidavit. (1)(a) If a petition to appoint a personal representative is not filed within four months after the filing of a simple estate affidavit, then after the completion of the four-month period described in ORS 114.540, after all unsecured creditors of the estate have been paid to the extent of the property of the estate and before the completion of the two-year period established in ORS 114.550, the affiant shall transfer the interest of the decedent in remaining property or proceeds of property described in the affidavit to the person or persons shown by the affidavit to be entitled to the property, and any other claims against the property are barred, except:

�� (A) As otherwise provided in this section and ORS 114.540, 114.542, 114.545 and 114.550; and

�� (B) For the purposes of a surviving spouse�s claim for an elective share in the manner provided by ORS 114.600 to 114.725.

�� (b) Notwithstanding paragraph (a) of this subsection, if a petition for summary review has been filed under ORS 114.550, the affiant may not transfer the interest of the decedent in the property described in the affidavit until after all claims allowed in the summary review proceeding are paid to the extent of the property of the estate.

�� (2) Property conveyed by an affiant under this section is subject to liens and encumbrances against the decedent or the estate of the decedent. Property conveyed by an affiant under this section is subject to the rights of creditors of the decedent or the estate of the decedent until the expiration of the two-year period established in ORS 114.550.

�� (3) When the affiant transfers an interest in real property under this section, the affiant shall cause to be recorded in the deed records of the county in which the real property is situated a bargain and sale deed conveying the property to the person entitled to the property, executed in the manner required by ORS chapter 93.

�� (4) When the affiant transfers an interest in a manufactured structure as defined in ORS

ORS 114.515

114.515 (6), claims against the estate may be presented within four months after the filing of the amended affidavit.

�� (b) Except as provided in ORS 114.550 or 130.350, a claim presented after the limitations described in paragraph (a) of this subsection is barred.

�� (c) Filing a claim with the court does not constitute presentation to the affiant.

�� (d)(A) Except as provided in subparagraph (B) of this paragraph, a claim is presented to the affiant when the claim is mailed or personally delivered to the affiant at the mailing address for presentment of claims included in the simple estate affidavit under ORS 114.525.

�� (B) If the affiant authorized creditors to present claims by electronic mail or facsimile communication in the simple estate affidavit as provided in ORS 114.525, a claim is presented to the affiant when it is sent to the electronic mail address or the facsimile number designated by the affiant for presentment of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the affiant denies receiving the electronic mail or facsimile communication, the burden of proof is on the creditor to demonstrate that the electronic mail was properly addressed and sent or that the facsimile communication was properly addressed and successfully delivered or transmitted.

�� (e) Each claim presented to the affiant must include the information required by ORS 115.025.

�� (2)(a) A claim presented to the affiant that was not listed in the simple estate affidavit shall be considered allowed as presented unless within 60 days after the date of presentment of the claim the affiant mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and any attorney for the claimant. A notice of disallowance of a claim must state the reason for the disallowance and inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless:

�� (A) The claimant files a petition for summary determination as provided in ORS 114.542; or

�� (B) A petition for appointment of a personal representative of the estate is filed within the time allowed under ORS 114.555.

�� (b) Statement of a reason for disallowance under this subsection is not an admission by the affiant and does not preclude the assertion of other defenses to the claim. [1989 c.228 �7; 2003 c.523 �3; 2005 c.122 �4; 2019 c.165 �10; 2023 c.17 �5]

�� 114.542 Summary determination. (1)(a) A creditor of an estate whose claim has been presented within the time permitted by ORS 114.540 (1) and disallowed by the affiant in whole or in part may within 30 days after the date of mailing or delivery of the notice of disallowance file with the probate court a petition for summary determination of the claim by the court.

�� (b) A creditor of the decedent whose claim is listed in the simple estate affidavit as disputed may within four months after the filing of the affidavit or amended affidavit listing the disputed claim file with the probate court a petition for summary determination of the creditor�s claim by the court.

�� (2) The court shall hear a petition for summary determination filed under this section without a jury, after notice to the creditor and affiant, and any interested person may be heard in the proceeding.

�� (3) The claim may be proved as provided in ORS 115.195.

�� (4) Upon a hearing under this section the court shall determine the claim in a summary manner and shall make an order allowing or disallowing the claim in whole or in part.

�� (5) An order of the court made upon summary determination under this section may not be appealed and may be enforced only by the filing of a petition for summary review under ORS 114.550. [2019 c.165 �12; 2023 c.17 �14]

�� 114.545 Affiant as fiduciary; duties, functions and powers of affiant; limitation of liability of financial institution. (1) The affiant:

�� (a) Is a fiduciary who is under a general duty to administer, preserve, settle and distribute the estate in accordance with the terms of the will, the law of intestate succession and ORS 114.505 to 114.560 as expeditiously and with as little sacrifice of value as is reasonable under the circumstances.

�� (b) May not commingle property of the estate of which the affiant has taken possession with property of the affiant or any other person.

�� (c) Shall take control of the property of the estate coming into the possession of the affiant and collect the income from property of the estate in the possession of the affiant.

�� (d) Within 30 days after filing the simple estate affidavit, shall mail or deliver each instrument that the affidavit states will be mailed or delivered.

�� (e) May open one or more deposit accounts in a financial institution as defined in ORS 706.008 with funds of the decedent, upon which the affiant may withdraw funds by means of checks, drafts or negotiable orders of withdrawal or otherwise for the payment of claims and expenses described in paragraph (f) of this subsection.

�� (f) From and to the extent of the property of the estate, shall pay or reimburse any person who has paid:

�� (A) Expenses described in ORS 115.125 (1)(b) and (c) and listed in the simple estate affidavit;

�� (B) Claims listed in the simple estate affidavit as undisputed;

�� (C) Allowed claims presented to the affiant within the time permitted by ORS 114.540; and

�� (D) Claims that the probate court allowed upon summary determination under ORS 114.542.

�� (g) Shall pay claims and expenses under paragraph (f) of this subsection in the order of priority prescribed by ORS 115.125.

�� (h) May transfer and sell property that is part of the estate as provided in ORS 114.547.

�� (i) Shall retain records of the administration of the estate at least until the later of:

�� (A) The expiration of the two-year period established in ORS 114.550; or

�� (B) The conclusion of any summary review proceeding under ORS 114.550.

�� (2) Notwithstanding any other provision of this section or ORS 114.547, when an heir or devisee entitled to succeed to a conveyance fails or refuses to join in the conveyance as required by ORS 114.547, an affiant approved under 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 118.010

118.010 shall take effect at and accrue upon the death of the decedent. A return shall be filed and the tax shall be paid to the Department of Revenue no later than 12 months following the date of death of the decedent. If the department determines, pursuant to an amended return or refund claim, that the amount of tax imposed by ORS 118.010 is less than the amount theretofore paid, the excess tax shall be refunded by the department with interest at the rate established by ORS 305.220 for a period beginning 45 days after the due date of the return or on the date the amended return or refund claim is filed, whichever is later, and ending at the time the refund is made.

�� (2) If the amount of federal estate tax reported on a federal estate tax return is changed or corrected by the Internal Revenue Service or other competent authority, resulting in a change in the Oregon taxable estate, the executor shall report the change or correction in federal estate tax to the department. If the federal change or correction results in a reduction of the Oregon taxable estate, the report of the change or correction shall be treated by the department as a claim for refund pursuant to ORS 305.270 and, notwithstanding the limitations of ORS 305.270, shall be deemed timely if filed with the department within two years after the federal correction was made. If the change or correction results in an increase in the Oregon taxable estate, the department may issue a notice of deficiency within two years after the federal change or correction was made or within two years after receiving a report of the federal change or correction, whichever is the later. Any executor filing an amended federal estate tax return shall also file an amended return with the department within 90 days thereafter.

�� (3)(a) In the case of an estate that contains property that is valued under section 2032A of the Internal Revenue Code for federal estate tax purposes (relating to the valuation of certain farm or other property) and that ceases to qualify for valuation under section 2032A, an additional tax under ORS 118.005 to 118.540 shall be imposed in the amount attributable to the change in the value of the estate resulting from the imposition of additional federal estate tax under section 2032A.

�� (b) The department shall be notified of the disqualification of the property from valuation under section 2032A in the same time and manner as the federal Internal Revenue Service is notified of the disqualification.

�� (c) The period for assessment of the tax imposed under this subsection, including any penalty or interest, shall be two years from the date on which the department receives the notice described in paragraph (b) of this subsection.

�� (d) The other provisions of ORS 118.005 to 118.540 and ORS chapter 305 shall apply to the additional tax imposed under this subsection in the same manner in which those provisions apply to the tax imposed under ORS 118.010.

�� (4) For purposes of this section, a change or correction of a federal estate tax return is deemed to be made on the date of the federal audit report.

�� (5) The executor shall, upon request of the department, supply a copy of the federal estate tax return which the executor has filed or may file with the federal government, or a copy of any federal agent�s report upon any audit or adjustment of the federal estate tax return.

�� (6) The executor shall explain, on the return, how the reported values were determined and attach copies of any appraisals. [Amended by 1959 c.418 �5; 1971 c.732 �1; 1973 c.703 �3; 1975 c.685 �6; 1977 c.666 �9; 1979 c.582 �1; 1987 c.646 �4; 1989 c.626 �1; 1997 c.99 �8; 2011 c.526 �6; 2017 c.278 �1; 2021 c.372 �1]

�� 118.110 [Amended by 1953 c.704 �1; 1961 c.455 �4; 1973 c.268 �1; 1975 c.685 �5; 1977 c.666 �10; 1979 c.582 �2; repealed by 1997 c.99 �24]

�� 118.120 Qualified family-owned business interests; additional tax. (1) In the case of an estate that contains a qualified family-owned business interest, an additional tax shall be imposed under ORS 118.005 to 118.540 if:

�� (a) The value of the interest was originally taken as a deduction under section 2057(a) of the Internal Revenue Code in computing the value of the taxable estate for federal estate tax purposes; and

�� (b) An additional federal estate tax is imposed with respect to the qualified family-owned business interest for the reasons stated in section 2057(f) of the Internal Revenue Code.

�� (2)(a) The additional tax imposed under this section shall equal the amount of any allowable increase in the state death tax credit under section 2011 of the Internal Revenue Code if the applicable percentage of the family-owned business interest that is being disqualified under section 2057(f) of the Internal Revenue Code were added to the taxable estate for federal estate tax purposes.

�� (b) The applicable percentage to be used in calculating the additional tax under this subsection shall equal the applicable percentage used in calculating the additional federal estate tax under section 2057(f)(2)(B) of the Internal Revenue Code.

�� (3) The Department of Revenue must be notified of the qualified family-owned business interest being made subject to additional federal estate tax under section 2057(f) of the Internal Revenue Code at the same time and in the same manner as the Internal Revenue Service is notified of the additional federal tax.

�� (4) The period for assessment of the additional tax imposed under this section, including any penalty or interest, shall be two years from the date on which the department receives the notice described in subsection (3) of this section.

�� (5) The other provisions of ORS 118.005 to 118.540 and ORS chapter 305 shall apply to the additional tax imposed under this section in the same manner in which those provisions apply to the tax imposed under ORS 118.010. [1999 c.90 �27]

�� 118.140 Credit based upon value of natural resource property; rules. (1) As used in this section:

�� (a) �Adjusted gross estate� means the value of the gross estate reduced by the sum of the amounts allowable under sections 2053 and 2054 of the Internal Revenue Code.

�� (b) �Family member� means a member of the family, as defined in section 2032A of the Internal Revenue Code, of the decedent.

�� (c) �Farm business� means a business operated for the primary purpose of obtaining a profit in money by:

�� (A) Raising, harvesting or selling fruit or crops;

�� (B) Feeding, breeding, managing or selling livestock, poultry, fur-bearing animals or bees, or the produce thereof;

�� (C) Dairying and selling dairy products;

�� (D) Breeding, stabling or training equines;

�� (E) Propagating, cultivating, maintaining or harvesting aquatic species, birds or animal species to the extent allowed by the rules adopted by the State Fish and Wildlife Commission;

�� (F) Raising nursery stock;

�� (G) Practicing animal husbandry; or

�� (H) Raising other agricultural or horticultural products.

�� (d) �Farm use� has the meaning given that term in ORS 308A.056.

�� (e) �Fishing business� has the meaning given that term in section 1301(b)(4) of the Internal Revenue Code.

�� (f) �Forestland� has the meaning given that term in ORS 321.201.

�� (g) �Forestry business� means a business operated for the primary purpose of obtaining a profit in money by the planting, cultivating, caring for, preparing, harvesting or cutting of timber or trees for market.

�� (h) �Homesite� has the meaning given that term in ORS 308A.250.

�� (i) �Natural resource property� means the following property in this state, if on the date of the decedent�s death the property is owned by the decedent and used in the operation of a farm business, forestry business or fishing business owned by the decedent:

�� (A) Real property used as forestland or as forestland homesites, not to exceed 5,000 acres, or that is in farm use.

�� (B) Timber or trees.

�� (C) Crops, fruit or other horticultural products, both growing and stored.

�� (D) Forestry business or farm business equipment.

�� (E) Livestock, poultry, fur-bearing animals, bees, dairying animals, equines, aquatic species, birds or other animal species, including stored products or by-products.

�� (F) Nursery stock as defined in ORS 571.005.

�� (G) Boats, gear, equipment, vessel licenses or permits, commercial fishing licenses or permits and other real or personal property used in the operation of a fishing business.

�� (H) Real or personal property used to process and sell the catch of a fishing business in fresh, canned or smoked form directly to consumers, including a restaurant with seating capacity of fewer than 15 seats at which catch from the fishing business is prepared and sold.

�� (I) An operating allowance.

�� (J) Any other tangible and intangible personal property used in the operation of a farm business, forestry business or fishing business.

�� (j) �Operating allowance� means cash or a cash equivalent that is spent, maintained, used or available for the operation of a farm business, forestry business or fishing business and not spent or used for any other purpose.

�� (k) �Qualified beneficiary� has the meaning given that term in ORS 130.010.

�� (L) �Real property� means real property, as defined in ORS 307.010, that is in this state.

�� (2)(a) An estate shall be allowed a credit for the value of natural resource property claimed. Any operating allowance claimed under this section may not exceed the lesser of $1 million or 15 percent of the total value of natural resource property claimed, not including the operating allowance.

�� (b) The credit allowed under this section shall be computed by multiplying the tax that would be payable under this chapter absent the credit by a ratio, the numerator of which is an amount equal to the lesser of the amount of natural resource property claimed under this section or $7.5 million, and the denominator of which is an amount equal to the total adjusted gross estate.

�� (c) An executor may:

�� (A) Elect not to claim the credit allowed under this section;

�� (B) Elect to claim less than the full amount of the credit allowed under this section; or

�� (C) Elect to claim the credit only for the value of certain assets.

�� (3) Except as provided in subsections (4), (7) and (8) of this section, a credit is allowed under this section only if:

�� (a) The total adjusted gross estate does not exceed $15 million;

�� (b) The total value of natural resource property in the estate is at least 50 percent of the total adjusted gross estate that is in this state;

�� (c) The natural resource property is transferred to a family member; and

�� (d) During an aggregate period of five out of the eight years ending on the date of the decedent�s death, the decedent or a family member operated a farm business, forestry business or fishing business and the property for which a credit is claimed under this section is part of the business.

�� (4) Property that otherwise meets the requirements of this section shall be allowed a credit under this section if:

�� (a) The property is the subject of a net cash lease to or from the decedent or a qualified beneficiary who is a family member;

�� (b) The property is held in trust for a qualified beneficiary who is a family member; or

�� (c) The property replaces natural resource property, and the replacement property would otherwise meet the definition of natural resource property except that it was acquired after the date of the decedent�s death but before the estate tax return is filed. In order to qualify under this paragraph, real property must be replaced with real property.

�� (5) A credit is allowed under this section for the following real property only if the real property was owned by the decedent or a family member during an aggregate period of five out of the eight years ending on the date of the decedent�s death and used in a business described in subsection (3)(d) of this section:

�� (a) Real property used as forestland or as forestland homesites, not to exceed 5,000 acres.

�� (b) Real property used in farm use.

�� (6) A credit is allowed under this section for property used in the operation of a fishing business only if the decedent or a family member, during an aggregate period of five out of the eight years ending on the date of the decedent�s death:

�� (a) Owned a vessel used in taking food fish or shellfish for commercial purposes as defined in ORS 506.006;

�� (b) Held a boat license as provided in ORS 508.260;

�� (c) Held a commercial fishing license under ORS 508.235; and

�� (d) Held one or more restricted fisheries permits as provided in ORS chapter 508 or an equivalent restricted vessel permit system under the laws of another state.

�� (7) For the purpose of meeting the requirements of subsection (5) of this section, in determining the period of time during which the decedent or a family member owned real property received in exchange under section 1031 of the Internal Revenue Code or acquired in an involuntary conversion under section 1033 of the Internal Revenue Code, the period during which the decedent or a family member owned the exchanged or acquired real property, if the exchanged or acquired real property was used in the farm business or forestry business, may be included.

�� (8) Property that otherwise meets the requirements of this section and that is owned indirectly by the decedent or a family member qualifies for a credit under this section if the property is owned through an interest in a limited liability company or in a corporation, partnership or trust as the terms corporation, partnership or trust are used in section 2032A(g) of the Internal Revenue Code. In order to qualify under this subsection, at least one family member must materially participate in the business after the transfer. For purposes of this subsection, �materially participate� means to engage in active management, as defined in section 2032A of the Internal Revenue Code, of the farm business, forestry business or fishing business. The Department of Revenue may adopt rules to administer this subsection consistent with this definition.

�� (9)(a) A disposition shall occur and an additional tax under ORS 118.005 to 118.540 shall be imposed if the natural resource property for which a credit is allowed under this section is not used in the operation of a farm business, forestry business or fishing business for at least five out of the eight calendar years following the decedent�s death or is transferred to a person other than a family member or another entity eligible for the credit allowed under this section.

�� (b) The use of cash or other assets for which a credit is claimed under this section for the payment of federal estate taxes or state inheritance or estate taxes shall be a disposition and an additional tax shall be imposed under this subsection.

�� (c) The conveyance after the decedent�s death of property that otherwise meets the requirements of this section and is conveyed as a qualified conservation contribution, as defined in section 170(h) of the Internal Revenue Code, is not a disposition requiring payment of additional tax under this subsection.

�� (d) Natural resource property may be replaced with real property or personal property after the credit is claimed and not result in a disposition subject to an additional tax if the replacement property is used in the operation of the farm business, forestry business or fishing business. Real property for which a credit is claimed under this section may be replaced only with real property that would otherwise qualify as natural resource property and that replacement must be made within one year to avoid a disposition and additional tax, except that a replacement of property that is involuntarily converted under section 1033 of the Internal Revenue Code must occur within two years.

�� (e) The additional tax liability shall be the amount of additional tax that would have been imposed, had the disqualified property not been included in the numerator of the ratio in subsection (2)(b) of this section, multiplied by ((five minus the number of years the property was used as natural resource property) divided by five). The additional tax liability is the responsibility of the owner of the property at the time of the disposition or disqualifying event and is due within six months after the date on which the disposition or event occurs. The Department of Revenue may establish by rule procedures for reporting the additional tax due, consistent with ORS chapter 305.

�� (f) Prior to the executor�s identification of property for which a credit under this section is claimed, the executor shall notify the transferee of the potential for tax consequences to the transferee if the transferee fails to meet the conditions of paragraph (a) of this subsection. The transferee�s written acknowledgment of this notice shall be attached to the estate tax return.

�� (10) The executor shall identify property for which a credit under this section is claimed, by asset, on a form prescribed by the department and filed with the estate tax return. Transferees of property for which a credit under this section has been claimed shall file a report with the department on a form prescribed by the department. This report shall be filed annually until the requirements of subsection (9)(a) of this section are met and shall require tracking of each asset for which the credit has been claimed, with confirmation that each asset falls into one of the following categories:

�� (a) The asset is still used in the operation of a farm business, forestry business or fishing business;

�� (b) The asset has been replaced with property that meets the requirements of subsection (9)(d) of this section; or

�� (c) The asset has been subject to a disposition under subsection (9) of this section, resulting in additional tax. [2007 c.843 �68; 2008 c.28 �1; 2011 c.526 �7; 2015 c.301 �1]

�� 118.145 Natural resource property exempted. (1) As used in this section:

�� (a) �Eligible business entity� means a business entity that is owned 100 percent by family members or eligible entities.

�� (b) �Eligible entity� means an eligible business entity or an eligible trust.

�� (c) �Eligible trust� means a trust or subtrust whose permissible distributees are all family members or eligible entities.

�� (d) �Family member� means a person within the third degree of relation, by blood, marriage, adoption, civil union or domestic partnership, to another person.

�� (e) �Interest in natural resource property� means:

�� (A) Any direct ownership interest in natural resource property;

�� (B) An ownership interest or beneficial interest in a business entity that owns natural resource property, either directly or indirectly through other business entities, but only to the extent of the value of that portion of the interest that is attributable to natural resource property and to the associated farm business, forestry business or fishing business owned by the decedent; or

�� (C) Any beneficial interest in a trust that owns natural resource property, but only to the extent of the value of that portion of the interest that is attributable to natural resource property and to the associated farm business, forestry business or fishing business owned by the decedent.

�� (f) �Materially participate� means to engage in the active management, as defined in section 2032A of the Internal Revenue Code, of a farm business, forestry business or fishing business owned by the decedent on the date of the decedent�s death. The Department of Revenue may adopt rules to administer this section consistent with this definition.

�� (g) �Natural resource property� has the meaning given that term in ORS 118.140.

�� (h) �Permissible distributee� has the meaning given that term in ORS 130.010.

�� (i) �Relevant business days� means those days during which a person that is engaged in active management of natural resource property would customarily be expected to exercise significant management activities, given the nature of the industry in which the business is operating.

�� (j) �Small forestland owner� means a decedent who owns, throughout the five years immediately prior to the date of the decedent�s death, forestland that is at least 10 acres but fewer than 5,000 acres.

�� (2) Except as provided in subsection (3) of this section, an interest in natural resource property is exempt from the tax imposed under this chapter if:

�� (a) The interest is held by a decedent for at least five years before the death of the decedent;

�� (b) During at least 75 percent of the relevant business days of each of the five calendar years immediately prior to the date of the decedent�s death, the decedent or any family member of the decedent materially participates in the farm business, forestry business or fishing business;

�� (c) The interest is transferred, as a consequence of the decedent�s death, to one or more family members of the decedent or eligible entities; and

�� (d) During each of the five calendar years immediately following the date of the decedent�s death, any family member of the decedent materially participates in the farm business, forestry business or fishing business.

�� (3) An interest in natural resource property that is forestland is exempt from the tax imposed under this chapter if:

�� (a) The decedent is a small forestland owner;

�� (b) The forestland property is held by the decedent for at least five years immediately prior to the date of the decedent�s death;

�� (c) During the five calendar years immediately prior to the date of the decedent�s death, the decedent or any family member of the decedent actively manages the forestland property and maintains documentation of activities that are appropriate or customary silvicultural or management activities given the current phase in the forest management cycle for a parcel of forestland property;

�� (d) The interest is transferred, as a consequence of the decedent�s death, to one or more family members of the decedent and is subsequently owned by family members of the decedent for at least five consecutive calendar years beginning with the calendar year immediately following the date of the decedent�s death; and

�� (e) During the five calendar years immediately following the date of the decedent�s death, any family member of the decedent actively manages the forestland property and maintains documentation of activities that are appropriate or customary silvicultural or management activities given the current phase in the forest management cycle for a parcel of forestland property.

�� (4) If, after the date of death of the decedent, natural resource property previously transferred from the decedent as a consequence of the decedent�s death:

�� (a) Is subsequently transferred to a family member, the property shall be deemed to have been owned by the family member during the time that the property was held or deemed to have been held by the transferor.

�� (b) Is subsequently transferred to an eligible entity, the property shall be deemed to have been owned by the eligible entity during the time that the property was held or deemed to have been held by the transferor.

�� (c) Is subsequently transferred and replaced by other property in a like-kind exchange as provided in section 1031 of the Internal Revenue Code, or is otherwise replaced with other property within 180 days of the transfer, the replacement property shall be deemed to have been owned by the transferor during the time that the transferred property was held or deemed to have been held by the transferor.

�� (5) An additional tax under ORS 118.005 to 118.540 shall be imposed if:

�� (a) An interest in natural resource property for which an exemption is allowed under this section is, during the five calendar years following the date of the decedent�s death, subsequently sold or otherwise transferred to a person other than a family member of the decedent or an eligible entity;

�� (b) The natural resource property is held by an entity that ceases to be an eligible entity because the permissible distributees or owners no longer consist solely of family members and the interest is deemed sold or otherwise transferred; or

�� (c) The material participation requirement of subsection (2)(d) or (3)(e) of this section is not met.

�� (6) Natural resource property may be replaced with real property or personal property after the exemption under this section is claimed and not result in a disposition subject to an additional tax if the replacement property is used in the operation of the farm business, forestry business or fishing business. Real property for which an exemption is claimed under this section may be replaced only with real property that would otherwise qualify as natural resource property, and that replacement must be made within one year to avoid a disposition and additional tax, except that a replacement of property that is involuntarily converted under section 1033 of the Internal Revenue Code must occur within two years.

�� (7) The additional liability imposed under subsection (5) of this section shall be the amount of additional tax that would have been imposed had the transferred interest been included in the decedent�s taxable estate. The additional tax liability is the responsibility of the owner of the property at the time of the disposition or disqualifying event and is due within six months after the date on which the disposition or event occurs. Upon receiving notice of a subsequent sale or other transfer of property for which an exemption has been claimed, or upon receiving notice that the material participation requirement of subsection (2)(d) or (3)(e) of this section has not been met, the department shall immediately proceed to collect the additional tax.

�� (8) An estate claiming the exemption under this section may not claim the credit allowed under ORS 118.140.

�� (9) The exemption allowed under this section may not exceed $15 million for the estate. [2023 c.286 �2; 2025 c.577 �1; 2025 c.595 �1]

�� Note: 118.145 was added to and made a part of ORS chapter 118 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 118.150 [Formerly 118.640; 1971 c.652 �2; 1973 c.498 �1; 1975 c.762 �4; 1977 c.666 �11; 1985 c.761 �1; repealed by 1997 c.99 �24]

�� 118.152 Credit allowed for use of small forest owner minimum option. (1) The definitions in ORS 315.124 apply to this section.

�� (2) If, at the date of death, a decedent held the certification for a credit under ORS

ORS 12.020

12.020 within the earlier of:

�� (a) Three years after the settlor�s death; or

�� (b) Four months after the trustee sends the person a copy of the trust instrument and notice informing the person of the trust�s existence, of the trustee�s name and address and of the time allowed for commencing a proceeding.

�� (2) Upon the death of the settlor of a trust that was revocable at the settlor�s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for distribution of the property unless:

�� (a) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or

�� (b) Any person has notified the trustee in writing that the person might commence a judicial proceeding to contest the trust and a judicial proceeding is commenced by the person within 60 days after the person gives the notification.

�� (3) If a trust is determined to be invalid, any beneficiary who received a distribution from the trust is liable to the person entitled to the distributed property for the amount or value of the distribution. [2005 c.348 �49]

RULES GOVERNING REVOCABLE TRUSTS

�� 130.518 Creditor protections retained upon conveyance of property held as tenants by the entirety to revocable trust. (1) Real property of spouses married to each other that was held as tenants by the entirety and subsequently conveyed to the trustee or trustees of the joint revocable trust of the spouses or of the separate revocable trust of each spouse shall have the same immunity from the claims of a spouse�s creditors as would exist if the spouses had continued to hold the property as tenants by the entirety, if:

�� (a) The spouses remain married to each other;

�� (b) The real property continues to be held in trust by the trustee or trustees or the successor trustee or trustees; and

�� (c) Both spouses are beneficiaries of the trust or trusts, including where both spouses are current beneficiaries of one trust that holds the entire property or each spouse is a current beneficiary of a separate trust and the two separate trusts together hold the entire property, whether or not other persons are also current or future beneficiaries of the trust or trusts.

�� (2) The protection from the claims of separate creditors under this section may be waived as to any specific creditor, including any separate creditor of either spouse, or any specifically described property, including any former tenancy by the entirety property conveyed into trust, by the trustee acting under the express provision of a trust instrument or with the written consent of both spouses. [2021 c.272 �7]

�� Note: Section 12, chapter 272, Oregon Laws 2021, provides:

�� Sec. 12. Section 7 of this 2021 Act [130.518] and the amendments to ORS 130.315 by section 8 of this 2021 Act apply to tenancy by the entirety property conveyed to a trustee or trustees of a trust or trusts on or after the effective date of this 2021 Act [January 1, 2022]. [2021 c.272 �12]

�� Note: 130.518 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 130 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 130.520 �Specific distribution� defined for ORS 130.520 to 130.575. For the purposes of ORS 130.520 to

ORS 125.425

125.425, a conservator may make gifts on behalf of the protected person for such purposes as the protected person might have been expected to make. The conservator may make gifts without prior court approval of up to $250 to a person in a calendar year, not to exceed an aggregate amount of $1,000 for all gifts in a calendar year. The conservator must have prior court approval for any other gifts. [1995 c.664 �41]

�� 125.440 Acts conservator may perform only with court approval. A conservator may perform the following acts only with prior court approval:

�� (1) Convey or release contingent or expectant interests of the protected person in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety.

�� (2) Create revocable or irrevocable trusts of property of the estate. A trust created by the conservator may extend beyond the period of disability of the protected person or beyond the life of the protected person. A trust created by the conservator must be consistent with the will of the protected person or any other written or oral expression of testamentary intent made by the protected person before the person became incapacitated. The court may not approve a trust that has the effect of terminating the conservatorship unless:

�� (a) The trust is created for the purpose of qualifying the protected person for needs-based government benefits or maintaining the eligibility of the protected person for needs-based government benefits;

�� (b) The value of the conservatorship estate, including the amount to be transferred to the trust, does not exceed $50,000;

�� (c) The purpose of establishing the conservatorship was to create the trust; or

�� (d) The conservator shows other good cause to the court.

�� (3) Exercise rights of the protected person to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value.

�� (4) Disclaim any interest the protected person may have by testate or intestate succession, by inter vivos transfer or by transfer on death deed.

�� (5) Authorize, direct or ratify any annuity contract or contract for life care.

�� (6) Revoke a transfer on death deed. [1995 c.664 �42; 2007 c.62 �1; 2011 c.212 �28]

�� 125.445 Acts authorized to be performed without prior court approval. A conservator may perform the following acts without prior court authorization or confirmation if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed:

�� (1) Collect, hold and retain assets of the estate including land wherever situated, until, in the judgment of the conservator, disposition of the assets should be made. Assets of the estate may be retained even though those assets include property in which the conservator is personally interested.

�� (2) Receive additions to the estate.

�� (3) Continue or participate in the operation of any business or other enterprise.

�� (4) Acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an undivided interest.

�� (5) Invest and reinvest estate assets and funds in the same manner as a trustee may invest and reinvest.

�� (6) Deposit estate funds in a bank including a bank operated by the conservator.

�� (7) Except as limited in ORS 125.430, acquire or dispose of an estate asset including real property wherever situated for cash or on credit, at public or private sale.

�� (8) Manage, develop, improve, exchange, partition, change the character of or abandon an estate asset in connection with the exercise of any power vested in the conservator.

�� (9) Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, or raze existing or erect new party walls or buildings.

�� (10) Subdivide, develop or dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving considerations, and dedicate easements to public use without consideration.

�� (11) Enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the conservatorship.

�� (12) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

�� (13) Grant an option involving disposition of an estate asset or take an option for acquisition of any asset.

�� (14) Vote a security, in person or by general or limited proxy.

�� (15) Pay calls, assessments and any other sums chargeable or accruing against or on account of securities.

�� (16) Sell or exercise stock subscription or conversion rights, or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.

�� (17) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery. The conservator is liable for any act of the nominee in connection with the stock so held.

�� (18) Insure the assets of the estate against damage or loss, and the conservator against liability with respect to third persons.

�� (19) Borrow money to be repaid from estate assets or otherwise and mortgage or pledge property of the protected person as security therefor.

�� (20) Advance money for the protection of the estate or the protected person, and for all expenses, losses and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets. The conservator has a lien on the estate as against the protected person for advances so made.

�� (21) Pay or contest any claim, settle a claim by or against the estate or the protected person by compromise, arbitration or otherwise, and release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible.

�� (22) Pay taxes, assessments, compensation of the conservator and other expenses incurred in the collection, care, administration and protection of the estate.

�� (23) Allocate items of income or expense to either income or principal, including creation of reserves out of income for depreciation, obsolescence or amortization, or for depletion in mineral or timber properties.

�� (24) Pay any sum distributable to a protected person or a dependent of a protected person by paying the sum to the protected person or the dependent, or by paying the sum either to a guardian, custodian under ORS 126.700, or conservator of the protected person or, if none, to a relative or other person with custody of the protected person.

�� (25) Employ persons, including attorneys, auditors, investment advisers or agents, even though they are associated with the conservator, to advise or assist the conservator in the performance of administrative duties, acting upon their recommendation without independent investigation, and instead of acting personally, employing one or more agents to perform any act of administration, whether or not discretionary, except that payment to the conservator�s attorney of record is subject to the provisions of ORS 125.095.

�� (26) Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of duties.

�� (27) Prosecute claims of the protected person including those for the personal injury of the protected person.

�� (28) Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator. [1995 c.664 �43]

�� 125.450 Voidable transactions. Any sale or encumbrance to a conservator, the spouse, agent or attorney of the conservator, or any corporation or trust in which the conservator has a substantial beneficial interest, or any transaction that is otherwise affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after the filing of a motion with the court seeking approval of the transaction. [1995 c.664 �44]

(Desires of Protected Person)

�� 125.455 Power of competent protected person over estate. (1) A protected person, if mentally competent, may make wills, change beneficiaries of life insurance and annuity policies and exercise any power of appointment or any elective right to share in the estate of a deceased spouse.

�� (2) Except as provided in this section and ORS 125.420, a protected person for whom a conservator has been appointed cannot convey or encumber the estate of the protected person or make any contract or election affecting the estate of the protected person. [1995 c.664 �45]

�� 125.460 Consideration of estate plan of protected person. In investing the estate, selecting assets of the estate for distribution and utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any known estate plan of the protected person, including the will of the protected person, any revocable trust of which the protected person is settlor, and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the death of the protected person to another or others that the protected person may have originated. The conservator may examine the will of the protected person. [1995 c.664 �46]

(Inventory of Property)

�� 125.465 Discovery of property; examination by conservator. (1) The court may order any person to appear and give testimony by deposition if it appears probable that the person:

�� (a) Has concealed, secreted or disposed of any property of the protected person;

�� (b) Has been entrusted with property of the protected person and fails to account for that property to the conservator;

�� (c) Has concealed, secreted or disposed of any writing, instrument or document relating to the affairs of the protected person;

�� (d) Has knowledge or information that is necessary to the administration of the affairs of the protected person; or

�� (e) As an officer or agent of a corporation, has refused to allow examination of the books and records of the corporation that the protected person has a right to examine.

�� (2) If a person is cited to appear under this section and fails to appear or to answer questions asked as authorized by the order of the court, the person may be held in contempt of court. [1995 c.664 �47]

�� 125.470 Filing of inventory required; supplemental inventory. (1) Within 90 days after the date of appointment, unless a longer time is granted by the court, a conservator must file in the protective proceeding an inventory of all the property of the estate of the protected person that has come into the possession or knowledge of the conservator. The inventory must show the estimates by the conservator of the respective true cash values as of the date of the protective order. If the protected person has attained 14 years of age, a copy of the inventory must be served on the protected person personally or by mail.

�� (2) Whenever any property of the estate of the protected person not included in the inventory or any subsequent accounting and not derived from any asset included in a prior inventory or any subsequent accounting comes into the possession or knowledge of the conservator, the conservator must file a supplemental inventory in the protective proceeding. The supplemental inventory must be filed within 30 days after the date of receiving possession or knowledge of the property.

�� (3) If the estate of the protected person includes real property, the conservator must record in the deed records of the clerk of the county in which the real property is situated a certified copy of the inventory required by this section or an abstract in substantially the following form:

The protected person�s name is ______

Conservatorship Case # ______

County where proceedings are pending ____

Conservator is ______

Conservator�s address is ______

Attorney�s name is ______

Attorney�s address is ______

The following real property is subject to proceedings: __

Signature ____

Dated ____

STATE OF OREGON�� )

�� )�� ss.

County of __�� )

�� The foregoing instrument was acknowledged before me this ___ day of __, 2_, by ______.

Notary Public for Oregon

My commission expires: ______

[1995 c.664 �48]

(Accountings)

�� 125.475 Conservator�s accounting to court; contents. (1) Unless the court by order provides otherwise, a conservator shall account to the court for the administration of the protected estate within 60 days after each anniversary of appointment. In addition, a conservator shall account to the court for the administration of the protected estate:

�� (a) Within 60 days after the death of the protected person, a minor protected person attains majority or an adult protected person becomes able to manage the protected person�s financial resources; and

�� (b) Within 30 days after the removal of the conservator, the resignation of the conservator or the termination of the conservator�s authority under ORS 125.410 (7).

�� (2) Each accounting must include the following information:

�� (a) The period of time covered by the accounting.

�� (b) The total value of the property with which the conservator is chargeable according to the inventory, or, if there was a prior accounting, the amount of the balance of the prior accounting.

�� (c) All money and property received during the period covered by the accounting.

�� (d) All disbursements made during the period covered by the accounting.

�� (e) The amount of bond posted by the conservator during the period covered by the accounting.

�� (f) With respect to conservators who are professional fiduciaries, the total amount of compensation that investment advisers or brokers other than the professional fiduciary charged or received in charges for investments managed or transacted by the investment advisers or brokers.

�� (g) Such other information as the conservator considers necessary, or that the court might require, for the purpose of disclosing the condition of the estate.

�� (3) Vouchers for disbursements must accompany the accounting unless otherwise provided by order or rule of the court or unless the conservator is a trust company that has complied with ORS 709.030 or is the Department of Veterans� Affairs. If vouchers are not required, the conservator shall:

�� (a) Maintain the vouchers for a period of not less than one year following the date on which the order approving the final accounting is entered;

�� (b) Permit interested persons to inspect the vouchers and receive copies of the vouchers at their own expense at the place of business of the conservator during the conservator�s normal business hours at any time before the end of one year following the date on which the order approving the final accounting is entered; and

�� (c) Include in each annual accounting and the final accounting a statement that the vouchers are not filed with the accounting but are maintained by the conservator and may be inspected and copied as provided in this subsection.

�� (4) The court may waive a final accounting if:

�� (a) The conservator was appointed because the protected person was a minor, and the protected person has attained the age of majority, or the conservator was appointed because the protected person was financially incapable, and the protected person is no longer financially incapable;

�� (b) The protected person gives a receipt to the conservator for the property delivered to the protected person; and

�� (c) The conservator files with the court a copy of the receipt issued by the protected person to the conservator.

�� (5) Copies of accountings must be served on all persons listed in ORS 125.060 (3). The court may waive service on the protected person if service of the copy would not assist the protected person in understanding the proceedings.

�� (6) The court may require a conservator to submit to a physical check of the estate in the control of the conservator at any time and in any manner the court may specify.

�� (7) The Chief Justice of the Supreme Court may by rule specify the form and contents of accounts that must be filed by a conservator. [1995 c.664 �49; 1997 c.631 �411; 1999 c.592 �4; 2005 c.123 �2; 2015 c.364 �2; 2019 c.539 �1]

�� 125.480 Approval of accounting. Subject to appeal or vacation within the time allowed by law, an order, made upon notice and hearing, allowing an intermediate accounting of a conservator, is final as to the liabilities of the conservator concerning the matters considered in connection with the intermediate accounting. An order, made upon notice and hearing, allowing a final accounting is final as to all previously unsettled liabilities of the conservator to the protected person or successors relating to the conservatorship. [1995 c.664 �50]

(Liabilities)

�� 125.485 Liability of conservator. (1) A conservator is not personally liable on a contract entered into in the fiduciary capacity of the conservator in the course of administering the estate unless:

�� (a) The contract specifically makes the conservator liable in a personal capacity; or

�� (b) The conservator fails to reveal the representative capacity of the conservator and identity of the estate in the contract.

�� (2) The conservator is personally liable for obligations arising from ownership, obligations arising out of control of property of the estate and torts committed in the course of administration of the estate only if the conservator is personally at fault.

�� (3) Claims based on contracts entered into by a conservator in the fiduciary capacity of the conservator, on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the fiduciary capacity of the conservator, whether or not the conservator is personally liable.

�� (4) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting or for indemnification, or in any other appropriate proceeding or action. [1995 c.664 �51]

�� 125.490 Status of persons dealing with conservator. (1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order under the provisions of this chapter is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not require the person to inquire into existence of a power or the propriety of its exercise, except that restrictions on powers of conservators that are indorsed on letters are effective as to third persons. A person is not required to see to the proper application of estate assets paid or delivered to a conservator.

�� (2) The protection provided under subsection (1) of this section:

�� (a) Is not affected by any procedural irregularity or jurisdictional defect in the proceedings that resulted in the issuance of letters; and

�� (b) Is in addition to the protection provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.

�� (3) A person who holds property in which the protected person has an interest, or who is indebted either to the protected person or to the protected person and others, may enter into transactions with the conservator with respect to the property or debt to the same extent that the person could deal with the protected person if the protected person were not under protection. [1995 c.664 �52]

(Claims and Expenses)

�� 125.495 Payment of claims against estate or protected person. (1) A conservator shall pay from the estate claims against the estate and against the protected person arising before or after the conservatorship upon their presentation, allowance and maturity. Claims that become absolute at an uncertain event may not be allowed. The conservator may allow claims against the estate of a protected person in part and disallow them in part.

�� (2) A claim may be presented by either of the following methods:

�� (a) The claimant may deliver or mail to the conservator or the attorney for the conservator a written statement of the claim stating the basis of the claim, the name and address of the claimant and of the claimant�s attorney if the claimant is represented by an attorney in respect to the claim, and the amount claimed.

�� (b) The claimant may file the claim with the clerk of the court in which the proceeding is pending, captioned in a manner that will identify the protected person and the clerk�s number of the proceeding, and deliver or mail a copy of the statement to the conservator or the attorney of the conservator.

�� (3) If the conservator disallows the claim in whole or in part, or if the conservator finds that the claim is valid but not due, the conservator shall notify the claimant or the attorney of the claimant in writing of the disallowance or finding of the conservator.

�� (4) The presentation of a claim and any defect in form or substance may be waived by the conservator or by the court if the claim, properly stated, is a valid and absolute obligation of the estate.

�� (5) The conservator may reconsider any claim previously rejected or allowed, or may compromise any claim against the estate of a protected person, including contingent, unliquidated and unmatured claims. [1995 c.664 �53]

�� 125.500 Enforcement of claim against estate or protected person. (1) An action upon a claim may not be brought until the claim is disallowed or until 60 days have elapsed from the date of its presentment without allowance of payment.

�� (2) A creditor of the protected person or the estate of the protected person whose claim is secured may not exercise remedies against the security until at least 30 days after the claim is presented and after notice to the conservator or the attorney of the conservator that the creditor intends to exercise remedies against the security. The court may shorten the period for cause.

�� (3) The conservator may convey the security to the secured creditor in full or partial satisfaction of the claim if the secured creditor agrees to accept the conveyance as full satisfaction or partial satisfaction of the debt. [1995 c.664 �54]

�� 125.505 Notice of claim to conservator. If a proceeding is pending against a protected person at the time of appointment of a conservator or is commenced against the protected person after appointment of a conservator, the plaintiff must give notice of the proceeding to the conservator or the attorney of the conservator if any judgment or order arising out of the proceeding will constitute a claim against the estate. [1995 c.664 �55]

�� 125.510 Procedure where claim disallowed. (1) If the conservator disallows a claim in whole or in part, or if the conservator does not allow or disallow a claim within 60 days after it is presented, the claimant may:

�� (a) File in the conservatorship proceeding a request for a summary determination of the claim by the court, with proof of service of a copy upon the conservator or the attorney of the conservator; or

�� (b) Commence a separate action against the conservator on the claim in a court of competent jurisdiction. The action shall proceed and be tried as any other action.

�� (2) If the claimant requests a summary hearing, the conservator may, within 30 days after service of the request, notify the claimant in writing that if the claimant desires to prove the claim the claimant must commence a separate action against the conservator within 60 days after service of the notice. If the claimant fails to commence an action against the conservator within that time, the claim is barred.

�� (3) An order allowing or disallowing in whole or in part a claim that has been considered upon a summary hearing may not be appealed. [1995 c.664 �56]

�� 125.515 Effect of presentation of claim on statute of limitations. (1) The following periods of time shall not be part of the time limited for the commencement of an action under any statute of limitation:

�� (a) The period of time beginning at the presentation of a claim and ending 30 days after the claim is disallowed.

�� (b) If the claim is not allowed or disallowed within 60 days after it is presented, the period of time beginning with the presentation of the claim and ending 90 days after the claim is presented.

�� (2) For the purpose of any statute of limitation, an action is considered commenced upon the filing of a request for a summary determination of a claim that has been disallowed in whole or in part. [1995 c.664 �57]

�� 125.520 Order of payment of expenses and claims. If it is likely that the estate of the protected person will be exhausted before all claims against the estate are paid, the conservator shall give preference in the payment of claims in the following order of priority:

�� (1) Funds needed for the current care, maintenance and support of the protected person and the dependents of the protected person and claims for the expenses of administration.

�� (2) Expenses and claims for the care, maintenance and support of the protected person and the dependents of the protected person that are not paid under subsection (1) of this section.

�� (3) Debts and taxes with preference under federal law.

�� (4) Taxes with preference under the laws of this state that are due and payable while possession of the estate of the protected person is retained by the conservator.

�� (5) All other claims against the conservatorship estate. [1995 c.664 �58; 1997 c.717 �7]

(Termination of Proceedings)

�� 125.525 Termination of conservatorship. An order terminating the conservatorship of a living person shall direct the conservator to deliver the assets in the possession of the conservator to the protected person:

�� (1) Immediately, to the extent that the assets are not required for payment of expenses of administration and debts incurred by the conservator for the account of the estate of the protected person; and

�� (2) Upon entry of an order approving the final accounting or surcharging the conservator, to the extent of any balance remaining. [1995 c.664 �59; 2017 c.169 �59]

�� 125.530 Powers and duties of conservator on death of protected person. If a protected person dies and the conservator has possession of a will of the protected person, the conservator shall either deliver the will to the personal representative named in the will or deliver the will to the court for safekeeping. If the conservator delivers the will to the court for safekeeping, the conservator must inform any personal representative named in the will that the conservator has made that delivery. If it is not possible to inform the named personal representative, the conservator shall inform the beneficiaries named in the will of the delivery. The conservator shall retain and administer the estate for delivery to the personal representative of the decedent or other persons entitled to the estate. [1995 c.664 �60; 1997 c.717 �8]

�� 125.535 Disposition of small estate. If at any time the estate of a protected person consists of personal property having a value not exceeding by more than $10,000 the aggregate amount of unpaid expenses of administration of the protected estate and claims against the estate, the conservator, with prior accounting and approval of the court by order, may pay the expenses and claims from the estate and deliver all the remaining personal property to the person designated by the court in the order, to be held, invested or used as ordered by the court. The recipient of the property shall give a receipt to the conservator. The receipt is a release of and acquittance to the conservator as to the property delivered. The conservator shall file in the protective proceeding proper receipts or other evidence satisfactory to the court showing the delivery. Upon the court receiving the evidence, the court shall enter an order terminating the protective proceeding. [1995 c.664 �61]

(Payment to Foreign Conservator)

�� 125.540 Payment of debt and delivery of property to foreign conservator. (1) A person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may make payment or delivery to a conservator, guardian or other fiduciary appointed by a court of the state where the protected person resides, upon being presented with proof of appointment and an affidavit made by the fiduciary stating that:

�� (a) A protective proceeding relating to the protected person is not pending in this state; and

�� (b) The fiduciary is entitled to payment or to receive delivery.

�� (2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor. [1995 c.664 �62]

TEMPORARY FIDUCIARIES

�� 125.600 In general. (1) A temporary fiduciary who will exercise the powers of a guardian may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is incapacitated or a minor, that there is an immediate and serious danger to the life or health of the respondent, and that the welfare of the respondent requires immediate action.

�� (2) A temporary fiduciary who will exercise the powers of a conservator may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is financially incapable or a minor, that there is an immediate and serious danger to the estate of the respondent, and that the welfare of the respondent requires immediate action.

�� (3) A temporary fiduciary may be appointed only for a specific purpose and only for a specific period of time. The period of time may not exceed 30 days. The court may extend the period of the temporary fiduciary�s authority for an additional period not to exceed 30 days upon motion and good cause shown. The court may terminate the authority of a temporary fiduciary at any time.

�� (4) Except as otherwise provided in this section and ORS 125.605 and 125.610, a temporary fiduciary is subject to all provisions of this chapter. [1995 c.664 �63]

�� 125.605 Procedure for appointment of temporary fiduciary. (1) In addition to the requirements of ORS 125.055, a petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS

ORS 130.750

130.750 to 130.775, shall direct the investment and reinvestment of endowed care funds in the time or savings deposits of the custodian bank or savings association.

�� (2) The principal of invested endowed care funds shall never be voluntarily reduced, but shall be maintained separate and distinct by the trustee or custodian from all other funds except that it shall be proper to commingle endowment care funds with special care funds. The payment of charges chargeable against principal under ORS chapter 129 or of other expenses necessarily incurred in the administration of the trust in accordance with subsection (1) of this section shall not constitute a voluntary reduction of principal. The net income earned shall be used solely for the general care and maintenance of the cemetery property entitled to endowment care, as stipulated in the resolution, bylaw and other action or instrument by which the fund was established, and in such manner as the cemetery authority may from time to time determine to be in the best interests of such endowed property. Such net income shall never be used for the improvement or embellishment of undeveloped property offered for sale. [Amended by 1955 c.545 �4; 1985 c.450 �3; 1987 c.295 �3; 1995 c.157 �24; 1995 c.297 �1; 2003 c.279 �32; 2005 c.348 �125]

�� 97.835 Limitation of duties and liability of trustee. The trustee shall have no duty whatsoever to operate, maintain or to supervise the general maintenance of any endowment fund cemetery, and the trustee shall have no duty whatsoever to enforce collection of any of the trust funds either from the purchasers of lots, or from the cemetery authority, and the trustee shall have no duty whatsoever to see to the application of the net income after payment of the net income to the cemetery authority. The trustee shall be entitled to rely without liability upon the affidavit of the cemetery authority showing the amount payable to the trustee as endowment care funds. [1955 c.545 �6]

�� 97.840 Cemetery authority authorized to receive and hold gifts of property; disposition of gifts. A cemetery authority which has established an endowment care fund may take, receive and hold any property, real, personal or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund. Within 30 days of the receipt of such contributions, the cemetery authority shall deposit, with the trustee or custodian of the fund to which the property was contributed, all moneys and all documents or instruments of title or conveyance evidencing the contribution. As soon as practicable, the cemetery authority shall provide for the sale of all property for fair market value and, within 30 days of the receipt of the proceeds thereof, shall deposit the proceeds with the trustee or custodian. The trustee or custodian shall execute all documents necessary to effect the sale, consistent with the purposes of this section. [Amended by 1987 c.295 �4]

�� 97.843 Endowment and special care funds are charitable. The endowment and special care funds and all payments or contributions to them are expressly permitted as and for charitable and eleemosynary purposes. Endowment care is a provision for the discharge of a duty from the persons contributing to the persons interred and to be interred in the cemetery and a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are situated. [Formerly 97.850]

�� 97.846 Agreements for care. (1) Upon payment of the purchase price, including the amount fixed as a proportionate contribution for endowed care, there may be included in the deed of conveyance, or by separate instrument, an agreement to care, in accordance with the plan adopted, for the cemetery and its appurtenances to the proportionate extent the income received by the cemetery authority from the contribution permits.

�� (2) Upon the application of an owner of any plot, and upon the payment by the owner of the amount fixed as a reasonable and proportionate contribution for endowed care, a cemetery authority may enter into an agreement with the owner for the care of the plot of the owner and its appurtenances. [Formerly 97.860]

�� 97.849 Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery. (1) The Department of Consumer and Business Services may, if a cemetery authority responsible for an endowment care cemetery violates a provision of ORS 97.810 to 97.920 with respect to the endowment care cemetery:

�� (a) Issue an emergency order to suspend or restrict the operations of an endowment care cemetery; or

�� (b) Take other action deemed necessary by the Director of the Department of Consumer and Business Services.

�� (2) After taking an action described in subsection (1) of this section, the director shall promptly provide opportunity for a hearing pursuant to ORS chapter 183.

�� (3) An emergency order is:

�� (a) Effective upon issuance;

�� (b) Reviewable as provided in ORS 183.480; and

�� (c) Enforceable in the courts of this state. [2019 c.8 �2]

�� Note: 97.849 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 97.850 [Renumbered 97.843 in 2019]

�� 97.852 Receivership of endowment care cemetery. (1) The following may petition the circuit courts of this state for an appointment of receiver for an endowment care cemetery:

�� (a) The Department of Consumer and Business Services;

�� (b) The district attorney of the county where the endowment care cemetery is located; or

�� (c) A local government with jurisdiction over the county or municipality where the endowment care cemetery is located.

�� (2) If a court determines that a receivership is necessary or advisable, the court shall appoint a receiver:

�� (a) To ensure the orderly and proper conduct of an endowment care cemetery�s professional business and affairs during or after an administrative proceeding;

�� (b) To protect the public�s interest and rights in the business, premises or activities of the endowment care cemetery;

�� (c) Upon a showing of serious and repeated violations of ORS 97.810 to 97.920 demonstrating an inability or unwillingness to comply with the provisions of ORS 97.810 to 97.920;

�� (d) To prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS 97.810 to 97.920; or

�� (e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the endowment care cemetery.

�� (3)(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the petitioner may request and as the court determines to be necessary or advisable in the circumstances.

�� (b) Venue of receivership proceedings shall be in the county where the endowment care cemetery is located. The receiver shall be the petitioner or a person nominated by the petitioner and approved by the court. [2019 c.8 �3]

�� Note: 97.852 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 97.860 [Renumbered 97.846 in 2019]

�� 97.865 Application of ORS 97.810 to 97.865 to religious, county and city cemeteries. (1) A cemetery authority that operates a cemetery for any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination and any county or city may make an irrevocable election to have ORS 97.810 to 97.865 apply to any cemetery controlled or operated by the cemetery authority, county or city by filing a written statement indicating such action with the Director of the Department of Consumer and Business Services. The statement shall be in the form prescribed by the director and shall contain the information specified by the director.

�� (2)(a) When a cemetery authority, county or city files a statement described in this section with the director, ORS 97.810 to 97.865 applies to a cemetery controlled or operated by the cemetery authority, county or city beginning on the first day of the fiscal year next following the filing of the statement.

�� (b) ORS 294.035 does not apply to funds held by a county or city under ORS 97.810 to 97.865. [1997 c.167 �4; 2001 c.796 �25; 2007 c.661 �8]

�� 97.870 Unused and uncared for portions of cemetery declared common nuisances. (1) In all cases where a cemetery authority has owned a site for a cemetery for more than 40 years and has during that period sold lots, subdivisions of lots, pieces or parcels of the cemetery for burial purposes and the grantee or party claiming through the grantee has not used portions of such lots, subdivisions of lots, pieces or parcels of the cemetery for purposes of burial and has not kept them free of weeds or brush, but has allowed them to remain entirely unused for more than 40 years or uncared for and unused for more than 20 years prior to the adoption of the resolution provided for in ORS 97.880, and such lots, subdivisions of lots, pieces and parcels of the cemetery are adjacent to improved parts thereof, and by reason of their uncared-for condition detract from the appearance of the cemetery and interfere with the harmonious improvement thereof, and furnish a place for the propagation of weeds and brush, thereby becoming a menace to adjacent property, such lots, subdivisions of lots, pieces and parcels of such cemetery, which are unused and uncared for as aforesaid, hereby are declared to be a common nuisance and contrary to public policy.

�� (2) The provisions of this section are not applicable to portions of cemeteries which have been or are sold with agreements between the cemetery authority or its successor in interest, or both, and the grantee providing for endowment care, permanent maintenance or free care. [Amended by 1965 c.396 �7; 2007 c.661 �9]

�� 97.880 Resolution declaring a nuisance. The governing board of a cemetery authority described in ORS 97.870 may adopt a resolution declaring such unused and unimproved portion of its cemetery as is described in ORS 97.870 a common nuisance and an abandoned and unused portion of such cemetery, and may direct its officers to file the complaint described in ORS 97.890. [Amended by 1983 c.740 �9]

�� 97.890 Complaint. (1) Upon the adoption of the resolution described in ORS 97.880 the officers of the cemetery authority may file a complaint in the circuit court for the county in which the cemetery is located against the owners, holders or parties interested in such abandoned portion of its cemetery demanding that the court require such owners, holders or interested parties to keep the premises clear of weeds and brush and in condition in harmony with other lots and, if the owners, holders, or interested parties fail to appear in court and comply with the order of the court, demanding that the court make a judgment declaring such portions of the cemetery a common nuisance, directing the governing board to abate the nuisance by clearing the premises and keeping them clear of weeds and brush, creating a lien upon such lots and parcels in favor of the cemetery authority, providing that the lien be foreclosed and the lots and parcels be sold in the same manner as other sales upon execution are made and authorizing the governing board to become a purchaser thereof on behalf of the cemetery authority.

�� (2) In such suit any number of owners of different lots, subdivisions of lots, pieces or parcels of the cemetery may be included in the one suit.

�� (3) It is a sufficient designation of the property so abandoned and unimproved to give the lot number or portion thereof, or a description of the piece or parcel having no lot number, together with the name of the owner thereof, as appears on the record of the cemetery authority.

�� (4) In addition to the names of the persons that appear on the records of the cemetery authority as the record owners of such unused and unimproved portions of the cemetery, the plaintiff shall include as a defendant in a complaint the following: �Also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint.� [Amended by 2003 c.576 �358; 2007 c.661 �10]

�� 97.900 Summons. (1) Summons shall be served upon all owners or holders who are residents of this state in like manner as in service of summons in a civil action if such owners and holders are known to the sheriff in the county in which the cemetery is located. If the defendants are not known to the sheriff, it is sufficient to serve the owners and holders whose names appear on the tax rolls of the county for the year previous to that in which the suit is started. The plaintiff is not required to mail a copy of the summons or complaint to nonresident defendants.

�� (2) All owners and holders of such unimproved lots whose names do not appear on the tax rolls as aforesaid as shown by the return of the sheriff may be served by publication in any legal newspaper published in the county in which the cemetery is located for four consecutive weeks upon return of the sheriff that such owners and holders are not known and cannot be served in the jurisdiction of the sheriff.

�� (3) The published summons shall contain the names of the record owners, as shown by the records of the cemetery authority, and �also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint,� together with a brief description of the lot, or subdivisions of lots, pieces or parcels of the cemetery and a statement setting forth the order and judgment described in ORS 97.890 (1) for which the plaintiff has applied to the court in the complaint. Such summons shall require all parties defendant to appear and show cause why an order should not be made declaring the unused and unimproved portions of the cemeteries to be a common nuisance, directing the cemetery authority to abate the nuisance, creating a lien thereon, providing that it be foreclosed and directing that the unused and unimproved portion of the cemetery be sold within four weeks from and after the date of the first publication thereof. [Amended by 2003 c.576 �359; 2007 c.661 �11]

�� 97.910 Disuse as prima facie evidence of abandonment. In all cases arising under ORS 97.870 to 97.900, the fact that the owner, holder or interested party, of the unused and unimproved portion of the cemetery has not, for a term of 20 years or more, used the plot and has failed to keep it clear of weeds or brush is prima facie evidence that the owner, holder or interested party has abandoned it.

�� 97.920 Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien. Upon the failure of the owner of the premises to comply with the order of the court requiring proper care of the premises or upon the failure of any of the defendants to appear and answer the complaint or upon the trial of the cause, if the court finds that the allegations of the complaint are supported by the evidence and that the summons has been served as provided in ORS 97.900, the court may enter a judgment in accordance with the allegations of the complaint and the provisions of ORS 97.890 (1). [Amended by 2003 c.576 �360]

PREARRANGEMENT SALES AND PRECONSTRUCTION SALES

�� 97.923 Definitions for ORS 97.923 to 97.949. As used in ORS 97.012, 97.923 to 97.949 and 97.994, unless the context requires otherwise:

�� (1) �Beneficiary� means the person who is to receive the funeral and cemetery merchandise, funeral and cemetery services or completed interment spaces.

�� (2) �Certified provider� means an entity certified under ORS 97.933 to:

�� (a) Sell or offer for sale prearrangement sales contracts or preconstruction sales contracts;

�� (b) Administer prearrangement sales contracts or preconstruction sales contracts; or

�� (c) Provide merchandise or services to fulfill prearrangement sales contracts or preconstruction sales contracts.

�� (3) �Delivery� occurs when:

�� (a) Physical possession of the funeral or cemetery merchandise is transferred to the purchaser; or

�� (b) If authorized by a purchaser under a purchase agreement:

�� (A) The title to the funeral or cemetery merchandise has been transferred to the purchaser, has been paid for, and is in the possession of the seller, who has documented the sale in the purchaser�s records through use of a serial or other identifying number and placed the merchandise, until needed, for storage on the seller�s premises; or

�� (B) The merchandise has been identified for the purchaser or the beneficiary as documented by the manufacturer�s receipt placed by the seller in the purchaser�s records and held by the manufacturer for future delivery.

�� (4) �Depository� means a financial institution or trust company, as those terms are defined in ORS 706.008, that is authorized to accept deposits in this state or to transact trust business in this state and is not registered as a master trustee.

�� (5) �Guaranteed contract� means a written preconstruction sales contract or prearrangement sales contract that guarantees the beneficiary the specific undeveloped space or spaces or funeral and cemetery merchandise or funeral and cemetery services contained in the contract and under which no charges other than the sales price contained in the contract are required upon delivery or performance of the funeral or cemetery merchandise or services, if:

�� (a) Required payments have been made as specified in the contract; and

�� (b) The balance of payment required by the contract is paid before the death of the beneficiary.

�� (6) �Joint trust fund account� means trust funds received by a certified provider from two or more beneficiaries.

�� (7)(a) �Master trustee� means an entity that is not a certified provider under ORS 97.923 to

ORS 131.215

131.215 (1) does not apply if:

�� (a) Either causing a specified result or an intent to cause or danger of causing that result is an element of an offense; and

�� (b) The result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense.

�� (2) ORS 131.215 (1) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside this state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within this state. [1973 c.836 �11]

�� 131.230 [Repealed by 1973 c.836 �358]

�� 131.235 Criminal homicide. (1) If the offense committed is criminal homicide, either the death of the victim or the conduct causing death constitutes a �result� within the meaning of ORS 131.215 (1).

�� (2) If the body, or a part thereof, of a criminal homicide victim is found within this state, it shall be prima facie evidence that the result occurred within this state. [1973 c.836 �12]

�� 131.240 [Repealed by 1973 c.836 �358]

�� 131.250 [1971 c.743 �291; repealed by 1973 c.836 �358]

VENUE

�� 131.305 Place of trial. (1) Except as otherwise provided in ORS 131.305 to 131.415, criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred.

�� (2) All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 to 131.363. [1973 c.836 �14]

�� 131.310 [Repealed by 1973 c.836 �358]

�� 131.315 Special provisions. (1) If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned.

�� (2) If a cause of death is inflicted on a person in one county and the person dies therefrom in another county, trial of the offense may be held in either county.

�� (3) If the commission of an offense commenced outside this state is consummated within this state, trial of the offense shall be held in the county in which the offense is consummated or the interest protected by the criminal statute in question is impaired.

�� (4) If an offense is committed on any body of water located in, or adjacent to, two or more counties or forming the boundary between two or more counties, trial of the offense may be held in any nearby county bordering on the body of water.

�� (5) If an offense is committed in or upon any railroad car, vehicle, aircraft, boat or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed.

�� (6) If an offense is committed on the boundary of two or more counties or within one mile thereof, trial of the offense may be held in any of the counties concerned.

�� (7) A person who commits theft, burglary or robbery may be tried in any county in which the person exerts control over the property that is the subject of the crime.

�� (8) If the offense is an attempt or solicitation to commit a crime, trial of the offense may be held in any county in which any act that is an element of the offense is committed.

�� (9) If the offense is criminal conspiracy, trial of the offense may be held in any county in which any act or agreement that is an element of the offense occurs.

�� (10) A person who in one county commits an inchoate offense that results in the commission of an offense by another person in another county, or who commits the crime of hindering prosecution of the principal offense, may be tried in either county.

�� (11) A criminal nonsupport action may be tried in any county in which the dependent child is found, irrespective of the domicile of the parent, guardian or other person lawfully charged with support of the child.

�� (12)(a) If the offense is theft, forgery or identity theft and the offense consists of an aggregate transaction involving more than one county, trial of the offense may be held in any county in which one of the acts of theft, forgery or identity theft was committed.

�� (b) If the offense is two or more offenses listed in ORS 137.717 (2) committed against the same victim within a 180-day period, trial of the offenses may be held in any county in which one of the offenses was committed.

�� (13) When a prosecution is for violation of the Oregon Securities Law, the trial of the offense may be held in the county in which:

�� (a) The offer to purchase or sell securities took place or where the sale or purchase of securities took place; or

�� (b) Any act that is an element of the offense occurred.

�� (14) When a prosecution under ORS 165.692 and 165.990 or 411.675 and 411.990 (2) and (3) involves Medicaid funds, the trial of the offense may be held in the county in which the claim was submitted for payment or in the county in which the claim was paid.

�� (15)(a) If the offense is stalking under ORS 163.732 and involves contacts as defined in ORS

ORS 131.576

131.576 (1). [2005 c.830 �9]

�� 131.576 Order restoring custody of property after expedited hearing. (1) An order restoring custody to a petitioner under ORS 131.573 shall:

�� (a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct;

�� (b) Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the property; and

�� (c) Require the petitioner to inform the court of the exact location of the property at the time of any judicial proceeding under ORS 131.582 and to deliver the property to the seizing agency immediately upon the issuance of a judgment of criminal forfeiture.

�� (2) An order restoring custody to a petitioner under ORS 131.573 may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property.

�� (3) An order restoring custody to a petitioner under ORS 131.573 is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by a further order directing the petitioner to deliver the property to the custody of the seizing agency, by an order awarding to the seizing agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court finds appropriate. [2005 c.830 �10]

�� 131.579 Affidavit in response to notice of seizure for forfeiture. (1)(a) A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution�s interest in the property was acquired:

�� (A) In the regular course of business as a financial institution;

�� (B) For valuable consideration;

�� (C) Without knowledge of the prohibited conduct;

�� (D) In good faith and without intent to defeat the interest of any potential seizing agency; and

�� (E) With respect to personal property, prior to the seizure of the property, or with respect to real property, recorded prior to the recording of notice of the seizure of the real property in the mortgage records of the county in which the real property is located.

�� (b) Failure to file an affidavit constitutes a default. The affidavit must be filed within 30 days from the date of service under ORS 131.570.

�� (2) Notwithstanding the provisions of subsection (1) of this section, any person, other than a financial institution, who transfers or conveys an interest in real property pursuant to a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 and who retains an interest in the real property, or any successor in interest, may respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the person:

�� (a) Received the interest in return for valuable consideration or by way of devise or intestate succession;

�� (b) Had no knowledge at the time of transfer or conveyance of the prohibited conduct;

�� (c) Acted in good faith and without intent to defeat the interest of any potential seizing agency;

�� (d) Recorded the interest in the mortgage records of the county in which the real property is located prior to the recording of any notice of intent to seize or notice of seizure; and

�� (e) Continued to hold the interest without acquiescing in the prohibited conduct.

�� (3) The affidavit permitted by subsection (2) of this section must be filed within 30 days from the date of service under ORS 131.570. Failure to file an affidavit as set forth in subsection (2) of this section constitutes a default.

�� (4) In response to an affidavit filed under subsection (2) of this section, the seizing agency may controvert any or all of the assertions made in the affidavit. The affidavit of the seizing agency must be filed with the court within 20 days after the date the affidavit is filed under subsection (2) of this section. The transferor, conveyor or successor in interest may respond, within five days after the filing of the affidavit of the seizing agency, with a supplemental affidavit limited to the matters stated in the affidavit of the seizing agency. If the seizing agency does not file an affidavit within the time allowed, the transferor, conveyor or successor in interest is considered to be a financial institution for all purposes under ORS 131.550 to 131.600.

�� (5) If the seizing agency files an affidavit under subsection (4) of this section, the court shall decide the issues raised in the affidavit in a proceeding under ORS

ORS 132.540

132.540, 132.550, 132.557, 132.560 and 132.580.

�� (2) If the grand jury returns an indictment for criminal forfeiture, the defendant may admit or deny that the property is subject to criminal forfeiture. If the defendant fails to admit or deny that the property is subject to forfeiture, the court shall enter a denial on behalf of the defendant.

�� (3) When the underlying criminal conduct is a Class A misdemeanor, a city or county attorney may prosecute a criminal forfeiture by filing an information in the municipal or justice court.

�� (4) A criminal forfeiture proceeding and the underlying criminal case must be tried in the same proceeding.

�� (5) The criminal procedure laws of this state apply to criminal forfeiture proceedings.

�� (6) The court shall enter a judgment of criminal forfeiture if the forfeiture counsel proves beyond a reasonable doubt that the property for which forfeiture is sought is an instrumentality or the proceeds of the crime of conviction or past prohibited conduct that is similar to the crime of conviction.

�� (7) Forfeiture counsel may move the court at any time for an order finding that the defendant is a fugitive and in default. The court may enter an order finding the defendant in default under this subsection and enter a judgment of criminal forfeiture if the court finds that the defendant is not confined or held in custody by another jurisdiction, and that the defendant, after notice or knowledge of the fact that a warrant has been issued for the defendant:

�� (a) Purposely left the state to avoid prosecution;

�� (b) Declines to return to the state and allow execution of the warrant; or

�� (c) Otherwise evades the jurisdiction of the court issuing the warrant.

�� (8) No later than 21 days after the entry of a judgment of criminal forfeiture under this section, the forfeiture counsel shall notify by mail all persons who filed claims under ORS 131.570 or affidavits under ORS 131.579 of the judgment of criminal forfeiture. The notice must inform the person of the requirements of subsection (9) of this section.

�� (9) If a person who receives notice under subsection (8) of this section wishes to assert the person�s interest in the property but was not eligible to file an affidavit under ORS 131.579, the person must file an affidavit with the trial court, and must serve the forfeiture counsel with a copy of the affidavit, no later than 21 days after the date the notice required by subsection (8) of this section was mailed. The person must allege facts in an affidavit filed under this subsection that if true would prove that the person took the property or the interest that the person holds in the property:

�� (a)(A) Before it was seized for criminal forfeiture; and

�� (B) In good faith and without intent to defeat the interest of any seizing agency; or

�� (b) As a bona fide purchaser for value without acquiescing in the prohibited conduct.

�� (10)(a) If an affidavit is timely filed under subsection (9) of this section and the forfeiture counsel:

�� (A) Does not contest the affidavit, the forfeiture counsel shall submit a form of judgment to the court for entry under ORS 131.588.

�� (B) Does contest the affidavit, the forfeiture counsel shall request a hearing with the trial court no later than 21 days after receiving the affidavit.

�� (b) If no affidavit is filed under subsection (9) of this section but the seizing agency filed an affidavit under ORS 131.579 (4), the forfeiture counsel shall request a hearing with the trial court no later than 21 days after the last date for receiving affidavits under subsection (9) of this section.

�� (11)(a) A hearing pursuant to subsection (10) of this section is an ancillary proceeding and the Oregon Rules of Civil Procedure apply. At the hearing:

�� (A) Forfeiture counsel has the burden of proving by a preponderance of the evidence that the person claiming an interest in the property:

�� (i) Took the property with the intent to defeat the interest of a seizing agency; or

�� (ii) Is not a bona fide purchaser for value or acquiesced in the prohibited conduct.

�� (B) Forfeiture counsel may present evidence and witnesses and cross-examine witnesses who appear at the hearing.

�� (C) The person claiming an interest in the property may testify, present evidence and witnesses and cross-examine witnesses who appear at the hearing.

�� (b) In addition to testimony and evidence presented at the hearing, the court shall consider relevant portions of the record of the criminal case that resulted in the judgment of criminal forfeiture.

�� (c) The court shall amend the judgment of criminal forfeiture in accordance with its determination if, after the hearing, the court determines that the claimant:

�� (A) Did take the property before it was seized for criminal forfeiture and in good faith and without intent to defeat the interest of the seizing agency; or

�� (B) Is a bona fide purchaser for value of the right, title or interest in the property and did not acquiesce in the prohibited conduct.

�� (d) Notwithstanding ORS 19.255 (1), a person may file a notice of appeal within 30 days after entry in the register of an order disposing of the matters at issue in the ancillary proceeding. An appeal under this paragraph is governed by the provisions of ORS chapter 19 relating to appeals in civil actions.

�� (12) When a court enters a judgment of criminal forfeiture under this section, the jurisdiction of the court continues for purposes of subsection (11) of this section and the property continues to be subject to the court�s jurisdiction. [2005 c.830 �12]

�� 131.585 Extent of judgment. (1) The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction.

�� (2) With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction, the court shall consider:

�� (a) Whether the property constitutes the defendant�s lawful livelihood or means of earning a living.

�� (b) Whether the property is the defendant�s residence.

�� (c) The degree of relationship between the property and the prohibited conduct, including the extent to which the property facilitated the prohibited conduct or could facilitate future prohibited conduct.

�� (d) The monetary value of the property in relation to the risk of injury to the public from the prohibited conduct.

�� (e) The monetary value of the property in relation to the actual injury to the public from the prohibited conduct.

�� (f) The monetary value of the property in relation to objective measures of the potential or actual criminal culpability of the person or persons engaging in the prohibited conduct, including:

�� (A) The inherent gravity of the prohibited conduct;

�� (B) The potential sentence for similar prohibited conduct under Oregon law;

�� (C) The defendant�s prior criminal history; and

�� (D) The sentence actually imposed on the defendant.

�� (g) Any additional relevant evidence. [2005 c.830 �13]

�� 131.588 Judgment of forfeiture; contents; effect. (1) If no financial institution has filed the affidavit described in ORS 131.579 (1), and if the court has failed to uphold the claim or affidavit of any other person claiming an interest in the property, the effect of the judgment is that:

�� (a) Title to the property passes to the seizing agency free of any interest or encumbrance thereon in favor of any person who has been given notice;

�� (b) The seizing agency may transfer good and sufficient title to any subsequent purchaser or transferee, and all courts, the state and the departments and agencies of this state, and any political subdivision shall recognize the title. In the case of real property, the seizing agency shall warrant the title against constitutional defect. A warranty under this paragraph is limited to the purchase price of the real property; and

�� (c) Any department, agency or officer of this state or any political subdivision whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a judgment of criminal forfeiture.

�� (2) If an affidavit is filed by a financial institution under ORS 131.579 (1), or if a person files an affidavit under ORS 131.579 (2):

�� (a) The court shall foreclose all security interests, liens and vendor�s interests of financial institutions and claimants as to which the court determines that there is a legal or equitable basis for foreclosure; and

�� (b) All other interests applicable to the property that are not foreclosed or otherwise eliminated through a judgment of foreclosure, if and to the extent that they are valid and subsisting, remain in effect and the property remains subject to them upon completion of the criminal forfeiture proceeding.

�� (3) Notwithstanding any other provision of law, if a financial institution or other person has filed an affidavit described in ORS 131.579, or if the court has upheld the claim of any claimant, then as to each item of property seized:

�� (a) If the court has determined that the property should not be forfeited and has not foreclosed the security interests, liens or other interests covering the property, the court shall render judgment in favor of the owner of the property, the property must be returned to the owner and all security interests, liens and other interests applicable to the property remain in effect as though the property had never been seized. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment. Upon the return of the property to the owner, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure.

�� (b) If the court has determined that the property should not be forfeited and has foreclosed one or more interests covering the property, including security interests or liens covering the property or contracts for the transfer or conveyance of the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure, and the court shall order the property sold pursuant to a sheriff�s sale or other sale authorized by the court within such time as may be prescribed by the court following entry of the judgment. If any interests covering the property have not been foreclosed, including any liens or security interests of a claimant whose claim has been upheld, or of a financial institution that has filed the affidavit described in ORS 131.579, the property must be sold subject to those interests. The judgment shall order the proceeds of the sale applied in the following order:

�� (A) To the payment of the costs of the sale;

�� (B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;

�� (C) To the satisfaction of the foreclosed liens, security interests and contracts in order of their priority; and

�� (D) The excess, if any, to the owner of the property.

�� (c) If the court has determined that the property should be forfeited and has foreclosed one or more security interests, liens, contracts or other interests covering the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure, and the court shall order the property sold pursuant to a sheriff�s sale or other sale authorized by the court. If any interest in the property was claimed by a financial institution or other claimant and the interest was upheld but not foreclosed, the property must be sold subject to the interest. The sale of the property must be held within such time as may be prescribed by the court following entry of the judgment. The judgment shall also order the proceeds of such sale applied in the following order:

�� (A) To the payment of the costs of the sale;

�� (B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;

�� (C) To the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority; and

�� (D) The excess, if any, to the seizing agency to be disposed of as provided in ORS 131.594 or

ORS 133.520

133.520]

�� 133.455 Receipts for property taken from person in custody; penalty. (1) Whenever any jailer, peace officer or health officer takes or receives any money or other valuables from any person in custody for safekeeping or for other purposes, the officer or jailer receiving such valuables or money forthwith shall tender one of duplicate receipts for the property being surrendered to the person in custody. If possible, the person in custody shall countersign both the original and duplicate receipts. If the person is unable to sign the receipts or receive the duplicate thereof, the same shall be signed by and delivered to the person when reasonably possible. A file of the original receipts shall be kept for at least six months after the money or valuables have been returned to the person in custody, the agent or representative of the person or other person entitled to the same.

�� (2) A person violating any of the provisions of subsection (1) of this section commits a Class B misdemeanor. [Formerly 142.210]

�� 133.460 Forfeiture of conveyances used unlawfully to conceal or transport stolen property. (1) Any boat, vehicle, aircraft or other conveyance used by or with the knowledge of the owner or the person operating or in charge thereof, other than stolen conveyances, in the unlawful transportation of livestock, livestock carcasses, poultry or other personal property, as provided in ORS 142.070, or in which any such personal property unlawfully possessed is kept or concealed by or with the knowledge of such owner or person operating or in charge thereof, shall be forfeited to the state as provided in this section.

�� (2) If the person arrested under ORS 133.465 is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner. If the sheriff is able to determine the name and address of the owner, the sheriff shall immediately notify the owner by registered or certified mail of the seizure and of the owner�s rights and duties under this section and ORS 133.465.

�� (3) A person notified under subsection (2) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure, to return the vehicle or conveyance to the movant.

�� (4) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in ORS 133.465.

�� (5) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure.

�� (6) If the court does not order the return of the vehicle or conveyance under subsection (4) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in this section and ORS 133.470 and 133.475. [Formerly

ORS 137.101

137.101 to 137.109.

�� (7) A disclaimer of a power over property that is barred under this section is ineffective. A disclaimer of an interest in property that is barred under this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under ORS 105.623 to 105.649 had the disclaimer not been barred. [2001 c.245 �13; 2007 c.483 �1]

�� 105.645 Tax qualified disclaimer. Notwithstanding any other provision of ORS 105.623 to 105.649, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Internal Revenue Code and the regulations promulgated under that code, as in effect on December 31, 2010, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under ORS 105.623 to 105.649. [2001 c.245 �14; 2011 c.526 �16]

�� 105.646 Recording of disclaimer. If an instrument transferring an interest in property or a power over property that is subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not affect the validity of the disclaimer as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. [2001 c.245 �15]

�� 105.647 Application to existing relationships. Except as otherwise provided in ORS 105.643, an interest in property or power over property existing on January 1, 2002, may be disclaimed in the manner provided by ORS 105.623 to 105.649 after January 1, 2002, unless the time for delivering or filing a disclaimer had expired under law in effect immediately before January 1, 2002. [2001 c.245 �16]

�� 105.648 Effect on recovery of money or property under ORS 411.620. ORS 105.623 to 105.649 do not allow any person to disclaim an interest in property, including any jointly held property, if the purpose or effect of the disclaimer is to prevent recovery of money or property under ORS 411.620. [2001 c.245 �17]

�� 105.649 Uniformity of application and construction. In applying and construing ORS 105.623 to 105.649, consideration must be given to the need to promote uniformity of the law with respect to disclaimers among states that enact versions of the Uniform Disclaimer of Property Interests Act. [2001 c.245 �18]

�� 105.655 [1971 c.780 �1; 1973 c.732 �4; 1979 c.258 �1; 1983 c.775 �1; 1991 c.968 �6; repealed by 1995 c.456 �9]

�� 105.660 [1971 c.780 �2; 1973 c.732 �3; repealed by 1995 c.456 �9]

�� 105.665 [1971 c.780 �3; repealed by 1995 c.456 �9]

PUBLIC USE OF LANDS

�� 105.668 Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way. (1) As used in this section:

�� (a) �Local government� has the meaning given that term in ORS 174.116.

�� (b) �Structures� means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, on an equine or on a bicycle or other nonmotorized vehicle or conveyance.

�� (c) �Unimproved right of way� means a platted or dedicated public right of way over which a street, road or highway has not been constructed to the standards and specifications of the local government with jurisdiction over the public right of way and for which the local government has not expressly accepted responsibility for maintenance.

�� (2) In a city with a population of 500,000 or greater, a personal injury or property damage resulting from use of a trail that is in a public easement or in an unimproved right of way, or from use of structures in the public easement or unimproved right of way, by a user on foot, on an equine or on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:

�� (a) The city;

�� (b) The officers, employees or agents of the city to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;

�� (c) The owner of land abutting the public easement or unimproved right of way in the city; or

�� (d) A nonprofit corporation and its volunteers for the construction and maintenance of the trail or the structures in a public easement or unimproved right of way in the city.

�� (3) A local government to which subsection (2) of this section does not apply may opt to limit liability in the manner established by subsection (2) of this section by ordinance, resolution, rule, order or other regulation for:

�� (a) The local government;

�� (b) The officers, employees or agents of the local government to the extent the officers, employees or agents are entitled to defense and indemnification under ORS

ORS 142.080

142.080]

�� 133.465 Seizure of stolen animals or other property being transported; proceedings against person arrested. (1) When any peace officer discovers any person in the act of transporting any stolen live meat food animal or fowl, any meat food animal or fowl carcass, or any part thereof, or any wool, hides, grain or any other article which has been stolen in or upon any vehicle, boat, aircraft or conveyance of any kind, the officer shall seize all such articles or things found therein, take possession of the vehicle or other conveyance and arrest any person in charge thereof.

�� (2) The officer shall at once proceed against the person arrested, under the provisions of the law which has been violated, in any court having competent jurisdiction and shall deliver the vehicle or other conveyance to the sheriff of the county in which such seizure has been made.

�� (3) The vehicle or other conveyance shall be returned to the owner if the owner is the person arrested, upon execution of a good and valid bond, with sufficient sureties in a sum double the value of the property, which bond shall be approved by the court and shall be conditioned upon the return of said property to the custody of the sheriff at a time to be specified by the court. [Formerly 142.090]

�� 133.470 Sale of seized property; rights of owner and lienholder. (1) The court, upon conviction of the person arrested pursuant to ORS 133.465, shall, unless the bona fide owner or a bona fide lienholder registers an objection as provided in this section, subject to the ownership rights of innocent third parties, order a sale of the property at public auction by the sheriff of the county where it was seized.

�� (2) The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay, according to their priorities, all liens which are established by intervention or otherwise at such hearing or in other proceedings brought for said purpose and shall pay the balance of the proceeds into the general fund of the county.

�� (3) No claim of ownership or of any right, title or interest in the vehicle or other conveyance shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence that the claimant had knowledge that the vehicle or other conveyance was used or to be used in violation of law.

�� (4) No such conveyance shall be sold under this section and unless the state proves to the court, by clear convincing evidence that the person asserting a claim of ownership or other right, title or interest in the conveyance had knowledge that such conveyance was to be used to convey stolen property, in which case the court shall order the vehicle or other conveyance to be released. All liens against property sold under this section or ORS 133.475 or 133.485 shall be transferred from the property to the proceeds of the sale of the property. [Formerly

ORS 142.100

142.100]

�� 133.475 Notice to owner. If no one claims the vehicle or other conveyance, as provided in ORS 133.470, the taking of the same with description thereof shall be advertised in some daily newspaper published in the city or county where taken or, if there is no daily newspaper published in such county or city, in a newspaper having weekly circulation in the city or county once a week for two weeks and by notice posted in three public places near the place of seizure. The legal owner, in the case of a motor vehicle, if licensed by the State of Oregon, as shown by the name and address of the legal owner in the records of the Department of Transportation, shall be notified by mail. If no claimant appears within 10 days after the last publication of the advertisement, the property shall be sold and the proceeds, after deducting the expenses and costs, shall be paid into the general fund of the county. [Formerly 142.110]

�� 133.485 Perishable property; livestock or fowls. If any of the property seized, as provided in ORS

ORS 161.450

161.450; and

�� (10) All personal property that is used or intended to be used to commit or facilitate prohibited conduct. [2005 c.830 �4]

�� 131.561 Seizure of property subject to forfeiture. (1) A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable:

�� (a) To any person on account of obedience to the order or direction; or

�� (b) For any costs incurred on account of any contamination of the delivered property. This includes, but is not limited to, any disposal costs for any property forfeited under ORS 131.558, any hazardous waste or material, any contraband or any other contamination contained in property seized under this section.

�� (2) In addition to seizures authorized by ORS 133.535, a police officer may seize property without a court order if the police officer has probable cause to believe that the property is subject to criminal forfeiture.

�� (3) Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the person having control or custody of the property shall deliver the same over to the police officer.

�� (4)(a) A police officer may seize property pursuant to an order of the court. Forfeiture counsel or a seizing agency may apply for an ex parte order directing seizure of specified property.

�� (b) Application may be made to any judge as defined in ORS 133.525. The application must be supported by one or more affidavits setting forth the facts and circumstances tending to show where the objects of the seizure are to be found. The court shall issue the order upon a finding of probable cause to believe that the described property is subject to criminal forfeiture. The order may be set out on the face of a search warrant.

�� (c) Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the order shall direct any person having control or custody of the property to deliver the same over to the seizing agency or to the court to abide judgment.

�� (5) Property may be constructively seized by posting notice of seizure for criminal forfeiture on it or by filing notice of seizure for criminal forfeiture or notice of pending criminal forfeiture in the public records that impart constructive notice of matters relating to such property. A notice that is filed must include a description of the property that is the subject of the seizure. Real property, including interests arising out of land sale contracts, may be seized only upon recording a notice of seizure containing a legal description of the property in the mortgage records of the county in which the real property is located.

�� (6) Promptly upon seizure, the officer who seized the property shall make an inventory of the property seized and shall deliver a receipt embodying the inventory to the person from whose possession the property is taken or to the person in apparent control of the property at the time it is seized. If the property is unoccupied or there is no one present in apparent control, the officer shall leave the receipt suitably affixed to the property. If the property is physically removed from the location of seizure and it is unoccupied or there is no one present in apparent control, then the officer shall promptly file the receipt in the public records of the seizing agency. Every receipt prepared under this subsection shall contain, in addition to an inventory of the property seized, the following information:

�� (a) The identity of the seizing agency; and

�� (b) The address and telephone number of the office or other place where the person may obtain further information concerning the criminal forfeiture.

�� (7) In the event that property is seized from the possession of a person who asserts a possessory lien over such property pursuant to applicable law, notwithstanding any other provision of law, any lien of the person from whom the property was seized remains in effect and is enforceable as fully as though the person had retained possession of the property. [2005 c.830 �5]

�� 131.564 Status of seized property; release; maintenance and use. (1)(a) Except as otherwise provided in ORS 131.550 to 131.600, property seized for criminal forfeiture is not subject to replevin, conveyance, sequestration or attachment. The seizure of property or the commencement of a criminal forfeiture proceeding under ORS

ORS 163.730

163.730 in more than one county, trial of the offense may be held in any county in which a contact occurred.

�� (b) If the offense is violating a court�s stalking protective order under ORS 163.750, trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 �15; 1987 c.603 �26; 1989 c.384 �1; 1993 c.680 �28; 1995 c.496 �7; 2007 c.584 �3; 2009 c.212 �1; 2023 c.151 �1]

�� 131.320 [Repealed by 1973 c.836 �358]

�� 131.325 Place of trial; doubt as to place of crime; conduct outside of state. If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has no fixed residence in this state, in the county in which the defendant is apprehended or to which the defendant is extradited. [1973 c.836 �16]

�� 131.330 [Repealed by 1973 c.836 �358]

�� 131.335 Change of venue. In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed. [1973 c.836 �17]

�� 131.340 [Repealed by 1973 c.836 �358]

�� 131.345 Motion for change of venue; when made. A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a question of fact. [1973 c.836 �18]

�� 131.350 [Amended by 1971 c.743 �316; repealed by 1973 c.836 �358]

�� 131.355 Change of venue for prejudice. The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial. [1973 c.836 �19]

�� 131.360 [Amended by 1973 c.743 �317; repealed by 1973 c.836 �358]

�� 131.363 Change of venue in other cases. For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county. [1973 c.836 �20]

�� 131.365 [1959 c.664 �5; repealed by 1973 c.836 �358]

�� 131.370 [Repealed by 1973 c.836 �358]

�� 131.375 Notification on change of venue. When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court. [1973 c.836 �21; 2017 c.252 �13]

�� 131.380 [Repealed by 1973 c.836 �358]

�� 131.385 When change of venue is complete. The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred. [1973 c.836 �22; 2017 c.252 �14]

�� 131.390 [Amended by 1971 c.746 �318; repealed by 1973 c.836 �358]

�� 131.395 Expenses of change; taxation as costs. (1) The expenses of the change of place of trial under ORS 131.363 shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held.

�� (2) The expenses of a change of place of trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 �23]

�� 131.400 [Repealed by 1973 c.836 �358]

�� 131.405 Attendance of defendant at new place of trial. (1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court.

�� (2) A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 �24]

�� 131.410 [Repealed by 1973 c.836 �358]

�� 131.415 Conveyance of defendant in custody after change of venue. When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of the correctional institution of the county where the defendant is to be tried. [1973 c.836 �25]

�� 131.420 [Amended by 1961 c.442 �1; repealed by 1973 c.836 �358]

�� 131.430 [Repealed by 1973 c.836 �358]

�� 131.440 [Repealed by 1973 c.836 �358]

�� 131.450 [Repealed by 1973 c.836 �358]

�� 131.460 [Repealed by 1973 c.836 �358]

�� 131.470 [Repealed by 1973 c.836 �358]

FORMER JEOPARDY

�� 131.505 Definitions for ORS 131.505 to 131.525. As used in ORS 131.505 to 131.525, unless the context requires otherwise:

�� (1) �Conduct� and �offense� have the meaning provided for those terms in ORS 161.085 and 161.505.

�� (2) When the same conduct or criminal episode violates two or more statutory provisions, each such violation constitutes a separate and distinct offense.

�� (3) When the same conduct or criminal episode, though violating only one statutory provision, results in death, injury, loss or other consequences of two or more victims, and the result is an element of the offense defined, there are as many offenses as there are victims.

�� (4) �Criminal episode� means continuous and uninterrupted conduct that establishes at least one offense and is so joined in time, place and circumstances that such conduct is directed to the accomplishment of a single criminal objective.

�� (5) A person is �prosecuted for an offense� when the person is charged therewith by an accusatory instrument filed in any court of this state or in any court of any political subdivision of this state, and when the action either:

�� (a) Terminates in a conviction upon a plea of guilty, except as provided in ORS 131.525 (2);

�� (b) Proceeds to the trial stage and the jury is impaneled and sworn; or

�� (c) Proceeds to the trial stage when a judge is the trier of fact and the first witness is sworn.

�� (6) There is an �acquittal� if the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. [1973 c.836 �26; 1983 c.509 �1; 2001 c.104 �42]

�� 131.515 Previous prosecution; when a bar to second prosecution. Except as provided in ORS 131.525 and 131.535:

�� (1) No person shall be prosecuted twice for the same offense.

�� (2) No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court.

�� (3) If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein.

�� (4) A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 �27; 1997 c.511 �3]

�� 131.525 Previous prosecution; when not a bar to subsequent prosecution. (1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances:

�� (a) The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination.

�� (b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because:

�� (A) It is physically impossible to proceed with the trial in conformity with law; or

�� (B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or

�� (C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or

�� (D) The jury is unable to agree upon a verdict; or

�� (E) False statements of a juror on voir dire prevent a fair trial.

�� (c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.

�� (d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.

�� (2) A plea of guilty or resulting judgment is not a bar under ORS 131.515 (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant�s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant�s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 �28; 1983 c.509 �2]

�� 131.535 Proceedings not constituting acquittal. The following proceedings will not constitute an acquittal of the same offense:

�� (1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or

�� (2) If the accusatory instrument was:

�� (a) Dismissed upon a demurrer to its form or substance;

�� (b) Dismissed upon any pretrial motion; or

�� (c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 �29; 2001 c.104 �43]

CRIMINAL FORFEITURE

�� 131.550 Definitions for ORS 131.550 to 131.600. As used in ORS 131.550 to 131.600:

�� (1) �Acquiesce in prohibited conduct� means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, �reasonable action under the circumstances� includes, but is not limited to:

�� (a) Reporting the prohibited conduct to a law enforcement agency;

�� (b) Commencing action that will assert the rights of the affiant as to the property interest;

�� (c) Terminating a rental agreement; or

�� (d) Seeking an abatement order under the provisions of ORS 105.505 to 105.520 or 105.550 to

ORS 167.212

167.212 and 167.222, any exception, excuse, proviso or exemption contained in ORS 475.005 to 475.285 and 475.752 to 475.980 shall be an affirmative defense. [1989 c.791 �16; 1995 c.440 �19; enacted in lieu of 167.242 in 1997]

�� 167.245 [Amended by 1955 c.504 �1; 1959 c.322 �1; repealed by 1971 c.743 �432]

�� 167.247 [1971 c.743 �281; 1977 c.745 �38; 1995 c.440 �20; repealed by 1997 c.592 �6 (167.248 enacted in lieu of 167.247)]

�� 167.248 Search and seizure of conveyance in which drugs unlawfully transported or possessed. A district attorney or peace officer charged with the enforcement of ORS 167.212 and 167.222, having personal knowledge or reasonable information that controlled substances are being unlawfully transported or possessed in any boat, vehicle or other conveyance, may search the same without warrant and without an affidavit being filed. If controlled substances are found in or upon such conveyance, the district attorney or peace officer may seize them, arrest any person in charge of the conveyance and as soon as possible take the arrested person and the seized controlled substances before any court in the county in which the seizure is made. The district attorney or peace officer shall also, without delay, make and file a complaint for any crime justified by the evidence obtained. [1989 c.791 �17; enacted in lieu of 167.247 in 1997]

�� 167.250 [Amended by 1959 c.322 �2; repealed by 1971 c.743 �432]

�� 167.252 Preclusion of state prosecution. No person shall be prosecuted under ORS 167.203 to 167.222 if the person has been acquitted or convicted under the federal narcotic laws of the same act or omission which it is alleged constitutes a violation of ORS 167.203 to 167.222. [1971 c.743 �282]

�� 167.255 [Repealed by 1959 c.322 �3]

�� 167.260 [Repealed by 1959 c.322 �3]

�� 167.262 Use of minor in controlled substance or marijuana item offense. (1) It is unlawful for an adult to knowingly use as an aider or abettor or to knowingly solicit, force, compel, coerce or employ a minor, with or without compensation to the minor:

�� (a) To manufacture a controlled substance or a marijuana item as defined in ORS

ORS 18.075

18.075, 18.180 and 18.194 by sections 1 to 4 of this 2005 Act apply to judgments entered on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.618 �8(1)]

�� 18.049 Adjustments to money awards. After entry of a judgment, the amount owing on the money award portion of a judgment shall be decreased by all payments made by or on behalf of the judgment debtor against the money award and shall be increased by interest accruing on the money award. In addition, the judgment creditor is entitled to recover the expenses specified in ORS 18.999 that are incurred by the judgment creditor in collecting on the judgment, in the manner provided by ORS 18.999. This section does not impose any duty on a court administrator to calculate the amount owing on the money award portion of a judgment. [2007 c.166 �5]

�� 18.050 [Amended by 1959 c.638 �6; repealed by 1981 c.898 �53]

�� 18.052 Duty of judge with respect to form of judgment document. (1) A judge rendering a judgment shall file with the court administrator a judgment document that incorporates the judgment. The judge must sign the judgment document unless the court administrator is authorized by law to sign the judgment document. Before signing a judgment document, the judge shall ensure that all requirements imposed by law for entry of the judgment have been fulfilled, including the making of any written findings of fact or conclusions of law. If a proposed judgment document submitted under ORS 18.035 does not comply with the requirements of ORS 18.038, 18.042 and 18.048, the judge may not sign the judgment document. If a proposed judgment document submitted under ORS 18.035 establishes parentage or includes a provision concerning support, but does not comply with the requirements of ORS 25.020 (8), the judge may not sign the judgment document. Unless the judgment is exempt under ORS 18.038 (2), the judge shall ensure that the title of the judgment document indicates whether the judgment is a limited judgment, general judgment or supplemental judgment. If the judgment is a limited judgment rendered under the provisions of ORCP 67 B, the judge must determine that there is no just reason for delay, but the judgment document need not reflect that determination if the title of the judgment document indicates that the judgment is a limited judgment.

�� (2) A court administrator who signs a judgment under authority granted by law has the same duties as a judge under the provisions of this section.

�� (3) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �7; 2005 c.561 �1; 2005 c.568 �14; 2025 c.592 �109]

�� 18.058 Duty of court administrator with respect to form of judgment document. (1) Except as provided in subsection (2) of this section, the court administrator shall note in the register that a judgment document has been filed if the judgment document is signed by a judge of the court, or by the court administrator if the court administrator is authorized by law to sign the judgment document, and filed with the court administrator, whether or not the judgment document complies with the requirements of ORS 18.038, 18.042 and 18.048.

�� (2) If the title of a document filed with the court administrator indicates that the document is a decree, or indicates that the document is a judgment but fails to indicate whether the judgment is a limited judgment, general judgment or supplemental judgment, the court administrator may not note in the register that a judgment document has been filed, and shall return the document to the judge, unless the judgment is exempt under ORS 18.038 (2).

�� (3) The court administrator may rely on a judgment document for entry of information in the register. The court administrator is not liable for entering any information in the register that reflects information contained in a judgment document, whether or not the information in the judgment is correct or properly presented.

�� (4) The court administrator may rely on the presence or absence of a separate section in the judgment document required by ORS 18.042 or 18.048 in determining whether a judgment contains a money award. The court administrator shall enter information in the register and in the judgment lien record only from the separate section unless otherwise ordered by the court.

�� (5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �8; 2007 c.339 �3]

�� 18.060 [Amended by 1979 c.284 �51; repealed by 1981 c.898 �53]

�� 18.062 Use of electronic judgment forms. The provisions of this chapter do not affect the ability of the Chief Justice of the Supreme Court to authorize the use of electronic judgment forms pursuant to rules adopted under ORS 1.002 (2). [2005 c.568 �41]

�� 18.070 [Repealed by 1981 c.898 �53]

ENTRY OF JUDGMENTS IN REGISTER

�� 18.075 Entry of judgments in circuit courts generally. (1) A judgment is entered in circuit court when a court administrator notes in the register that a judgment document has been filed with the court administrator.

�� (2) Subject to ORS 18.058 (2), when a judge files a judgment document with the court administrator, the court administrator shall note in the register:

�� (a) That the judgment document has been filed and the day, hour and minute that the judgment is entered.

�� (b) Whether the judgment is a limited judgment, a general judgment or a supplemental judgment.

�� (c) Whether the judgment includes a money award.

�� (d) Whether the judgment creates a judgment lien under ORS 18.150.

�� (3) If the court administrator notes in the register that a judgment creates a judgment lien, the court administrator shall note in a judgment lien record maintained by the court administrator:

�� (a) The name of all judgment debtors.

�� (b) The name of all judgment creditors.

�� (c) The amount of the money award.

�� (d) Whether the money award includes a support award or an award of restitution.

�� (4) If the court administrator makes a notation of judgment in the judgment lien record, the court administrator shall thereafter also note in the judgment lien record:

�� (a) The date on which any appeal is filed.

�� (b) Whether a supersedeas undertaking, as defined in ORS 19.005, is filed.

�� (c) The date of any decision on appeal.

�� (d) Any execution issued by the court and the return on any execution.

�� (e) Any satisfaction of the judgment, when entered.

�� (f) Other such information as may be deemed necessary by court order or court rule.

�� (5) The court administrator shall enter a judgment in the register within 24 hours after the judgment document is filed with court administrator, excluding Saturdays and legal holidays. If the court administrator is not able to enter the judgment within the time prescribed in this subsection, or fails to do so, the court administrator shall enter the judgment as soon as practicable thereafter.

�� (6) Except as provided in ORS 18.058, the court administrator shall be subject to the direction of the court in entering judgments in the register.

�� (7) The court administrator shall not delay entry of judgment under ORCP 68 for taxation of attorney fees or costs and disbursements.

�� (8) Administrative orders entered in the register under ORS 25.529 have the effect provided for in that section.

�� (9) The State Court Administrator shall ensure that the register and the judgment lien record be established and maintained in a uniform manner in the circuit courts.

�� (10) References in Oregon Revised Statutes to docketing of a judgment are equivalent to entry of a judgment as described in subsection (1) of this section.

�� (11) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �9; 2005 c.568 �15; 2005 c.618 �2; 2007 c.339 �2; 2011 c.398 �1]

�� Note: See note under 18.048.

�� 18.078 Notice of entry of judgment in circuit court civil action. (1) Upon entering a judgment in a civil action, or entry of any corrected judgment under ORS 18.107, the court administrator shall mail the notice described in subsection (2) of this section to the attorneys of record for each party that is not in default for failure to appear. If a party does not have an attorney of record, and is not in default for failure to appear, the court administrator shall mail the notice to the party. The court administrator shall note in the register that the notice required by this section was mailed as required by this section.

�� (2) The notice required by this section must reflect:

�� (a) The date the judgment was entered.

�� (b) Whether the judgment was entered as a limited judgment, a general judgment or a supplemental judgment.

�� (c) Whether the court administrator noted in the register that the judgment contained a money award.

�� (d) Whether the court administrator noted in the register that the judgment creates a judgment lien.

�� (3) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.

�� (4) This section does not apply to judgments in juvenile proceedings under ORS chapter 419A, 419B or 419C, civil commitment proceedings, probate proceedings, adoptions or guardianship or conservatorship proceedings under ORS chapter 125. [2003 c.576 �10; 2005 c.568 �16]

�� 18.080 [Amended by 1971 c.365 �1; repealed by 1981 c.898 �53]

�� 18.082 Effect of entry of judgment. (1) Upon entry of a judgment, the judgment:

�� (a) Becomes the exclusive statement of the court�s decision in the case and governs the rights and obligations of the parties that are subject to the judgment;

�� (b) May be enforced in the manner provided by law;

�� (c) May be appealed in the manner provided by law;

�� (d) Acts as official notice of the court�s decision; and

�� (e) May be set aside or modified only by the court rendering the judgment or by another court or tribunal with the same or greater authority than the court rendering the judgment.

�� (2) A general judgment incorporates a previous written decision of the court that decides one or more requests for relief in the case and that:

�� (a) Is not a judgment;

�� (b) Is consistent with the terms of the general judgment and any limited judgments in the case; and

�� (c) Reflects an express determination by the court that the decision be conclusive as to the requests for relief that are resolved.

�� (3) Upon entry of a general judgment, any request for relief in the action that is not decided by the general judgment or by a previous limited judgment, that has not been incorporated into the general judgment under subsection (2) of this section, or that cannot be decided by a supplemental judgment, is dismissed with prejudice unless the judgment provides that the dismissal is without prejudice.

�� (4) Subsection (3) of this section does not affect the right of any party to assign error on appeal to any decision of a court made by order during an action.

�� (5) Subsection (3) of this section does not apply to a general judgment of dismissal. Except as otherwise provided by law, by the Oregon Rules of Civil Procedure or by the terms of the judgment, a general judgment of dismissal is without prejudice as to any request for relief in the action.

�� (6) If a document labeled as a decree is filed with the court administrator, or a judgment document is filed with the court administrator that does not indicate whether the judgment is a limited, general or supplemental judgment, and the court administrator fails to comply with ORS 18.058 and makes an entry in the register indicating that a judgment has been filed with court administrator, the document has the effect of a general judgment entered in circuit court. [2003 c.576 �11; 2005 c.568 �17]

�� 18.090 [Amended by 1979 c.284 �52; repealed by 1981 c.898 �53]

�� 18.100 [Repealed by 1981 c.898 �53]

�� 18.105 [1975 c.106 �1; 1977 c.208 �2; repealed by 1979 c.284 �199]

CORRECTIONS TO JUDGMENTS

�� 18.107 Corrections to civil judgments. (1) A court may correct the terms of a civil judgment previously entered as provided in ORCP 71. The court may make the correction by signing a corrected judgment document and filing the document with the court administrator. The title of the judgment document must reflect that the judgment is a corrected limited judgment, corrected general judgment or a corrected supplemental judgment.

�� (2) Unless a correction to a judgment affects a substantial right of a party, the time for appeal of the judgment commences upon entry of the original judgment.

�� (3) If the correction of a judgment affects a substantial right of a party, and the corrected judgment is entered before the time for appealing the original judgment has expired, the time for appeal of the judgment commences upon entry of the corrected judgment. If the correction affects a substantial right of a party, and the corrected judgment is entered after the time for appealing the original judgment has expired, the time for appeal of the corrected portions of the judgment and all other portions of the judgment affected by the correction commences upon entry of the corrected judgment.

�� (4) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.

�� (5) This section does not apply to juvenile proceedings under ORS chapter 419B. [2003 c.576 �12]

�� 18.110 [Repealed by 1981 c.898 �53]

�� 18.112 Correction of designation of judgment as general judgment. (1) Upon motion of any party, the court may enter a corrected judgment under ORS 18.107 that changes the designation of a judgment from a general judgment to a limited judgment if the moving party establishes that:

�� (a) Except by operation of ORS 18.082 (3), the judgment does not decide all requests for relief in the action other than requests for relief previously decided by a limited judgment or requests for relief that could be decided by a supplemental judgment; and

�� (b) The judgment was inadvertently designated as a general judgment under circumstances that indicate that the moving party did not reasonably understand that the requests for relief that were not expressly decided by the judgment would be dismissed.

�� (2) A motion under subsection (1) of this section must be filed within the time provided by ORCP 71 B.

�� (3) Upon motion of any party, the court shall enter a corrected judgment under ORS 18.107 that changes to a limited judgment any document that has the effect of a general judgment under the provisions of ORS 18.082 (6) unless all requests for relief in the action are decided by the terms of the document, by previous limited judgments entered in the action or by written decisions of the court that are incorporated in a general judgment under the provisions of ORS 18.082 (2).

�� (4) Notwithstanding ORS 18.107, the time for appeal of the judgment corrected under this section commences from the entry of the corrected judgment. A motion may be filed under this section while an appeal is pending as provided in ORCP 71 B(2).

�� (5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �13; 2005 c.568 �18]

�� 18.115 [1975 c.623 �12; 1979 c.284 �53; repealed by 1981 c.898 �53]

�� 18.120 [Repealed by 1981 c.898 �53]

�� 18.125 [1977 c.208 �3; repealed by 1981 c.898 �53]

�� 18.130 [Repealed by 1977 c.208 �5]

�� 18.135 [Formerly 15.100; repealed by 1981 c.898 �53]

�� 18.140 [Amended by 1957 c.348 �1; 1973 c.207 �2; repealed by 1979 c.284 �199]

JUDGMENT LIENS

�� 18.150 Judgment liens in circuit courts. (1) If a judgment document filed with a court administrator under ORS 18.075 (2) includes a money award and complies with ORS 18.042 (1) or 18.048 (1), the court administrator shall note in the register of a circuit court that the judgment creates a judgment lien unless:

�� (a) The judgment is entered in the small claims department of a circuit court in an amount of less than $3,000, exclusive of costs, and the judgment creditor has not created a judgment lien for the judgment as provided in ORS 46.488;

�� (b) The judgment is entered in a criminal action for conviction of a violation, and the court does not order under ORS 18.048 (4) that the judgment creates a judgment lien;

�� (c) The judgment is entered under ORS 153.820; or

�� (d) The judgment does not create a lien by operation of other law.

�� (2) Except as provided in this section, if the court administrator notes in the register that a judgment creates a judgment lien, the judgment has the following effect in the county in which the judgment is entered:

�� (a) When the judgment is entered, the judgment lien attaches to all real property of the judgment debtor in the county at that time; and

�� (b) The judgment lien attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is entered and before the judgment lien expires.

�� (3) Except as provided in this section, if the court administrator notes in the register that a judgment creates a judgment lien and the judgment contains a support award, the support award portion of the judgment has the following effect in the county in which the judgment is entered:

�� (a) Any lump sum support award existing when the judgment is entered creates a support arrearage lien and has the effect specified by subsection (2) of this section;

�� (b) When an installment becomes due under the terms of the support award and is not paid, a support arrearage lien for the unpaid installment attaches to all real property of the judgment debtor in the county at that time; and

�� (c) When an installment becomes due under the terms of the support award and is not paid, a support arrearage lien attaches to all real property that the judgment debtor thereafter acquires in the county for the purpose of enforcing the unpaid installment, and remains attached to that property until satisfaction is made for the installment or the judgment lien arising from support award portion of the judgment expires.

�� (4) Real property may be conveyed or encumbered free of a judgment lien created by the support award portion of a judgment, but the conveyance or encumbrance is subject to any support arrearage lien that attached to the real property under this section or ORS 18.152.

�� (5) A judgment lien does not attach to any real property of a judgment debtor acquired after the debt giving rise to the judgment is discharged under federal bankruptcy laws. Debts are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the debt has been discharged.

�� (6) A court administrator may rely on the judgment document to determine whether a judgment creates a judgment lien.

�� (7) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �14; 2005 c.568 �19]

�� 18.152 Establishing judgment liens in other counties. (1) At any time after a judgment that creates a judgment lien is entered under ORS 18.150 and before the expiration of the judgment remedies for the judgment, a judgment creditor may create a judgment lien for the judgment in any other county of this state by recording the judgment in the County Clerk Lien Record for that county. The judgment may be recorded by recording a certified copy of the judgment document or a lien record abstract for the judgment.

�� (2) Except as provided in this section, a judgment recorded under this section has the following effect in the county in which the judgment is recorded:

�� (a) When the judgment is recorded, the judgment lien attaches to all real property of the judgment debtor in the county at that time; and

�� (b) The judgment lien attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is recorded and before the judgment lien expires.

�� (3) Except as provided in this section, if a judgment recorded under this section contains a support award, the support award portion of the judgment has the following effect in the county in which the judgment is recorded:

�� (a) When the judgment is recorded, a support arrearage lien attaches to all real property of the judgment debtor in the county at that time for any unpaid lump sum support award contained in the judgment or any unpaid installment that became due under the terms of the support award before the judgment was recorded.

�� (b) A support arrearage lien for any unpaid lump sum support award contained in the judgment or any unpaid installment that became due under the terms of the support award before the judgment was recorded attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is recorded and before full satisfaction is made for the lump sum or installment or the judgment lien of the support award portion of the judgment expires.

�� (c) If an installment becomes due under the terms of the support award and is not paid after the judgment is recorded, a support arrearage lien for the installment attaches to all real property of the judgment debtor in the county at the time the installment becomes due and attaches to all real property that the judgment debtor thereafter acquires in the county until full satisfaction is made for the installment or the judgment lien of the support award portion of the judgment expires.

�� (4)(a) If a certificate of extension is filed under ORS 18.182, and the certificate is filed before the judgment is recorded under this section, a judgment creditor may record a certified copy of the certificate or a lien record abstract for the certificate with the judgment. The recording shall act to extend the judgment lien of a judgment, and any support arrearage lien, in the county for the time provided in ORS 18.180 to 18.190.

�� (b) If a certificate of extension is filed under ORS 18.182, and the certificate is filed after the judgment is recorded under this section, a judgment creditor may record a certified copy of the certificate or a lien record abstract for the certificate in the County Clerk Lien Record in any county in which the judgment has been recorded under subsection (1) of this section. If the recording is made before the time that the judgment lien for the judgment would otherwise have expired under ORS 18.180 to 18.190, the recording extends the judgment lien of the judgment, without loss of priority, for the time provided in ORS 18.180 to 18.190. If the recording is made after the time that the judgment lien for the judgment would otherwise have expired under ORS 18.180 to

ORS 18.180

18.180 to 18.190 may be filed only in the court in which the judgment was originally entered.

�� (6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �30; 2017 c.252 �11]

�� 18.260 [Amended by 1971 c.224 �1; repealed by 1979 c.284 �199]

(Proceedings in Support of Execution)

�� 18.265 Debtor examination. (1) At any time after a judgment is entered, a judgment creditor may upon motion obtain an order requiring the judgment debtor to appear before the court or a referee appointed by the court at the time and place specified in the order, and requiring the judgment debtor to answer under oath questions concerning any property or interest in property that the judgment debtor may have or claim. The motion must be supported by one of the following:

�� (a) Proof of service of a notice of demand to pay the judgment within 10 days. The notice of demand must be served in the same manner as a summons or by any form of mail addressed to the judgment debtor and requesting a receipt. Service by mail under this paragraph is effective on the date of mailing.

�� (b) A return of a writ of execution showing that the judgment has not been satisfied.

�� (c) A garnishee response to a writ of garnishment that does not fully satisfy the judgment.

�� (2) Only the following courts may issue an order under this section:

�� (a) The court in which the original judgment was entered.

�� (b) Any circuit court for the county in which the judgment debtor resides and in which the judgment has been recorded under ORS 18.152.

�� (c) Any circuit court for the county in which the principal place of employment of the judgment debtor is located and in which the judgment has been recorded under ORS 18.152.

�� (3) If a motion under this section is filed in the court specified by subsection (2)(b) or (c) of this section, a certified copy of the judgment or a certified copy of the recording made in the County Clerk Lien Record of the county must be filed with the motion unless a transcript of the judgment has been filed with the court under ORS 18.255.

�� (4) Except as provided in this section, a judgment debtor may not be required to attend in a county other than the county in which the judgment debtor resides or may be found at the time of service of the order requiring the appearance, unless the place where the judgment debtor is to appear is not more than 100 miles from the residence of the judgment debtor.

�� (5) If the judgment debtor resides more than 100 miles from the place of examination, the judgment debtor shall be required to appear and shall be paid mileage at the time of the hearing as provided for witnesses in ORS 44.415.

�� (6) Upon motion and good cause shown, the court may order that proceedings under this section be conducted at a time or place other than the time or place specified in the original order.

�� (7) The court may at any time enter an order restraining the judgment debtor from selling, transferring or in any manner disposing of any property of the judgment debtor that is subject to execution pending an examination under this section. [2003 c.576 �31]

�� 18.268 Conduct of debtor examination; seizure of property. (1) A judgment debtor may be examined on oath concerning the judgment debtor�s property in a debtor�s examination. Upon request by the judgment creditor, the proceedings shall be reduced to writing and filed with the court administrator. The judgment creditor and judgment debtor may subpoena and examine witnesses.

�� (2) If it appears that the judgment debtor has any property that may be applied against the judgment, the court may order that the property be seized for application against the judgment. [2003 c.576 �32]

�� 18.270 Written interrogatories. (1) At any time after a judgment is entered, a judgment creditor may serve written interrogatories relating to the judgment debtor�s property and financial affairs on a judgment debtor. The interrogatories may be personally served in the manner provided for summons or may be served by any form of mail addressed to the judgment debtor and requesting a receipt. Service by mail under this subsection is effective on the date of mailing. The interrogatories shall notify the judgment debtor that the judgment debtor�s failure to answer the interrogatories truthfully shall subject the judgment debtor to the penalties for false swearing as provided in ORS 162.075 and for contempt of court as provided in ORS 33.015 to 33.155.

�� (2) Within 20 days after receipt of the interrogatories, the judgment debtor must answer all questions under oath and return the original interrogatories to the judgment creditor.

�� (3) Failure of the judgment debtor to comply with the provisions of this section is contempt of court, and the judgment creditor may commence proceedings under the provisions of ORS 33.015 to 33.155. [2003 c.576 �33; 2005 c.22 �7]

EXEMPT PROPERTY

(Generally)

�� 18.300 Resident entitled to use federal exemptions or state exemptions in bankruptcy. (1) For purposes of a bankruptcy petition, a resident of this state may use the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) or the exemptions given to residents of this state under state law, but may not use both.

�� (2)(a) If a resident of this state uses any of the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) for purposes of a bankruptcy petition, the resident may not use any of the exemptions given to residents of this state under state law.

�� (b) If a resident of this state uses any of the exemptions given to residents of this state under state law for purposes of a bankruptcy petition, the resident may not use any of the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)).

�� (3) This section does not apply to executions. [Formerly 23.305; 2013 c.597 �4]

�� 18.305 Property not exempt from execution for purchase price. No article of property, or if the same has been sold or exchanged, then neither the proceeds of such sale nor the articles received in exchange therefor, shall be exempt from execution issued on a judgment recovered for its price. [Formerly 23.220]

�� 18.310 [Amended by 1967 c.471 �1; repealed by 1979 c.284

�199]

�� 18.312 Execution not to issue against property of deceased party; exception. (1) Except as provided in subsection (2) of this section, execution may not be issued against the property of a deceased party. Except as provided in subsection (2) of this section, a judgment against a deceased party may be collected only by making a claim against the estate of the deceased party in the manner prescribed by ORS chapter 115 or ORS 114.505 to 114.560.

�� (2) This section does not prevent the issuance of execution and sale of property pursuant to a judgment of foreclosure and sale of property of the decedent. If the amount realized from the sale of property is not sufficient to satisfy the judgment and collection of the deficiency is otherwise allowed by law, the amount of the deficiency may be collected by making a claim against the estate in the manner prescribed by ORS chapter 115 or ORS 114.505 to 114.560.

�� (3) The stay imposed by subsection (1) of this section:

�� (a) Expires when the property ceases to be property of the estate, including but not limited to upon conveyance of the property by the personal representative to a third party or upon distribution by the personal representative; and

�� (b) Does not diminish the lien effect of a judgment or bar execution based on a lien when execution commences after the property ceases to be property of the estate. [Formerly

ORS 18.190

18.190, the recording extends the judgment lien of the judgment for the time provided in ORS 18.180 to 18.190, but the lien is subordinate to all other interests that are of record on the date the certificate or lien record abstract is recorded.

�� (5) When the judgment lien of a judgment expires in the county in which the judgment was originally entered, the judgment lien and any support arrearage lien created under this section expires in the other county or counties in which the judgment has been recorded.

�� (6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �15; 2005 c.568 �20]

�� 18.154 Appeal; motion to eliminate lien. A judgment debtor who appeals a judgment may move the trial court for elimination of the judgment lien created by the judgment. A court may grant a motion under this section if the judgment debtor files a supersedeas undertaking, as defined in ORS 19.005, and provides such additional security as may be required by the court to ensure that adequate amounts will be available to satisfy the judgment if affirmed on appeal. If the court grants the motion, the court administrator shall note in the register and in the judgment lien record that the judgment lien has been eliminated. [2003 c.576 �16; 2007 c.339 �4]

�� 18.158 Judgment lien based on judgment for child support or spousal support entered in another state. (1) At any time after a judgment for unpaid child support or unpaid spousal support becomes effective in another state and before the expiration or satisfaction of that judgment under the other state�s law, a judgment creditor under the judgment may record a certified copy of the judgment or a lien record abstract for the judgment in the County Clerk Lien Record for any county in this state.

�� (2) If a judgment of another state described in subsection (1) of this section is extended or renewed under the laws of the state that rendered the judgment, a judgment creditor under the judgment may record a certified copy of the extension or renewal in the County Clerk Lien Record for any county in this state or may record a lien record abstract for extension or renewal in the County Clerk Lien Record for any county in this state.

�� (3) Upon recording a judgment, lien record abstract, extension or renewal under this section, the judgment creates a judgment lien as described in ORS 18.152 (3).

�� (4) When the judgment expires in the state in which the judgment was originally entered, the judgment lien and any support arrearage lien created under this section expire in every county in which the judgment has been recorded under this section.

�� (5) Liens arising by operation of law in another state against real property for amounts of overdue payments under a support order, as defined in ORS 110.503, shall be accorded full faith and credit if the state agency, party or other entity seeking to enforce the lien follows the applicable procedures for recording and service of notice of claim of lien as required by this section. A state agency, party or other entity may not file an action to enforce a lien described in this section until the underlying judgment has been filed in Oregon as provided in ORS chapter 110.

�� (6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �17; 2015 c.298 �83]

�� 18.160 [Repealed by 1981 c.898 �53]

�� 18.162 Judgment lien based on justice and municipal court judgments; satisfaction filing fee. (1) Subject to the requirements of this section and ORS 221.344, from the time that a judgment of a justice or municipal court is transcribed or recorded as provided in ORS 52.635 or 221.351, the judgment creates a judgment lien as described in ORS 18.152.

�� (2) The judgment lien of a judgment entered in a justice or municipal court may be eliminated as provided in ORS 18.154 if an appeal is taken from the judgment. The clerk of the justice or municipal court shall note the elimination of the lien in the judgment docket.

�� (3) When the lien of a justice or municipal court judgment ceases in the county in which the judgment was originally recorded or transcribed, the lien shall cease in every other county in which a certified copy of the judgment or a lien record abstract has been recorded. When the judgment has been fully satisfied, it is the responsibility of the judgment creditor to file a full satisfaction in any circuit court to which the judgment has been transcribed under ORS 52.635, and to record the satisfaction in the County Clerk Lien Record for the county in which the court is located if a certified copy of the judgment or a lien record abstract for the judgment was recorded in that County Clerk Lien Record. Upon satisfaction in full of the judgment, the judgment creditor shall deliver to the judgment debtor an executed satisfaction of the judgment for any other county where a certified copy of the judgment or a lien record abstract has been recorded. The county clerk shall charge a fee as provided in ORS 205.320 for filing a satisfaction of judgment. [Formerly 18.355]

�� 18.165 Priority of judgment lien over unrecorded conveyance. (1) If a judgment with lien effect under ORS 18.150, 18.152 or 18.158 is entered or recorded in a county before a conveyance, or a memorandum of a conveyance, of real property of the debtor is recorded in that county, the conveyance of the judgment debtor�s interest is void as against the lien of the judgment unless:

�� (a) The grantee under the conveyance is a purchaser in good faith for a valuable consideration, the conveyance is delivered and accepted before the judgment is entered or recorded in the county where the property is located and the conveyance or memorandum of the conveyance is recorded within 20 days after delivery and acceptance of the conveyance, excluding Saturdays and legal holidays under ORS

ORS 187.010

187.010 and 187.020;

�� (b) The judgment creditor has actual notice, record notice or inquiry notice of a conveyance of the debtor�s interest to a grantee when the judgment is entered or recorded in the county;

�� (c) The conveyance by the debtor is a fulfillment deed entitled to priority over the judgment under ORS 93.645; or

�� (d) The conveyance is a mortgage, trust deed or other security instrument given by the debtor to secure financing for the purchase by the debtor of the real property described in the conveyance.

�� (2) For the purpose of subsection (1)(a) of this section, a memorandum of conveyance must contain the date of the instrument being memorialized, the names of the parties, a legal description of the real property involved and a description of the nature of the interest created. The memorandum must be signed by the person from whom the interest is intended to pass, and be acknowledged or proved in the manner provided for the acknowledgment or proof of deeds.

�� (3) As used in this section:

�� (a) �Conveyance� means a deed, a land sale contract, an assignment of all or any portion of a seller�s or purchaser�s interest in a land sale contract or any other agreement affecting the title of real property within this state, including a trust deed, a mortgage, an assignment for security purposes or an assignment solely of proceeds, given by a purchaser or seller under a land sale contract or given by a person with title to the real property.

�� (b) �Grantee� means:

�� (A) The person deemed to be the mortgagee under a trust deed pursuant to ORS 86.715; and

�� (B) Any other person to whom the interest that is the subject of a conveyance is intended to pass. [Formerly 18.370; 2005 c.568 �21; 2007 c.166 �1]

�� 18.170 Form for lien record abstract; rules. (1) Unless otherwise prescribed by law, a person recording a lien record abstract shall use substantially the following form:

LIEN RECORD ABSTRACT

The undersigned states:

A.� Creditor/Prevailing Party Information:

�� __� 1.�� The creditor/prevailing party is:

�� ___

�� and the address of the creditor is:

�� ___

�� under judgment, order or petition

�� entered on _____ (date) in

�� the _____ Court for

�� _ (County) of ___ (State)

�� under Case No. _____.

�� __� 2.�� The creditor�s attorney�s name is

�� ___

�� Attorney�s Address is:

�� ___

�� Attorney�s Phone No. is: ______

B.� Debtor/Losing Party Information:

�� __� 1.�� The debtor/losing party is:

�� ___

�� __� 2.�� Debtor�s address (if known):

�� ___

�� __� 3.�� The final four digits of the debtor�s

�� Taxpayer Identification No.,

�� or the final four digits of

�� the debtor�s Social Security No.

�� (if known):

�� ___

�� __� 4.�� The final four digits of the debtor�s

�� driver license no. and state of

�� issuance for the license (if known):

�� ___

�� __� 5.�� Name of debtor�s attorney

�� (if known):

�� ___

C.� Judgment Information:

�� __� 1.�� The amount of the judgment is:

�� ___

�� __� 2.�� The amount of the costs is:

�� ___

�� __� 3.�� The amount of attorney fees, if any

�� is: ___

D.� The Real or Personal Property to Be

�� Affected

�� (Check appropriate box):

�� __� All real property of the debtor/losing

�� party, now or hereafter acquired,

�� in __ County as provided

�� under ORS 18.152

�� __� The following described real or

�� personal property of debtor (legal

�� description as set forth or on

�� attached Exhibit):

�� ___

�� IN WITNESS WHEREOF, the

�� undersigned person or persons have

�� executed this�� abstract this ___ day

�� of __, 2_.

__�� ____

State of Oregon�� )

�� )�� ss.

County of _____�� )

�� The foregoing instrument was acknowledged before me this ___ day of , 2, by ______.

Notary Public for Oregon

My commission expires: ___

State of Oregon�� )

�� )�� ss.

County of _____�� )

�� The foregoing instrument was acknowledged before me this ___ day of , 2, by __ and by _ of ___, a corporation on behalf of the corporation.

Notary Public for Oregon

My commission expires: ___

�� (2) A lien record abstract that is the result of a judgment for unpaid child or spousal support entered in another state shall be on the form prescribed by rules adopted by the Department of Justice in lieu of the form required by subsection (1) of this section. [Formerly 18.325; 2009 c.230 �2; 2015 c.197 �3]

EXPIRATION AND EXTENSION OF JUDGMENT REMEDIES

�� 18.180 Expiration of judgment remedies in circuit court. (1) Judgment remedies for a judgment expire upon full satisfaction of the money award portion of the judgment.

�� (2) If a judgment lien arises out of a support award under ORS 18.150 (3) or 18.152 (3), a support arrearage lien attaching to real property under the judgment lien expires upon satisfaction of the unpaid installment that gave rise to the support arrearage lien.

�� (3) Except as provided in ORS 18.180 to 18.190, judgment remedies for a judgment in a civil action expire 10 years after the entry of the judgment.

�� (4) Except as provided in this subsection, judgment remedies for a judgment in a criminal action expire 20 years after the entry of the judgment. Judgment remedies for a judgment in a criminal action that includes a money award for restitution expire 50 years after the entry of the judgment.

�� (5) Judgment remedies for the child support award portion of a judgment, and any lump sum support award for child support, expire 35 years after the entry of the judgment that first establishes the support obligation.

�� (6)(a) Except as provided by paragraph (b) of this subsection and ORS 18.190, judgment remedies for any unpaid installment under the spousal support award portion of a judgment, including any installment arrearage lien arising under the judgment, expire 25 years after the entry of the judgment that first establishes the support obligation, or 10 years after an installment comes due under the judgment and is not paid, whichever is later.

�� (b) The judgment lien for the spousal support award portion of a judgment that is entered on or after January 1, 2004, including any installment arrearage lien arising under the judgment, expires 25 years after the entry of the judgment that first establishes the support obligation unless a certificate of extension is filed under ORS 18.185.

�� (7)(a) If a money award in a judgment under ORS 107.105 (1)(f) provides for a future payment of money, judgment remedies for the portion of the judgment providing for future payment expire 10 years after the date on which the future payment becomes due. At any time before the judgment remedies for a money award described in this subsection expire, judgment remedies for the portion of the judgment providing for a future payment may be extended as provided in ORS 18.182.

�� (b) This subsection does not apply to support awards.

�� (8) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �18; 2005 c.568 �22; 2005 c.618 �1; 2007 c.22 �1; 2009 c.354 �1; 2015 c.212 �22]

�� Note: See note under 18.048.

�� Note: Section 2, chapter 354, Oregon Laws 2009, provides:

�� Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 18.180 by section 1 of this 2009 Act apply to all judgments, whether entered before, on or after the effective date of this 2009 Act [January 1, 2010].

�� (2) The amendments to ORS 18.180 by section 1 of this 2009 Act do not operate to revive any judgment remedies that expired before the effective date of this 2009 Act under the provisions of ORS 18.180 as in effect immediately before the effective date of this 2009 Act. [2009 c.354 �2]

�� 18.182 Extension of judgment remedies. (1) Judgment remedies for a judgment may be extended by filing a certificate of extension in the court that entered the judgment. The court administrator shall enter the certificate in the register of the court and in the judgment lien record. Except as provided in ORS 18.180 to 18.190, a judgment creditor may file a certificate of extension only if:

�� (a) Judgment remedies for the judgment have not expired under ORS 18.180; and

�� (b) A full satisfaction document for the money award portion of the judgment has not been filed.

�� (2) Notwithstanding subsection (1) of this section, if the judgment debtor has been discharged from debt under federal bankruptcy laws, a certificate of extension may not be filed except as provided in this subsection. Judgments are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the judgment has been discharged. If the judgment debtor is discharged from a debt, a certificate of extension may be filed if:

�� (a) The debtor owned real property and the judgment lien attached to that property before the filing of the bankruptcy petition;

�� (b) The judgment lien was not avoided by action of the bankruptcy court;

�� (c) The judgment lien has not been discharged under ORS 18.238; and

�� (d) The certificate of extension includes a legal description of the real property and a statement that the extension affects only the lien on the real property described in the certificate.

�� (3) A certificate of extension must be signed by the judgment creditor, or by an attorney who represents the judgment creditor.

�� (4) Subject to ORS 18.190, if a certificate of extension is filed after the date on which the judgment remedies for the judgment expire under ORS 18.180, the certificate has no effect.

�� (5) The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.

�� (6) A certified copy of a certificate of extension, or a lien record abstract for the certificate, may be recorded in any county in which the judgment was recorded under ORS 18.152, with the effect provided by ORS 18.152 (4).

�� (7) Except as provided in ORS 18.185 and 18.190, the judgment remedies for the support award portion of a judgment, and any lump sum money award for unpaid child support installments, may not be extended under this section.

�� (8) The judgment remedies for a judgment in a criminal action may not be extended under this section.

�� (9) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �19; 2007 c.339 �5; 2015 c.212 �23]

�� 18.185 Extension of judgment lien of spousal support award. (1) If a judgment that is entered on or after January 1, 2004, includes a spousal support award, a judgment creditor may file a certificate of extension under ORS 18.182 at any time more than 15 years after the entry of the judgment that first establishes the support obligation and before the judgment lien for the spousal support award portion of a judgment expires under ORS 18.180 (6)(b). If a certificate of extension is filed under this subsection:

�� (a) The judgment lien for the spousal support award portion of the judgment expires 10 years after the certificate of extension is filed; and

�� (b) Any installment arrearage lien that arises under the judgment, whether before or after the filing of the certificate, expires 10 years after the installment comes due and is not paid or when the judgment lien for the spousal support award portion of the judgment expires under paragraph (a) of this subsection, whichever is first.

�� (2) Notwithstanding ORS 18.182 (5), certificates of extension under ORS 18.182 may continue to be filed in the manner provided by subsection (1) of this section and with like effect for as long as the judgment lien for the spousal support award portion of a judgment has not expired and any installments remain to be paid under the judgment. [2003 c.576 �20]

�� 18.190 Spousal support awards in judgments entered before January 1, 2004. (1) The judgment lien for the spousal support award portion of a judgment that is entered before January 1, 2004, including any installment arrearage liens that arise under the judgment, expires 10 years after the entry of the judgment that first establishes the support obligation unless a certificate of extension is filed under ORS 18.182, or the judgment was renewed in the manner provided by the statutes in effect immediately before January 1, 2004, within 10 years after the judgment was entered.

�� (2) ORS 18.180 (6) does not operate to revive the judgment lien of any judgment that expired before January 1, 2004, under the statutes in effect immediately before January 1, 2004.

�� (3) This section and ORS 18.180 (6) do not limit the time during which judgment remedies are available for any judgment entered before January 1, 2004, and those judgments may continue to be enforced for the time provided by the law in effect immediately before January 1, 2004, subject to any requirement for renewal of those judgments. [2003 c.576 �21]

�� 18.192 [2003 c.576 �22; repealed by 2015 c.212 �20]

�� 18.194 Expiration and extension of judgment remedies for justice and municipal court judgments. (1) Judgment remedies for a judgment in justice and municipal courts expire upon full satisfaction of the money award portion of the judgment.

�� (2) Except as provided in this section, judgment remedies for a judgment in a civil action in a justice or municipal court expire 10 years after the entry of the judgment.

�� (3) Except as provided in this subsection, judgment remedies for a judgment in a criminal action in a justice or municipal court expire 20 years after the entry of the judgment. Judgment remedies for a judgment in a criminal action in a justice or municipal court that includes a money award for restitution expire 50 years after the entry of the judgment.

�� (4) Judgment remedies for a judgment in justice or municipal court may be extended by filing a certificate of extension in the court that entered the judgment. The clerk shall enter the certificate in the docket of the court. A judgment creditor may file a certificate of extension only if:

�� (a) Judgment remedies for the judgment have not expired; and

�� (b) A full satisfaction document for the money award portion of the judgment has not been filed.

�� (5) Notwithstanding subsection (4) of this section, if the judgment debtor has been discharged from debt under federal bankruptcy laws, a certificate of extension may not be filed except as provided in this subsection. Judgments are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the judgment has been discharged. If the judgment debtor is discharged from a debt, a certificate of extension may be filed if:

�� (a) The debtor owned real property and the judgment lien attached to that property before the filing of the bankruptcy petition;

�� (b) The judgment lien was not avoided by action of the bankruptcy court;

�� (c) The judgment lien has not been discharged under ORS 18.238; and

�� (d) The certificate of extension includes a legal description of the real property and a statement that the extension affects only the lien on the real property described in the certificate.

�� (6) If a certificate of extension is filed under this section after the date on which the judgment remedies for the judgment expire, the certificate has no effect.

�� (7) The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.

�� (8) A certified copy of a certificate of extension, or a lien record abstract for the certificate, may be recorded in any county in which the judgment was transcribed or recorded as provided in ORS 52.635 or 221.351, with the effect provided by ORS 18.152 (4).

�� (9) The judgment remedies for a judgment in a criminal action may not be extended under this section. [Formerly 18.365; 2005 c.618 �4]

�� Note: Section 1, chapter 395, Oregon Laws 2025, provides:

�� Sec. 1. (1) Notwithstanding ORS 18.194, judgment remedies for a judgment of conviction entered in a municipal court or justice court for violating, prior to July 1, 2015, a city or county ordinance or state statute prohibiting the possession of less than one ounce of marijuana, that have not yet expired under the provisions of ORS 18.194, expire on the effective date of this 2025 Act [September 26, 2025].

�� (2) If the judgment remedies for monetary obligations in a judgment of conviction have expired under subsection (1) of this section, a person shall be considered to have completed, fully complied with and performed the sentence of the court with respect to those monetary obligations for purposes of ORS 137.225 or

ORS 192.345

192.345, then the property shall be proceeded against as property belonging to an unknown owner. [Amended by 1979 c.703 �12; 1987 c.311 �5; 2007 c.687 �5; 2017 c.315 �19]

�� 312.060 Application for judgment foreclosing lien; effect and correction of irregularity, informality, omission or other error. (1) Application for judgment foreclosing any tax lien shall be in writing, shall be verified, and shall contain a succinct statement of the cause of suit. All amendments may be made that are permissible in any civil action. The application for judgment, together with a certified copy of the foreclosure list, shall be filed with the clerk of the court on the day of the first publication of the foreclosure list.

�� (2) No assessment of property or charge for taxes shall be considered invalid because of:

�� (a) An irregularity in an assessment roll.

�� (b) An assessment roll not having been made, completed or certified within the time prescribed by law.

�� (c) The property having been listed or charged in an assessment or tax roll without any name, or with a name other than that of the owner.

�� (3) No error or informality on the part of any officer in connection with assessment, equalization, levy or collection shall vitiate or affect the assessment of the property or the taxes thereon.

�� (4) Any such irregularity, informality, omission or other error may, in the discretion of the court, be corrected to conform to law. [Amended by 1979 c.284 �137; 1989 c.411 �1; 2003 c.46 �28; 2003 c.576 �414]

�� 312.070 Answer and defense to application by person interested. Any person interested in any real property included in the foreclosure list may file an answer and defense to the application for judgment within 30 days after the date of the first publication of the foreclosure list, exclusive of the day of the first publication. The answer and defense shall be in writing under oath and shall specify the particular cause of objection. [Amended by 2003 c.576 �415]

�� 312.080 Summary hearing. The court shall examine the application for judgment. If answer and defense is filed by any defendant or other interested person, the matter shall be heard in a summary manner without other pleading. [Amended by 2003 c.576 �416]

�� 312.090 Judgment; lien; interest. The court shall give judgment for the delinquent taxes and interest appearing to be due on the several parcels of real property described in the application, and shall enter a judgment requiring that the several liens of such taxes be foreclosed. The judgment shall be a several judgment against and a lien on each parcel of property included therein. The several judgment shall bear interest at the legal rate from the date of entry thereof. [Amended by 2003 c.576 �417]

�� 312.100 Order for sale of properties to county; certified copy of judgment as certificate of sale. The court shall order that the several properties, against which the judgment is entered, shall be sold directly to the county for the respective amounts of taxes and interest for which the properties severally are liable. The clerk of the court shall deliver to the tax collector a certified copy of the judgment, included in which shall be a list of the properties so ordered sold, with the several amounts due thereon. The certified copy shall constitute a certificate of sale to the county of the several properties described in the judgment and no other certificate need be issued. [Amended by 1989 c.411 �2; 2003 c.576 �418]

�� 312.110 Removal of property from foreclosure proceedings. At any time prior to judgment, any parcel of real property may be removed from the foreclosure proceeding by payments such as would have prevented inclusion of the property in the foreclosure list, plus any additional interest or penalty accrued; except that after the first publication of the foreclosure list any person seeking to remove any property from the foreclosure proceeding shall pay, in addition to the particular amounts of taxes and interest otherwise required, a penalty of five percent of the total amount of taxes and interest charged against the property. The penalty and fee shall be in lieu of all publication costs and other charges in connection with the foreclosure proceeding. On receipt of the payments as to a particular property, prior to the filing of the application for judgment, the tax collector shall make the proper entries in the tax roll and shall remove the property from the foreclosure list and proceeding. Subsequent to filing of the application for judgment, no property may be removed from the foreclosure list and proceeding except on order entered by the court. The removal of any property from the foreclosure list and proceeding, as provided in this section, does not release the property from the lien of any unpaid tax thereon, but the unpaid taxes shall remain valid and subsisting liens as though the foreclosure proceeding had not been instituted. [Amended by 1983 c.472 �1; 1987 c.311 �6; 2003 c.576 �419]

�� 312.120 Period during which property held by county; redemption; assessment during redemption period; redemption of part of property. (1) Except as provided in ORS 312.122, all real properties sold to the county under ORS 312.100, shall be held by the county for the period of two years from and after the date of the judgment of foreclosure, unless sooner redeemed.

�� (2) During the two-year period any person having an interest in the property at the date of the judgment of foreclosure, or any heir or devisee of such person, or any person holding a lien of record on the property, or any municipal corporation having a lien on the property, may redeem the property by payment of the full amount applicable to the property under the judgment, with interest thereon as provided by law, plus a penalty of five percent of the total amount applicable to the property under the judgment and a fee as specified under subsection (5) of this section. The penalty of five percent and fee shall be in lieu of all costs chargeable against the property in connection with the foreclosure proceeding. The fee shall be used to defray the costs, among other costs, incurred by the county to provide the notices of redemption period expiration to lienholders and others required under ORS 312.125.

�� (3) Property so redeemed shall be subject to assessment for taxation during the period of redemption, as though it had continued in private ownership.

�� (4) Any person holding a mortgage or other lien of record covering a part only of a particular parcel of real property included in the judgment of foreclosure may redeem such part by payment of the proportionate amount applicable thereto under the judgment.

�� (5) The fee specified by this subsection is as follows:

�� (a) If the property is redeemed before the date the notice by certified mail required by ORS 312.125 is given, $50.

�� (b) If the property is redeemed on or after the date the notice by certified mail required by ORS 312.125 is given, the greater of $50 or the actual cost to the county for a title search and other expenses related to obtaining a title search. [Amended by 1983 c.472 �2; 1987 c.311 �7; 1989 c.687 �2; 1999 c.22 �1; 2003 c.576 �420]

�� 312.122 Reduced redemption period when property subjected to waste or abandonment; hearing; notice; reasonable inquiry. (1) A county may by ordinance provide the means to require the tax collector of the county to deed to the county pursuant to ORS 312.200 any real property sold to the county under ORS 312.100 after the expiration of the 30-day period provided in subsection (2) of this section if:

�� (a) The property is subjected to waste that results in a forfeiture to the county of the right to possession of the property under ORS 312.180; or

�� (b) The property is not occupied by the owner or any person or entity that appears in the records of the county to have a lien or other interest in the property for a period of six consecutive months, and the property has suffered a substantial depreciation in value or will suffer a substantial depreciation in value if not occupied.

�� (2)(a) Upon determining that real property sold to the county under ORS 312.100 may be subject to waste or abandonment as provided in subsection (1) of this section, the county shall set a date, time and place within the county for a hearing for the purpose of determining whether the property should be deeded to the county pursuant to subsection (1) of this section.

�� (b) The owner and any person or entity that appears in the records of the county to have a lien or other interest in the property shall be given an opportunity to be heard at the hearing provided in paragraph (a) of this subsection.

�� (c) If the county determines after the hearing provided in paragraph (a) of this subsection that the property is subject to waste or abandonment as provided in subsection (1) of this section, the county governing body shall provide that any rights of possession the owner may have in the property are forfeited and direct the property be deeded to the county by the tax collector of the county after expiration of a period of 30 days from the date of the action of the county governing body determining property subject to forfeiture unless it is sooner redeemed by the owner or any person or entity that then appears in the records of the county to have a lien or other interest in the property. All rights of redemption with respect to the real property described in that deed shall terminate on the execution of the deed to the county.

�� (d) The county shall, in its ordinance, provide for procedures for the hearing required under this subsection that are compatible with the requirements of due process of law.

�� (3) Not less than 30 days prior to the hearing provided in subsection (2) of this section, the county shall notify the owner and any person or entity that then appears in the records of the county to have a lien or other interest in the property of the hearing. The notice shall contain:

�� (a) The date, time and place of the hearing provided for in subsection (2) of this section;

�� (b) The date of the judgment;

�� (c) The normal date of expiration of the period of redemption under ORS 312.120;

�� (d) A warning to the effect that if the county determines that the property is subject to waste or abandonment as provided in subsection (1) of this section, the property will be deeded to the county immediately after the expiration of 30 days from the date of the county governing body action so determining and that every right or interest of any person in the property will be forfeited forever to the county unless the property is redeemed within that 30-day period;

�� (e) A legal description of the property and a tax account number; and

�� (f) The name of the owner as it appears on the latest tax roll.

�� (4) The notice required to be given under subsection (3) of this section shall be given by both certified mail and by regular first class mail.

�� (5)(a) If the notice required under subsection (3) of this section is to be given to an owner, the notice shall be addressed to the owner or owners, as reflected in the county records of deeds, at the true and correct address of the owner as appearing on the instrument of conveyance under ORS 93.260 or as furnished under ORS 311.555 or as otherwise ascertained by the tax collector of the county pursuant to ORS 311.560.

�� (b) If the person or entity to whom the notice is required under subsection (3) of this section to be given is a lienholder, or person or entity other than the owner, having or appearing to have a lien or other interest in the property, the notice shall be addressed to the lienholder, person or entity at the address that the county knows or after reasonable inquiry has reason to believe to be the address at which the lienholder, person or entity will most likely receive actual notice.

�� (6) For purposes of subsection (5)(b) of this section, if the lienholder is a corporation or a limited partnership, the county shall be considered to have made reasonable inquiry if the notice is mailed to the registered agent or last registered office of the corporation or limited partnership, if any, as shown by the records on file in the office of the Corporation Commissioner, or if the corporation or limited partnership is not authorized to transact business in this state, to the principal office or place of business of the corporation or limited partnership.

�� (7) As used in this section, �records of the county� has that meaning given in ORS 312.125 (7). [1989 c.687 �1; 2003 c.576 �421; 2009 c.33 �10]

�� Note: 312.122 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 312 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 312.125 Notice of expiration of period of redemption; locating property owners; contents; mailing. (1)(a) Not less than one year prior to the expiration of the period of redemption of any real property ordered sold to the county under a judgment under ORS

ORS 192.478

192.478.

�� (3) Except as provided in subsections (4) and (5) of this section, the following records of the department are exempt from disclosure or production and shall be treated as confidential as provided in ORS 705.137:

�� (a) Examination reports and work papers, directives, orders and correspondence that relate to examination reports.

�� (b) Financial statements of and investigatory information concerning persons subject to investigation by the director under ORS 723.014 or 723.132.

�� (c) Proprietary information.

�� (d) Reviews of financial statements submitted to the director.

�� (e) The name of a member or borrower and the amount of shares, deposits or debts of a member or borrower.

�� (f) Correspondence, reports or other information obtained from or provided to the Financial Crimes Enforcement Network established by order of the United States Secretary of the Treasury.

�� (4) Notwithstanding subsection (3) of this section and except as otherwise provided in this subsection, the director may disclose a record that is specified in this subsection and that pertains to a credit union that has been liquidated under ORS 723.676 if the director determines in a particular instance that the public interest in disclosing the record outweighs the interests of the credit union or of the directors, members, officers or employees of the credit union in keeping the record confidential. The director may not disclose a record or portion of a record that contains proprietary information or information that relates to an individual�s financial activities or affairs unless the director concludes that the activities or affairs were a direct and substantial contributing factor in the failure of the credit union. This subsection applies to the following records of the department:

�� (a) Examination reports and work papers, directives, orders and correspondence that relate to examination reports.

�� (b) Investigatory information concerning persons subject to investigation by the director under ORS 723.014 or 723.132.

�� (c) Reviews of financial statements.

�� (d) Reports filed under ORS 723.106.

�� (5) Notwithstanding ORS 40.270, an officer of the department may be examined concerning records that are exempt from disclosure under subsection (2) or (3) of this section. The records are subject to production if the court before which a civil or criminal action is pending finds that the examination and production is essential for establishing a claim or defense. In making a finding under this subsection, if the court views the records, the court shall do so in camera.

�� (6) All records of the department pertaining to the condition of credit unions may be furnished to:

�� (a) The National Credit Union Administration.

�� (b) The Federal Home Loan Bank of which the credit union is a member or to which the credit union has applied for membership.

�� (c) The State Treasurer if the credit union is a depository of public fund deposits.

�� (d) The respective credit union.

�� (7) If the director is requested to disclose a record subject to this section and the record contains both material that is exempt from disclosure under this section or any other provision of law and material that is not exempt from disclosure, the director shall separate the exempt and nonexempt material and may disclose only the nonexempt material. [2005 c.95 �3; 2009 c.541 �40]

�� 723.120 [Amended by 1959 c.106 �3; 1971 c.681 �5; 1973 c.719 �1; repealed by 1975 c.652 �88]

�� 723.122 Bond or letter of credit; rules. (1) A credit union shall obtain and maintain a fidelity bond or irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, that includes coverage in accordance with rules of the Director of the Department of Consumer and Business Services, to protect the credit union against losses caused by occurrences such as fraud, dishonesty, forgery, embezzlement, misappropriation, misapplication of duty and all acts of agents, directors, officers, committee members, employees or attorneys of the credit union. The minimum amount of the bond or letter of credit is based on the amount of the credit union�s total assets in accordance with the following table:

Total Assets�� Minimum Amount

�� of Bond

�� or Letter of Credit

$0 to $4,000,000�� $250,000 or

�� coverage equal

�� to the credit

�� union�s total

�� assets, whichever

�� is less.

$4,000,001 to $50,000,000�� $100,000 plus

�� $50,000 for each

�� $1,000,000 of total

�� assets or fraction

�� of total assets

�� over $1,000,000.

$50,000,001 to $500,000,000�� $2,550,000 plus

�� $10,000 for each

�� $1,000,000 of total

�� assets or fraction

�� of total assets

�� over

�� $50,000,000,

�� with a maximum

�� of $5,000,000.

More than $500,000,000�� 1% of the credit

�� union�s total

�� assets rounded

�� to the nearest

�� $100,000,000,

�� with a maximum

�� of $9,000,000.

�� (2) A fidelity bond or letter of credit must include a faithful performance clause to cover the chief financial officer. The director must approve the fidelity bond or letter of credit and may require additional amounts as the director considers necessary.

�� (3) Claims upon a fidelity bond or letter of credit that exceed one percent of the credit union�s reserves and undivided earnings or that are related to the errors or omissions of an officer, director or committee member must be reported to the director. [1975 c.652 �15; 1987 c.286 �2; 1991 c.331 �124; 1995 c.319 �1; 1997 c.249 �216; 1997 c.631 �542; 1997 c.832 �2; 1999 c.185 �10; 2001 c.308 �1; 2009 c.234 �2; 2013 c.480 �1]

�� 723.124 [1971 c.681 �4; repealed by 1975 c.652 �88]

�� 723.126 Enforcement actions. The Director of the Department of Consumer and Business Services may institute any action or other proceeding that the director considers necessary for enforcing any provision of this chapter or any rule, order or action adopted, issued or taken by the director under this chapter. [1987 c.215 �10]

�� 723.128 [1971 c.681 �12; repealed by 1975 c.652 �88]

�� 723.130 [Amended by 1955 c.550 �4; 1967 c.279 �1; 1971 c.681 �6; repealed by 1975 c.652 �88]

�� 723.132 Order to remove officer, director or committee member. The Director of the Department of Consumer and Business Services by order may direct a credit union to remove any officer, director or committee member of the credit union for any reason stated in ORS 723.014. [1987 c.650 �6]

�� 723.134 Receipt of deposits from person not a member of credit union; secondary capital accounts; rules. (1) The Director of the Department of Consumer and Business Services by rule may establish guidelines for determining whether a credit union predominantly serves low-income members. If the director, using the guidelines established in accordance with this subsection, determines that a credit union predominantly serves low-income members, the credit union may:

�� (a) Receive deposits from a person that is not a member of the credit union and allow the person to hold shares in the credit union; and

�� (b) Issue secondary capital accounts that are subject to any terms and conditions that the Director of the Department of Consumer and Business Services may prescribe by rule.

�� (2) For purposes of this section, �secondary capital account� means a deposit or share account that is not insured by the National Credit Union Administration, or another primary share insurer approved by the Director of the Department of Consumer and Business Services, and that is subordinate to all other claims against the credit union, including claims of creditors, owners of share accounts and the National Credit Union Administration or another insurer approved by the Director of the Department of Consumer and Business Services. Secondary capital accounts that the credit union issues in accordance with this section are equity as defined in ORS 723.001 for the purposes of ORS 723.631 and for any other purpose.

�� (3) The powers set forth in this section are in addition to the powers the credit union has under ORS 723.152. [2007 c.343 �5; 2021 c.97 �82]

�� 723.135 [1973 c.148 �2; repealed by 1975 c.652 �88]

�� 723.136 Agreements with other credit union supervisory agencies and Financial Crimes Enforcement Network; contracts for use of credit union examiners; joint examination or enforcement; fees. (1) The Director of the Department of Consumer and Business Services may enter into cooperative, coordinating and information sharing agreements with another credit union supervisory agency, with the Financial Crimes Enforcement Network established by order of the United States Secretary of the Treasury or with an organization affiliated with or representing one or more credit union supervisory agencies. The director may enter into the agreements in order to examine or supervise a non-Oregon institution branch or other office or place of business located in this state or to examine or supervise a branch of a credit union that is chartered in Oregon and is located in another state. The director may accept an agency report made pursuant to an agreement entered into under this section in lieu of the director�s own examination or investigation. The agreement may resolve conflicts of laws and specify the manner in which examination, supervision and application processes will be coordinated between this state and the home state of the non-Oregon institution. The director may also share information with the Federal Home Loan Bank and the directors of the Federal Home Loan Bank.

�� (2) The director may enter into a contract with a credit union supervisory agency that has concurrent jurisdiction over a credit union operating a branch or other office or place of business in this state to engage the services of the agency�s examiners at a reasonable rate of compensation or to provide the services of the director�s examiners to the agency at a reasonable rate of compensation. The contract is exempt from competitive bidding requirements under the provisions of ORS chapters 279A and 279B. The contract may resolve conflicts of laws and specify the manner in which examination, supervision and application processes will be coordinated between this state and the home state of the non-Oregon institution.

�� (3) The director may enter into joint examinations or joint enforcement actions with other credit union supervisory agencies that have concurrent jurisdiction over a non-Oregon institution branch or other office or place of business located in this state or a branch of a credit union that is chartered in Oregon and is located in another state. Conducting a joint examination or enforcement action under this subsection does not prevent the director from conducting an independent examination or enforcement action at any time if the director determines that carrying out the director�s responsibilities or ensuring compliance with the laws of this state requires the independent action. With respect to examinations or enforcement actions that involve non-Oregon institutions, the director may recognize:

�� (a) The exclusive authority of the credit union supervisory agency of the home state of the non-Oregon institution over corporate governance matters; and

�� (b) The primary responsibility of the credit union supervisory agency of the home state of the non-Oregon institution over safety and soundness matters.

�� (4) The director may share fees collected from non-Oregon institutions under the provisions of this chapter with another credit union supervisory agency or an organization affiliated with or representing one or more credit union supervisory agencies in accordance with agreements between the agency or organization and the director. [1999 c.185 �39; 2003 c.794 �324; 2009 c.541 �41]

POWERS OF CREDIT UNIONS

�� 723.152 General powers; rules. In addition to the powers conferred by the general corporation law a credit union may, subject to the restrictions and limitations contained in this chapter and the credit union�s bylaws:

�� (1) Make contracts.

�� (2) Sue and be sued.

�� (3) Adopt, use and alter a common seal.

�� (4) Acquire, lease, hold and dispose of property, either in whole or in part, necessary or incidental to the credit union�s operations.

�� (5) At the discretion of the board of directors, require any person admitted to membership to pay an entrance fee or annual membership fee, or both.

�� (6) Receive savings from members of the credit union in the form of various classes of shares, deposits or deposit certificates, deposit accounts or special-purpose thrift accounts.

�� (7) Receive from members of the credit union or from another credit union deposits or deposit certificates, deposit accounts or various classes of shares payable on nonnegotiable request.

�� (8) Lend the credit union�s funds to members of the credit union and to other credit unions as provided in this chapter.

�� (9) Acquire and lease personal property at the request of a member of the credit union who wishes to lease the property on terms requiring payment, during the term of the lease, of rents that exceed the total expenditures made by the credit union for the acquisition, ownership, financing and protection of the property. Rents may include residual value payments that are the obligation of a responsible third party.

�� (10) Borrow from any source in accordance with policy established by the board of directors and issue debentures pursuant to a plan approved by the Director of the Department of Consumer and Business Services. The debentures shall be subordinate to the shares and deposits of the credit union.

�� (11) Discount and sell any eligible obligations, subject to rules adopted by the Director of the Department of Consumer and Business Services.

�� (12) Sell all or substantially all of the credit union�s assets or purchase all or substantially all of the assets of another credit union, subject to the approval of the Director of the Department of Consumer and Business Services.

�� (13) Invest surplus funds as provided in this chapter.

�� (14) Make deposits in legally chartered banks, savings banks, savings and loan associations, trust companies and credit unions.

�� (15) Assess charges to a member of the credit union in accordance with the credit union�s bylaws for the member�s failure to meet the member�s obligations to the credit union promptly.

�� (16) Hold membership in other credit unions organized under this chapter or other state or federal laws, and in other associations and organizations composed of credit unions.

�� (17) Declare dividends, pay interest on deposit and deposit certificate accounts and pay interest refunds to borrowers as provided in this chapter.

�� (18) Offer products and services reasonably related to the purposes of a credit union as set forth in ORS 723.006.

�� (19) Receive deposits from the federal government or this state, or any agency or political subdivision thereof.

�� (20) Make donations or contributions to any civic, charitable, political or community organization as authorized by the board of directors.

�� (21) Act as a custodian of qualified pension funds of members of the credit union if permitted by federal law.

�� (22) Purchase or make available insurance for the credit union�s directors, officers, agents, employees and members.

�� (23) Allow members of the credit union to use share accounts, deposit accounts or deposit certificate accounts as share draft accounts as provided in ORS 723.434.

�� (24) Provide digital signature verification or other electronic authentication services to members of the credit union.

�� (25) Act as trustee or custodian for members of the credit union under any written trust instrument or custodial agreement in connection with a tax-advantaged savings plan authorized under the Internal Revenue Code, including but not limited to individual retirement, deferred compensation, education savings and health savings accounts, provided that the trust instrument or custodial agreement requires all funds subject to the instrument or agreement to be invested exclusively in share or deposit accounts in the credit union. The State of Oregon, or the applicable instrumentality or municipality, is considered to be a member of the credit union with respect to such deposits, except that the state or other instrumentality or municipality is not entitled to vote, hold office or otherwise participate in the management or operation of the credit union.

�� (26) Indemnify the directors, officers, employees and committee members or other volunteers of the credit union in accordance with the provisions of the credit union�s articles, bylaws and the indemnification provisions of ORS chapter 60.

�� (27) Sell negotiable checks, including traveler�s checks, money orders and other money transfer instruments, including domestic and international electronic funds transfers, to persons eligible for credit union membership under ORS 723.172, whether or not such persons are members of the credit union.

�� (28) For a fee, cash checks and money orders and send or receive domestic and international electronic funds transfers for persons eligible for credit union membership under ORS 723.172, whether or not such persons are members of the credit union. The fee a credit union may charge for cashing checks or money orders in accordance with this subsection may not exceed the following amounts, as appropriate:

�� (a) For a check or money order issued by the federal government or an agency of the federal government, by this state or an agency of this state, by any other state or political subdivision thereof or by the government of the municipality in which a person is cashing the check or money order, or for a check that is a payroll check drawn against an account held in a financial institution in this state:

�� (A) $5 or two percent of the face value of the check or money order, whichever is greater, if the person cashing the check or money order provides valid and current government-issued photo identification; or

�� (B) $5 or 2-1/2 percent of the face value of the check or money order, whichever is greater, if the person cashing the check or money order does not provide valid and current government-issued photo identification.

�� (b) For a check or money order not described in paragraph (a) of this subsection:

�� (A) $5 or three percent of the face value of the check or money order, whichever is greater, if the person cashing the check or money order provides valid and current government-issued photo identification; or

�� (B) $5 or 3-1/2 percent of the face value of the check or money order, whichever is greater, if the person cashing the check or money order does not provide valid and current government-issued photo identification.

�� (29) Exercise other powers that are necessary to carry out the credit union�s purpose. [1975 c.652 �16; 1981 c.290 �3; 1983 c.37 �36b; 1985 c.762 �93; 1985 c.801 �2; 1987 c.650 �4; 1999 c.185 �11; 2001 c.104 �287; 2001 c.308 �2; 2003 c.405 �10; 2005 c.95 �4; 2007 c.343 �3]

�� 723.156 Exercise of powers of federal credit union. (1) Notwithstanding any other provision of law, in addition to the powers and authorities provided under the laws of this state, a credit union may exercise any of the powers that were available to a federal credit union as of January 1, 2022. At least 45 days before exercising a power under this subsection, a credit union shall provide to the Director of the Department of Consumer and Business Services written notice of the credit union�s intent to exercise the power. The notice must describe the power and specify the statutory or regulatory authority or other legal basis for the federal credit union power the credit union intends to exercise.

�� (2) Notwithstanding any other provision of law, in addition to the powers and authorities provided under the laws of this state, a credit union may, after obtaining approval from the director and subject to any limitations the director prescribes, exercise any of the powers conferred after January 1, 2022, upon a federal credit union that does business in this state and that is subject to the regulations of the administrator of the National Credit Union Administration or the successor or successors of the administrator, or any of the powers conferred on a credit union that is chartered under the laws of another state and does business in this state, if the director finds that exercising the powers:

�� (a) Serves the public and members� convenience and advantage; and

�� (b) Equalizes and maintains the quality of competition among credit unions chartered under the laws of this state, of another state and under federal law. [1975 c.652 �17; 1991 c.635 �6; 1997 c.832 �3; 2013 c.480 �2; 2017 c.35 �4; 2019 c.45 �2; 2021 c.125 �1]

MEMBERSHIP

�� 723.172 Credit union membership; rules. (1) As used in this section:

�� (a) �Organization� means a corporation, limited liability company, partnership or association, trust, estate or other entity and a director, officer, employee, member, partner, personal representative, trustee or volunteer of the corporation, limited liability company, partnership or association, trust, estate or other entity.

�� (b) �Well-defined local community, neighborhood or rural district� means one or more adjacent precincts, districts, cities, counties or other boundaries defined by the state or a unit of local government or by a state or local government agency.

�� (2) The membership of a credit union is limited to and consists of the incorporators to the articles of incorporation and other persons within the common bond set forth in the bylaws that have been duly admitted as members, have paid any required entrance fee or membership fee and have complied with any other requirements that the articles of incorporation or bylaws specify.

�� (3) Credit union membership may include:

�� (a) One or more groups, each having a common bond of occupation or association; or

�� (b) Persons who live or work in, or organizations located within, a well-defined local community, neighborhood or rural district.

�� (4) Credit union membership may also include any of the immediate family of a person who is eligible for membership in the credit union under subsection (3) of this section. For the purposes of this subsection, �immediate family� includes an eligible member�s foster parent or legally appointed guardian.

�� (5) In determining whether adjacent precincts, districts, cities, counties or other boundaries defined by the state or a unit of local government or by any state or local government agency form a well-defined local community, neighborhood or rural district, the Director of the Department of Consumer and Business Services shall consider:

�� (a) Interactions or shared interests that tie the precincts, districts, cities, counties or other boundaries together;

�� (b) The size of the population of the proposed well-defined local community, neighborhood or rural district;

�� (c) The size of the geographic area of the proposed well-defined local community, neighborhood or rural district; and

�� (d) Other criteria that the director considers relevant in accordance with the purposes of this chapter.

�� (6)(a) A credit union may not add a group with a separate bond of occupation or association to the credit union�s membership unless, at the time the credit union adds the group to the credit union�s membership, the group does not contain more than 3,000 members.

�� (b) The limitation in paragraph (a) of this subsection does not apply to:

�� (A) A group the director determines could not feasibly or reasonably establish a new credit union because the group lacks volunteer resources, financial resources or other factors the director considers important for successfully forming a new credit union; or

�� (B) A group transferred to the credit union in connection with a merger, consolidation or transfer the director approved, or in connection with the liquidation of another credit union.

�� (7) Notwithstanding subsection (3) of this section, a credit union, the membership of which includes one or more groups that have a common bond of occupation or association, may add to the credit union�s membership persons who live or work in, or organizations located within, a well-defined local community, neighborhood or rural district if:

�� (a) The director determines that the well-defined local community, neighborhood or rural district is underserved by other depository institutions, as defined in section 19(b)(1)(A) of the Federal Reserve Act, 12 U.S.C. 461(b)(1)(A), based on data of the National Credit Union Administration and the federal banking agencies, as defined in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813; and

�� (b) The credit union establishes and maintains an office or facility in the well-defined local community, neighborhood or rural district at which credit union services are available.

�� (8) In reviewing a proposed amendment to a credit union�s bylaws that would include an additional group within the credit union�s membership, the director shall consider:

�� (a) Whether, within the preceding year, the credit union has engaged in any unsafe or unsound practice that is material;

�� (b) Whether the credit union has the capitalization, administrative capability and financial resources to serve the additional group; and

�� (c) Other factors the director may prescribe by rule. [1975 c.652 �18; 1999 c.730 �1; 2009 c.234 �3; 2015 c.458 �2]

�� 723.176 Business and nonbusiness organizations as members. Business and nonbusiness organizations composed of individuals who are eligible for membership, or whose employees are eligible for membership, may be admitted to membership in the same manner and under the same conditions as individuals. [1975 c.652 �19; 1987 c.286 �3; 1999 c.185 �56; 2001 c.308 �3]

�� 723.182 Other credit unions as members. Any credit union organized under the laws of this state may permit membership of any other credit union organized under the laws of this state, of any other state or of the United States. [1975 c.652 �20]

�� 723.184 State deemed member with respect to deferred compensation deposits; restrictions on membership. Notwithstanding any other provision of this chapter, a credit union may receive deposits from the State of Oregon of moneys belonging to the Deferred Compensation Fund established under ORS 243.411. With respect to such deposits, the State of Oregon shall be deemed to be a member of the credit union, except that the state shall not be entitled to vote, hold office or otherwise participate in the management or operation of the credit union. [1977 c.721 �17; 1997 c.179 �31]

�� 723.186 Members who leave field of membership. A member who leaves the credit union�s field of membership may be permitted to retain the member�s membership in the credit union. [1975 c.652 �21; 2009 c.234 �4]

�� 723.188 [1989 c.550 �2; 1999 c.59 �226; 1999 c.316 �9; repealed by 2015 c.458 �4]

�� 723.192 Individual liability. The members of the credit union shall not be personally or individually liable for the payment of the debts of the credit union. [1975 c.652 �22; 1981 c.903 �10]

�� 723.196 Meeting of members; mail or electronic ballots. (1) The annual meeting and any special meetings of the members of the credit union shall be held at the time and in the manner indicated by the bylaws.

�� (2) At meetings described in subsection (1) of this section, a member has one vote, irrespective of the amount of that member�s shareholdings. A member may not vote by proxy, but a member may vote by mail or electronic ballot if allowed by the bylaws of the credit union. The board of directors shall establish procedures to safeguard the confidentiality and integrity of the voting process. As used in this subsection, �electronic� has the meaning given that term in ORS 84.004.

�� (3) The board may establish a minimum age as a qualification of eligibility to vote at meetings of the members. [1975 c.652 �23; 1999 c.185 �12; 2005 c.95 �5; 2019 c.45 �3]

�� 723.202 Withdrawal and expulsion of members; request for reinstatement. (1) Subject to subsection (2) of this section, a credit union may expel any member of the credit union who:

�� (a) Has not carried out the member�s engagements with the credit union;

�� (b) Creates an undue risk of loss to the credit union, as determined in accordance with the bylaws of the credit union;

�� (c) Has been convicted of a criminal offense;

�� (d) Fails to comply with the provisions of this chapter or of the credit union�s articles, bylaws or policies;

�� (e) Threatens, harasses or abuses any member, employee, board or committee member or agent of the credit union; or

�� (f) Habitually neglects to pay the member�s debts or becomes insolvent or bankrupt.

�� (2) A credit union that expels a member shall inform the member in writing of the reasons for the expulsion and give the expelled member reasonable opportunity to request the credit union�s board of directors to reinstate the member. Members of a credit union who withdraw or are expelled shall not be relieved of any liability to the credit union. The amounts paid in on shares or deposited by such members, together with any dividends credited to their shares and any interest which has accrued on their deposits, shall be repaid to them in the order of their withdrawal or expulsion, as funds become available therefor, but the credit union may deduct from such payments any sums due to the credit union from such members.

�� (3) A credit union�s board of directors may delegate the duty to consider an expelled member�s request for reinstatement to officers or employees of the credit union. [1975 c.652 �24; 1985 c.762 �94; 1999 c.185 �13; 2007 c.343 �6; 2017 c.35 �2; 2025 c.65 �4]

�� 723.210 [Repealed by 1975 c.652 �88]

�� 723.220 [Repealed by 1959 c.106 �23]

�� 723.230 [Amended by 1959 c.106 �7; 1967 c.279 �2; 1971 c.681 �7; repealed by 1975 c.652 �88]

�� 723.240 [Amended by 1959 c.106 �8; 1967 c.279 �3; repealed by 1975 c.652 �88]

�� 723.245 [1959 c.106 �6; repealed by 1975 c.652 �88]

�� 723.250 [Amended by 1959 c.106 �9; 1967 c.279 �4; 1971 c.681 �8; 1973 c.147 �1; repealed by 1975 c.652 �88]

DIRECTION OF AFFAIRS

�� 723.252 Election of directors; appointment of supervisory committee; appointment of credit committee or credit manager. (1) A credit union must be directed by a board that consists of an odd number of directors, at least five in number, who are elected by and from the credit union�s members in the manner provided in the credit union�s bylaws. Members of the board hold office for such terms as the bylaws provide.

�� (2)(a) The board of directors shall appoint a supervisory committee of not less than three members at the organizational meeting and within 60 days following each annual meeting of the members for such terms as the bylaws provide.

�� (b) The supervisory committee may not include the chair of the board of directors of the credit union. Other directors may serve on the supervisory committee except as otherwise provided by the bylaws of the credit union.

�� (3) The board of directors shall appoint a credit committee that consists of an odd number not less than three for such terms as the bylaws provide. The members of the credit union may instead elect the members of the credit committee from among the membership of the credit union at the annual members� meeting. In lieu of the credit committee, the board of directors may appoint a credit manager.

�� (4) The board of directors may appoint temporary or successor directors or temporary or successor credit committee or supervisory committee members to serve in place of absent directors or committee members. [1975 c.652 �25; 1997 c.832 �4; 2009 c.234 �5; 2025 c.65 �5]

�� 723.256 Record of board and committee members. Within such time as the Director of the Department of Consumer and Business Services may establish, a record of the names and addresses of the members of the board, committees and all officers of the credit union shall be filed with the director on forms provided and in the manner prescribed by the director. [1975 c.652 �26; 1991 c.635 �7; 1999 c.185 �14]

�� 723.260 [Amended by 1959 c.106 �10; repealed by 1975 c.652 �88]

�� 723.262 Vacancies. (1) Subject to subsection (2) of this section, the board of directors may fill any vacancies occurring in the board until successors elected at the next annual meeting have qualified.

�� (2) If a vacancy occurring in the board reduces the number of directors to five or fewer, the board shall fill the vacancy until a successor elected at the next annual meeting has qualified.

�� (3) The board shall also fill vacancies in the credit and supervisory committees or in the office of credit manager. [1975 c.652 �27; 2005 c.95 �6]

�� 723.266 Compensation of officials. A credit union may pay to the credit union�s directors, supervisory committee members or members of other committees established by the board of directors or pursuant to bylaws reasonable compensation for service as directors or committee members. A credit union may reimburse directors or committee members while the directors or committee members are on official business for necessary expenses incidental to performing the official business. [1975 c.652 �28; 1991 c.635 �8; 2015 c.458 �3; 2023 c.57 �3]

�� 723.270 [Repealed by 1975 c.652 �88]

�� 723.272 Conflicts of interest. No director, committee member, officer, agent or employee of the credit union shall in any manner, directly or indirectly, participate in the deliberation upon or the determination of any question affecting pecuniary interest or the pecuniary interest of any corporation, partnership or association (other than the credit union) in which the director, committee member, officer, agent or employee is directly or indirectly interested. [1975 c.652 �29]

�� 723.275 [1959 c.106 �5; repealed by 1975 c.652 �88]

�� 723.276 Executive officers. (1) The board of directors shall elect an executive officer, whom the directors may designate as chairperson of the board or president, a vice chairperson of the board or one or more vice presidents, a treasurer and a secretary. The treasurer and the secretary may be the same individual. The persons that the board of directors elects are the executive officers of the corporation.

�� (2) The terms of the officers are one year, unless the bylaws prescribe a different term. Officers may continue to serve until the successors of the officers are chosen and have duly qualified.

�� (3) The bylaws must prescribe the duties of the officers. [1975 c.652 �30; 1987 c.286 �4; 1991 c.635 �9; 2009 c.234 �6; 2013 c.480 �3; 2019 c.45 �1; 2023 c.57 �2]

�� 723.280 [Amended by 1955 c.550 �5; 1959 c.106 �11; 1971 c.681 �9; repealed by 1975 c.652 �88]

�� 723.282 Authority of directors. The board of directors shall have the general direction of the business affairs, funds and records of the credit union. [1975 c.652 �31]

�� 723.286 Executive committee. From the persons elected to the board, the board may appoint an executive committee of not less than three directors who may be authorized to act for the board in all respects, subject to such conditions and limitations as are prescribed by the board. [1975 c.652 �32]

�� 723.290 [Amended by 1959 c.106 �12; repealed by 1975 c.652 �88]

�� 723.292 Meetings of directors; rules. The board of directors of a credit union shall hold regular meetings. The Director of the Department of Consumer and Business Services may specify by rule the minimum frequency of meetings of the board of directors. [1975 c.652 �33; 1999 c.185 �15; 2009 c.234 �7; 2011 c.327 �1; 2017 c.35 �3]

�� 723.296 Duties of directors; delegation of duties. (1) The board of directors shall manage the business and affairs of the credit union. The duties of the board include, but are not limited to, the duties listed in this section. The board may not delegate duties listed in subsection (2) of this section. The board may delegate the duties listed in subsection (3) of this section to a committee, officer or employee of the credit union, who shall provide appropriate information to the board regarding the exercise of the duties.

�� (2) The board shall:

�� (a) Establish the requirements for membership in the credit union, including the par value, if any, of a share;

�� (b) Authorize interest refunds, if any, to members from income earned and received in proportion to the interest the members pay on classes of loans and under conditions that the board prescribes;

�� (c) Authorize the employment of persons necessary to carry on the business of the credit union and fix the compensation of the manager or chief executive officer;

�� (d) Authorize the conveyance of property;

�� (e) Suspend members of the credit or supervisory committee for failing to perform the members� duties;

�� (f) Appoint any special committees the board considers necessary;

�� (g) Limit the number of shares and the amount of deposits that a member may own and ensure that limitations adopted under this subsection apply alike to all members; and

�� (h) Establish policies and controls regarding the investment of surplus funds.

�� (3) In addition to the duties listed in subsection (2) of this section, and subject to subsection (1) of this section, the board shall:

�� (a) Act upon applications for membership. If this duty is delegated, a record of an approval or denial of membership must be made available to the board. A person to whom a committee, officer or employee of the credit union denies membership may appeal the denial to the board.

�� (b) Purchase a blanket fidelity bond, in accordance with ORS 723.122.

�� (c) Determine from time to time the interest rate or rates that shall be charged on loans.

�� (d) Declare dividends on shares and share certificates in accordance with the provisions of the bylaws and determine the prospective dividend rate to be paid on shares and share certificates and the interest rate or rates that will be paid on deposits and deposit certificates.

�� (e) Designate a depository or depositories for the funds of the credit union.

�� (f) Borrow or lend money to carry out the functions of the credit union. [1975 c.652 �34; 1981 c.412 �7; 1985 c.762 �95; 1985 c.801 �3; 1987 c.286 �5; 1997 c.832 �5; 2005 c.95 �7; 2013 c.480 �4]

�� 723.302 Duties of credit committee. The credit committee shall have the general supervision of all loans to members. [1975 c.652 �35]

�� 723.306 Meetings of credit committee. The credit committee shall meet as often as the business of the credit union requires and not less frequently than once a month to consider applications for loans. No loan shall be made unless it is approved by a majority of the committee who are present at the meeting at which the application is considered. [1975 c.652 �36]

�� 723.312 Loan officers. (1) The credit committee may appoint one or more loan officers and delegate the power to approve or disapprove loans, subject to such limitations or conditions as the credit committee prescribes.

�� (2) Loan applications not approved by a loan officer may be reviewed by the credit committee. [1975 c.652 �37; 1987 c.286 �6]

�� 723.316 Chief credit officer. The board of directors of a credit union may appoint a chief credit officer in lieu of a credit committee to approve or disapprove loans under conditions that the board prescribes. If the board appoints a chief credit officer in lieu of a credit committee, the provisions of ORS 723.302 to 723.312 do not apply and the credit union may not make a loan unless the chief credit officer approves the loan, except that the chief credit officer may appoint one or more loan officers with the power to approve loans subject to limitations or conditions that the chief credit officer prescribes. [1975 c.652 �38; 2011 c.327 �2]

�� 723.322 Duties of supervisory committee; verification of member accounts; rules. (1) The supervisory committee shall make or cause to be made a comprehensive annual audit of the books and affairs of the credit union and shall submit a report of the audit to the board of directors and the Director of the Department of Consumer and Business Services and a summary of that report to the members at the next annual meeting of the credit union. It shall make or cause to be made such supplementary audits or examinations as it deems necessary or as are required by the director or by the board of directors, and submit reports of these supplementary audits to the board of directors.

�� (2) The supervisory committee shall cause the accounts of the members to be verified with the records of the credit union from time to time in accordance with subsection (3) of this section. This verification shall be done not less frequently than every two years.

�� (3) Verification of members� accounts shall be made using either of the following methods:

�� (a) A controlled verification of 100 percent of members� share and loan accounts; or

�� (b) A controlled random statistical sampling method in accordance with rules that the director may prescribe.

�� (4) Records of accounts verified shall be maintained and retained until the next verification of members� accounts is completed. [1975 c.652 �39; 1991 c.635 �10]

�� 723.326 Suspension and removal of officials; restrictions on service as director. (1) The supervisory committee by a unanimous vote may suspend any member of the board until the next members� meeting. The next members� meeting must be held not less than 14 nor more than 45 days after the suspension. At the meeting the members shall decide whether to remove the suspended officer or board member.

�� (2) The board may remove any member of the supervisory committee for failing to perform duties prescribed in this chapter or in the credit union�s articles of incorporation, bylaws or policies.

�� (3) A person may not serve as a director if the person has defaulted on payment of a voluntary obligation to the credit union or has otherwise caused the credit union to incur a financial loss. [1975 c.652 �40; 1985 c.762 �96; 1999 c.185 �16; 2005 c.95 �8; 2013 c.480 �5]

�� 723.332 [1975 c.652 �41; 1985 c.762 �97; repealed by 2013 c.480 �8]

�� 723.338 Duty to notify law enforcement officers of violations of Oregon Credit Union Act; investigations; costs. (1) If a director, officer or committee member of a credit union has reason to believe that a person has violated any provision of the Oregon Credit Union Act for which criminal prosecution is provided, such official shall give the information relative to the violation to the appropriate federal, state or local law enforcement officer having jurisdiction of the violation, and to the Director of the Department of Consumer and Business Services.

�� (2) If the matter is referred to the Attorney General or to a district attorney, such official promptly shall investigate the violation and institute such action against the person as the information and investigation requires or justifies. The cost of the investigation and action shall be paid by the county or state in the manner in which other criminal actions are paid. [1979 c.88 �33]

�� 723.350 [Amended by 1959 c.106 �13; repealed by 1975 c.652 �88]

�� 723.360 [Amended by 1959 c.106 �14; repealed by 1975 c.652 �88]

�� 723.370 [Amended by 1959 c.106 �15; repealed by 1975 c.652 �88]

�� 723.380 [Amended by 1959 c.106 �16; repealed by 1975 c.652 �88]

�� 723.390 [Amended by 1959 c.106 �17; 1971 c.681 �10; 1973 c.719 �2; repealed by 1975 c.652 �88]

�� 723.400 [Amended by 1955 c.550 �6; 1959 c.106 �18; 1967 c.279 �5; repealed by 1975 c.652 �88]

ACCOUNTS

�� 723.402 Shares. (1) Shares may be subscribed to, paid for and transferred in such manner as the bylaws prescribe.

�� (2) A certificate need not be issued to denote ownership of a share in a credit union. [1975 c.652 �42; 1985 c.801 �4; 1987 c.158 �153; 1987 c.650 �7]

�� 723.406 Dividends. (1) At such intervals and for such periods as the board of directors may authorize, and after provision for the required reserves, the board of directors may declare dividends to be paid on shares or share certificates. Dividends may be paid at various rates, or not paid at all, with due regard to the conditions that pertain to each class of share.

�� (2) Subject to the approval of the board of directors, accounts closed between dividend periods may be credited with dividends at the rate set by the board of directors. [1975 c.652 �43; 1985 c.206 �1; 1985 c.801 �5; 1995 c.319 �2; 2001 c.308 �4]

�� 723.410 [Amended by 1959 c.106 �19; 1967 c.279 �6; repealed by 1975 c.652 �88]

�� 723.412 Deposit and deposit certificate accounts; interest; priority. (1) A credit union may receive savings in deposit and deposit certificate accounts from its members and other credit unions, subject to such conditions as the board of directors establishes.

�� (2) Deposit and deposit certificate accounts differ from shares and share certificates in that a predeclared rate of return, as determined from time to time at such rates and upon such classes of deposit and deposit certificate accounts as are established by the board of directors, shall be established on deposit accounts.

�� (3) Interest may be paid on deposits and deposit certificates at various rates with due regard to the conditions that pertain to each type of account such as minimum balance, notice and time requirements.

�� (4) In the event of liquidation of a credit union, shares and share certificates shall be subordinate to the claims of depositors and other creditors. [1975 c.652 �44; 1985 c.801 �8]

�� 723.416 [1975 c.652 �45; repealed by 1999 c.185 �58]

�� 723.420 [Repealed by 1959 c.106 �23]

�� 723.422 [1975 c.652 �46; repealed by 1999 c.185 �58]

�� 723.426 Joint accounts. A member may designate any person or persons to hold shares, deposits and thrift club accounts with the member in joint tenancy, with or without the right of survivorship, but no joint tenant, unless a member in the member�s own right, shall be permitted to vote, obtain loans, or hold office or be required to pay an entrance or membership fee. [1975 c.652 �47; 1977 c.555 �16; 1991 c.635 �11]

�� 723.430 [Repealed by 1975 c.652 �88]

�� 723.432 Trust accounts. Shares may be issued and deposits may be held in the name of a member in trust for a beneficiary, including a minor, but no beneficiary, unless a member in the beneficiary�s own right, shall be permitted to vote, obtain loans, hold office or be required to pay an entrance or membership fee. [1975 c.652 �48; 1977 c.555 �17]

�� 723.434 Share draft accounts. (1) A credit union may allow a member holding a regular share or deposit account to use that account as a share draft account as provided in this section, subject to conditions established by the board of directors.

�� (2) As used in this section:

�� (a) �Share draft� means a negotiable or nonnegotiable draft used to withdraw shares or deposits from a share draft account.

�� (b) �Share draft account� means any regular share account or deposit account from which the credit union allows shares or deposits to be withdrawn by means of a share draft or other order.

�� (3) Th

ORS 196.865

196.865 in 1989]

�� 541.656 Water Supply Development Account. (1) The Water Supply Development Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Supply Development Account shall be credited to the account. Moneys in the account are continuously appropriated to the Water Resources Department for use in carrying out ORS 541.651 to 541.696.

�� (2) The department may expend moneys from the account for:

�� (a) Subject to subsection (4) of this section, making loans and grants to evaluate, plan and develop in-stream and out-of-stream water development projects approved by the Water Resources Commission, including but not limited to projects that:

�� (A) Repair or replace infrastructure to increase the efficiency of water use;

�� (B) Provide new or expanded water storage;

�� (C) Improve or alter operations of existing water storage facilities in connection with newly developed water;

�� (D) Create new, expanded, improved or altered water distribution, conveyance or delivery systems in connection with newly developed water;

�� (E) Allocate federally stored water;

�� (F) Promote water reuse;

�� (G) Promote water conservation;

�� (H) Provide streamflow protection or restoration;

�� (I) Provide for water management or measurement in connection with newly developed water; and

�� (J) Determine seasonally varying flows in connection with newly developed water.

�� (b) Paying the necessary administrative and technical costs of the department in carrying out ORS 541.651 to 541.696.

�� (c) In connection with a water development project funded under paragraph (a) of this subsection, providing equipment for long-term monitoring of project outcomes, including but not limited to monitoring compliance with established seasonally varying flows in connection with newly developed water.

�� (3)(a) In addition to any other permissible uses of moneys in the account, the department may expend moneys from the account to support:

�� (A) Ongoing studies conducted by the United States Army Corps of Engineers to allocate stored water; and

�� (B) Comprehensive basin studies conducted by the United States Bureau of Reclamation.

�� (b) Expenditures described in this subsection are not subject to any grant or loan procedures, public benefit scoring or ranking or other requirements or restrictions for grants or loans established under ORS 541.651 to 541.696.

�� (4) The department may expend account moneys under subsection (2) of this section for loans and grants to develop in-stream and out-of-stream water development projects only if the department determines under ORS 540.530 that any transfer of water rights for the project will not injure existing water rights. [2013 c.784 �3; 2025 c.82 �4]

�� Note: See note under 541.651.

�� 541.657 Exemptions for certain expenditures of moneys from Water Supply Development Account; loan and grant agreements. (1) Unless otherwise specified in an Act referencing this section, an expenditure of moneys from the Water Supply Development Account is not subject to ORS 541.663, 541.666, 541.669, 541.673 or 541.677 if the expenditure is for a project specifically named in an Act as subject to this section and the Act:

�� (a) Appropriates moneys to the account from the General Fund; or

�� (b) Authorizes a transfer of lottery bond proceeds to the account.

�� (2) A recipient of funding for a project described in subsection (1) of this section shall provide information requested by the Water Resources Department to comply with the provisions of ORS 541.651 to 541.696 unless ORS 541.651 to 541.696 are excluded in the Act referenced in subsection (1) of this section, and shall enter into a grant or loan agreement prior to the department disbursing funds to the recipient. [2017 c.725 �20; 2020 s.s.2 c.10 �64; 2025 c.82 �5]

�� Note: 541.657 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 541.659 Loan and grant applicants. (1) Loans and grants may be made from the Water Supply Development Account to persons as defined in ORS 536.007, to a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon and nonprofit organizations.

�� (2) If an applicant is required to have a water management and conservation plan, the plan must be:

�� (a) Submitted to the Water Resources Department prior to department acceptance of an application for a loan or grant from the account.

�� (b) Approved by the department before the project is awarded a loan or grant. [2013 c.784 �4; 2020 s.s.1 c.15 �18; 2025 c.82 �6]

�� Note: See note under 541.651.

�� 541.660 [1967 c.567 �12; 1973 c.330 �8; 1973 c.674 �11; 1979 c.284 �166; 1985 c.414 �3; renumbered 196.735 and then

ORS 198.745

198.745.

�� (4) The order adopted by the assembly may include a plan for zoning or subdistricting the surviving or successor district for the purpose of nominating or electing members of its board if the principal Act for the district provides for election or representation by zone or subdistrict. The plan must describe the proposed boundaries of the zones or subdistricts. If required by the principal Act, the plan also must include a map of the proposed zone or subdistrict boundaries.

�� (5) If the merger or consolidation is initiated by petition and the petition includes a debt distribution plan, the order adopted under this section shall include that plan. [1983 c.142 �10; 1983 c.350 �7b]

�� 198.905 Certification of election results. The governing body of each affected entity shall meet separately not later than the fifth day after receiving from the county clerk the abstract of the votes cast in the entity in an election on consolidation or merger. At the meeting, the governing body of the entity shall determine the result of the election and certify the result to the governing body of each of the affected entities. [1971 c.727 �46; 1983 c.142 �11]

�� 198.910 Joint meeting of governing bodies of merged or consolidated districts and cities; election of board members for surviving or successor district; terms. (1) If the proposal for merger or consolidation is approved by a majority of the votes cast in each affected entity required for approval of the proposal, the governing body of the affected entity with the largest population according to the most recent federal decennial census shall call a joint meeting of the governing bodies of the affected entities. The meeting shall be held at a time and place designated by the governing body calling the meeting, not later than 10 days after the canvass of the vote in the entity last canvassed. The secretary of the entity calling the meeting shall give notice of the time and place of the meeting to each member of the governing body of each affected entity.

�� (2) At the joint meeting, a majority of the members of the governing body of each affected entity constitute a quorum for the transaction of business. The members so assembled shall from among the members elect a number of persons consistent with the principal Act to serve as board members of the surviving or successor district. The board so elected shall immediately meet and organize as provided by the principal Act and shall by resolution declare the districts merged or consolidated and each affected city joined, as the case may be. From the date of adoption of the resolution the merger or consolidation is complete, and the city territory, together with any territory thereafter annexed to the city, is included in the boundaries of the surviving or successor district and shall be subject to all the liabilities of the district in the same manner and to the same extent as other territory included in the district.

�� (3) Of the persons elected under subsection (2) of this section to serve as board members of the surviving or successor district, three shall serve until June 30 following the next regular district election as defined in ORS 255.005 and the remaining members shall serve until June 30 next following the second regular district election. However, if the principal Act provides for a board of directors of three members for the surviving or successor district, then two members shall serve until June 30 following the next regular district election as defined in ORS 255.005 and the remaining member shall serve until June 30 next following the second regular district election. The terms of office of the members shall be determined by lot. [1971 c.727 �47; 1983 c.142 �12; 1989 c.503 �1; 1993 c.424 �4]

�� 198.912 Apportionment of board members for certain surviving or successor districts. Notwithstanding ORS 198.910, when, at an election on consolidation or merger, a majority of the votes cast in each affected district is in favor of merger or consolidation or when merger or consolidation of districts is approved by a final order of a local government boundary commission, if two or more of the affected districts each have 20 percent or more of the electors or owners of land within the successor or surviving district, then each such affected district shall be represented on the board elected under ORS 198.910 as follows:

�� (1) By one member when the percentage of electors or owners of land in the affected district is at least 20 percent but less than 40 percent of the electors or owners of land within the successor or surviving district.

�� (2) By two members when the percentage of electors or owners of land in the affected district is at least 40 percent but less than 60 percent of the electors or owners of land within the successor or surviving district.

�� (3) By the number of board members remaining after apportionment of board members under subsections (1) and (2) of this section when, among all of the affected districts, the percentage of electors or owners of land in the affected district is the highest percentage of electors or owners of land within the successor or surviving district. [1997 c.590 �5]

�� 198.915 Election of board members at regular district election. At the first regular election held in the surviving or successor district, two or three district board members shall be elected as provided by ORS 198.910 (3). [1971 c.727 �48; 1993 c.424 �5]

(Dissolution)

�� 198.920 Dissolution procedure. (1) Dissolution of a district may be initiated:

�� (a) By a petition of the electors requesting dissolution of the district, filed with the county board.

�� (b) By resolution of the district board filed with the county board when the district board determines that it is in the best interest of the inhabitants of the district that the district be dissolved and liquidated.

�� (c) By resolution of the county board:

�� (A)(i) If the district at the time of the regular district election has not elected district board members, as required by the principal Act, to fill vacancies on the district board; or

�� (ii) If the territory within the district is uninhabited; and

�� (B) If the county board determines that it is in the best interest of the people of the county that the district be dissolved and liquidated.

�� (2) Within five days after a petition is filed or a resolution of a county board is adopted under this section, a copy shall be filed with the district secretary, if any, or with any other district officer who can with reasonable diligence be located.

�� (3) If there are no qualified district board members, the county board shall act as or appoint a board of trustees to act in behalf of the district. [1971 c.727 �49; 2011 c.9 �20]

�� 198.925 Findings of fact by district board. (1) When dissolution proceedings have been initiated, the district board shall make findings of fact that include:

�� (a) The amount of each outstanding bond, coupon and other indebtedness, with a general description of the indebtedness and the name of the holder and owner of each, if known.

�� (b) A description of each parcel of real property and interest in real property and, if the property was acquired for delinquent taxes or assessments, the amount of such taxes and assessments on each parcel of property.

�� (c) The amount of uncollected taxes, assessments and charges levied by the district and the amount upon each lot or tract of land.

�� (d) A description of the personal property and of all other assets of the district.

�� (e) The estimated cost of dissolution.

�� (2) The district board shall propose a plan of dissolution and liquidation.

�� (3) Within 30 days after initiation of the dissolution proceeding, the findings of fact and the proposed plan of dissolution and liquidation shall be filed in the office of the county clerk and shall be available for inspection by any interested person. [1971 c.727 �50; 2011 c.9 �21]

�� 198.927 Annexation of dissolved district. Upon dissolution of a district pursuant to ORS 198.920, a district that was formed under the same principal Act as the district that was dissolved may annex, pursuant to ORS 198.850 to 198.869, all or any part of the territory of the dissolved district. [2011 c.369 �2]

�� Note: 198.927 was added to and made a part of ORS chapter 198 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 198.930 Plan for dissolution and liquidation. The plan of dissolution and liquidation may include provision for transfer and conveyance of all assets of the district to any other district or, in the case of a county service district, to the county in which the district is located, which has the authority to and agrees to assume the outstanding indebtedness of the dissolving district, if any, and to continue to furnish similar services to the inhabitants of the district. [1971 c.727 �51; 1987 c.504 �8]

�� 198.935 Election on dissolution; consent of creditors; content of notice. (1) When the district to be dissolved is within the jurisdiction of a local government boundary commission, within 10 days after the district board files the plan of dissolution and liquidation required by ORS 198.925, the district board shall file the documents initiating dissolution with the boundary commission in accordance with ORS

ORS 205.130

205.130 or in the lien docket maintained through an electronic medium as provided in this section.

�� (5) A city that establishes an electronic lien record as authorized by this section shall record in the County Clerk Lien Record maintained under ORS 205.130 a statement that indicates the date and time at which the electronic lien record takes priority over the County Clerk Lien Record and that describes the methods by which the electronic lien records of the city are made accessible. [1987 c.586 �2a; 1995 c.709 �1; 1997 c.840 �1; 2003 c.576 �229; 2019 c.625 �65]

�� 93.645 Priority of purchaser; extinguishing judgment lien; right of judgment creditor; �judgment� defined. (1) The interest of the purchaser, the heirs and assigns of the purchaser, under a contract for the purchase and sale of realty, if such contract or memorandum thereof has been recorded in deed records, shall have priority over the lien of any subsequent judgment against the seller of the property, the heirs and assigns of the seller, and conveyance in fulfillment of said contract shall extinguish the lien of any such judgment.

�� (2) Subsection (1) of this section shall not be construed to limit the right of a judgment creditor to execute upon a vendor�s interest in a land sales contract.

�� (3) For the purposes of subsection (1) of this section, �judgment� includes any lien which by law becomes a lien upon real property in the same manner as a judgment, and includes a judgment or any such lien in favor of the State of Oregon and its agencies. [1975 c.270 ��1,2,3]

�� 93.650 Effect of record or certified transcript in evidence. The record of a conveyance duly recorded, or a transcript thereof certified by the county clerk in whose office it is recorded may be read in evidence in any court in the state, with the like effect as the original conveyance. However, the effect of such evidence may be rebutted by other competent testimony.

�� 93.660 Effect of abstract of title as evidence. Any abstract of title to real property in this state certified by any person regularly engaged in this state in the business of preparing and certifying such abstracts shall be received in all courts as prima facie evidence of the existence, condition and nature of the record of all deeds, mortgages and other instruments, conveyances or liens shown or mentioned in the abstract as affecting the property, and that the record is as described in such abstract.

�� 93.670 Power of attorney and executory contract for sale or purchase of lands; recordability; effect as evidence; revocation. (1) Every letter of attorney, or other instrument containing a power to convey lands, as agent or attorney for the owner of such lands, and every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed for the acknowledgment or proof of conveyances, may be recorded in the county clerk�s office of any county in which the lands to which such power or contract relates is situated. When so acknowledged or proved, such letter, instrument or contract, and the record thereof when recorded, or the certified transcript of such record, may be read in evidence in any court in this state without further proof of the same.

�� (2) No letter of attorney, or other instrument so recorded, is deemed to be revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power was recorded.

�� 93.680 Patents, judgments and official grants; recordability; evidence. (1) The following are entitled to be recorded in the record of deeds of the county in which the lands lie, in like manner and with like effect as conveyances of land duly acknowledged, proved or certified:

�� (a) The patents from the United States or of this state for lands within this state.

�� (b) Judgments of courts in this state requiring the execution of a conveyance of real estate within this state.

�� (c) Approved lists of lands granted to this state, or to corporations in this state.

�� (d) Conveyances executed by any officer of this state by authority of law, of lands within this state.

�� (2) The record of any such patent, judgment, approved lists or deeds recorded, or a transcript thereof certified by the county clerk in whose office it is recorded, may be read in evidence in any court in this state, with like effect as the original. [Amended by 1979 c.284 �93]

�� 93.690 Recording of instruments evidencing passage of title to land from United States to State of Oregon. (1) The Director of the Department of State Lands shall forward all patents and clear lists of land and other documents evidencing that title to land has passed from the United States to the State of Oregon, which have been or shall be received by the State of Oregon, to the officer in each county of the state in which any of such land is situated whose duty it is to record conveyances of real estate. Upon the receipt of such patents, clear lists or other documents, the recording officer of the county shall forthwith record the instruments in the records of deeds of the county and index them in the manner provided for indexing deeds. When the recording officer has properly recorded such instruments the recording officer shall return them to the Director of the Department of State Lands.

�� (2) When any such instrument includes land in more than one county, the record of the instrument in each county need include only the description of the land lying wholly or partly in that county and all other land may be indicated as omitted. [Amended by 1999 c.803 �1]

�� 93.710 Instruments or memoranda creating certain interests in realty; contents; reforestation order; effect of recording. (1) Any instrument creating a license, easement, profit a prendre, or a leasehold interest or oil, gas or other mineral interest or estate in real property or an interest in real property created by a land sale contract, or memorandum of such instrument or contract, which is executed by the person from whom the interest is intended to pass, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of deeds of real property in the county where such real property is located. Any instrument creating a mortgage or trust deed, or a memorandum thereof, or assignment for security purposes relating to any of the interests or estates in real property referred to in this subsection, which is executed by the person from whom the mortgage, trust deed, or assignment for security purposes is intended to be given, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of mortgages of real property in the county where such real property is located. Such recordation, whether the instrument be recorded prior to or subsequent to May 29, 1963, constitutes notice to third persons of the rights of the parties under the instrument irrespective of whether the party granted such interest or estate is in possession of the real property. Any such instrument when so acknowledged or proved, or certified in the manner prescribed by law by any of the authorized officers, may be read in evidence without further proof thereof.

�� (2) Any notice under ORS 527.710 or order under ORS 527.680 by the State Forester requiring the reforestation of specific lands may be indexed and recorded in the records of deeds of real property in the county where such real property is located. Such recordation constitutes notice to third persons of the rights and obligations of the parties to the notice or order. Any such notice or order when properly prepared in the manner prescribed by law by any of the authorized officers may be read in evidence without further proof thereof.

�� (3)(a) As used in this section, �memorandum� means an instrument that:

�� (A) Contains the date of the instrument being memorialized;

�� (B) Contains the names and addresses of the parties;

�� (C) Contains a legal description of the real property involved and the nature of the interest created which is signed by the person from whom the interest is intended to pass; and

�� (D) Is acknowledged or proved in the manner provided for the acknowledgment or proof of deeds.

�� (b) In addition to the requirements of paragraph (a) of this subsection, a memorandum of a mortgage or trust deed shall contain:

�� (A) The legend �Memorandum of Mortgage� or �Memorandum of Trust Deed� either in capital letters or underscored above the body of the memorandum;

�� (B) A description of any collateral encumbered by the mortgage or trust deed, other than the real property, that can be perfected by filing in the real property records of the county in which the collateral is situated;

�� (C) A description in general terms of the obligation or obligations secured and a statement of the term or maturity date, if any, of the obligation or obligations;

�� (D) A statement by the mortgagee or beneficiary that a complete copy of the mortgage or trust deed is available upon written request to the mortgagee or beneficiary; and

�� (E) If the mortgage or trust deed constitutes a line of credit instrument as defined in ORS 86.155, the information required to appear on the front page of the instrument under ORS 86.155 (1)(b).

�� (c) In addition to the requirements of paragraph (a) of this subsection, a memorandum of an instrument conveying or contracting to convey fee title to any real estate shall state on its face the true and actual consideration paid for such transfer as provided in ORS 93.030. [Amended by 1963 c.416 �1; 1973 c.696 �20; 1977 c.605 �3; 1983 c.759 �2; 1987 c.225 �2; 1997 c.152 �2]

�� 93.720 [Amended by 1985 c.540 �28; repealed by 1987 c.586 �49]

�� 93.730 Recordation of judgment in other counties. A certified copy of any judgment or order of confirmation affecting lands in this state made in any action may be recorded in the records of deeds in any county in which the land affected is wholly or partly situated by any party interested in the land or in the action. After the transcript is so recorded, the judgment is notice to all persons of the action and of the judgment or order, as completely as if the entire proceedings were had originally in the county in which the transcript is recorded. The record of the transcript is prima facie evidence of title as therein determined. [Amended by 2003 c.576 �354]

�� 93.740 Notice of lis pendens; contents; recordation; effect; discharge. (1) In all suits in which the title to or any interest in or lien upon real property is involved, affected or brought in question, any party thereto at the commencement of the suit, or at any time during the pendency thereof, may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises lies a notice of the pendency of the action containing the names of the parties, the object of the suit, and the description of the real property in the county involved, affected, or brought in question, signed by the party or the attorney of the party. From the time of recording the notice, and from that time only, the pendency of the suit is notice, to purchasers and incumbrancers, of the rights and equities in the premises of the party filing the notice. The notice shall be recorded in the same book and in the same manner in which mortgages are recorded, and may be discharged in like manner as mortgages are discharged, either by such party or the attorney signing the notice.

�� (2) Except as provided in subsection (3) of this section, a conveyance or encumbrance that is not recorded in the manner provided by law before the filing of a notice of pendency that affects all or part of the same real property is void as to the person recording the notice of pendency for all rights and equities in the real property that are adjudicated in the suit. The provisions of this subsection apply only to a conveyance or encumbrance that under the provisions of ORS

ORS 205.990

205.990�� Penalties

GENERAL PROVISIONS

�� 205.010 Definitions. (1) As used in the statutes of this state in reference to a chattel mortgage and action by the appropriate recording officer, �record,� �recorded� and �recording� mean �record or file,� �recorded or filed� or �recording or filing,� as the context requires.

�� (2) As used in this chapter:

�� (a) �Person� means an individual, organization, corporation, government, governmental subdivision or agency, business trust, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity.

�� (b) �Text� includes the words contained in the body of an instrument to be recorded and the names of the transactions contained in the instrument. The term does not include instructions for completing the instrument, form numbers or statutory references.

�� (c) �Transaction� means an action, including but not limited to a transfer, encumbrance or release affecting title to or an interest in real property, that is required or permitted by state law or rule or federal law or regulation to be recorded. [Amended by 1991 c.230 �10; 1993 c.321 �1; 2001 c.713 �1; 2005 c.82 �1; 2009 c.294 �17]

POWERS AND DUTIES

�� 205.110 General powers and duties of county clerk. (1) The county clerk in each county shall keep and maintain the records of the county governing body.

�� (2) The county clerk of any county in which the county court has judicial functions shall, for the county court:

�� (a) Keep the seal of the court, and affix it in all cases required by law.

�� (b) Record the proceedings of the court.

�� (c) Keep the records, files, books and papers pertaining to the court.

�� (d) File all papers delivered to the clerk for that purpose in any action or proceeding in the court.

�� (e) Attend the terms of the court, administer oaths and receive the verdict of a jury in any action or proceeding therein, in the presence and under the direction of the court.

�� (f) Under the direction of the court enter its orders and judgments.

�� (g) Authenticate, by certificate or transcript, as may be required, the records, files or proceedings of the court, or any paper pertaining thereto, and filed with the clerk.

�� (h) Exercise the powers and perform the duties conferred upon the clerk by statute.

�� (i) In the performance of duties pertaining to the court, conform to the direction of the court.

�� (3) The county clerk may take and certify the proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged. [1977 c.594 �2; 1981 s.s. c.3 �39; 1983 c.327 �5; 1985 c.540 �40; 1991 c.230 �11]

�� 205.120 [Repealed by 1959 c.552 �16]

�� 205.125 County Clerk Lien Record; contents; effect. (1) The County Clerk Lien Record maintained under ORS 205.130 shall contain the following information for each order or warrant recorded:

�� (a) The name of any person subject to the order or warrant.

�� (b) The name of the officer and the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given. The name of the agency or board that issued the order or warrant must be clearly printed on the order or warrant.

�� (c) The amount of any monetary obligation imposed by the order or warrant, and the names of all persons against whom the obligation is imposed.

�� (d) The date on which the order or warrant was received and recorded.

�� (e) Full or partial satisfaction, if any, of any lien claim created by the order or warrant.

�� (f) County Clerk Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall be on official letterhead and include the seals, if any, of the officers and agencies.

�� (g) Such other information as may be considered necessary by the county clerk.

�� (2) From the date that an order or warrant is recorded in the County Clerk Lien Record, the order or warrant shall have the attributes and effect of a judgment that has been entered in the register of the circuit court for that county, including but not limited to the creation of a judgment lien for any monetary obligation in favor of the officer or agency issuing the order or warrant or in favor of the complainant or claimant in the proceedings before the Construction Contractors Board or State Landscape Contractors Board, renewal and enforcement by supplementary proceedings, writs of execution, notices of garnishment and writs of garnishment.

�� (3) From the date that an order or warrant imposing a monetary obligation is recorded in the County Clerk Lien Record, the order or warrant becomes a lien upon the title to and interest in property of the person against whom it is issued in the same manner as a judgment that creates a judgment lien under ORS chapter 18.

�� (4) In addition to any other remedy provided by law, orders and warrants recorded in the County Clerk Lien Record may be enforced as provided in ORS 205.126. [1983 c.696 �1; 1985 c.343 �10; 1987 c.586 �30; 1989 c.706 �2; 1997 c.387 �1; 1999 c.153 �5; 1999 c.654 �13; 2003 c.576 �194; 2007 c.793 �4]

�� 205.126 Enforcement of order or warrant recorded in County Clerk Lien Record; renewal of order or warrant; notice of renewal. (1) At any time after recording an order or warrant in the County Clerk Lien Record, a complainant or claimant or an attorney for an agency, complainant or claimant may file in the circuit court for the county where the order or warrant is recorded, a copy of the original order or warrant certified by the agency to be a true copy of original, and an affidavit of the complainant, claimant or attorney verifying that the order or warrant was recorded in the County Clerk Lien Record for that county, the date that the order or warrant was recorded and the date on which any notice of renewal was recorded under subsection (2) of this section. Subject to any other requirements that may apply to the enforcement remedy sought by the agency, complainant or claimant, proceedings may thereafter be commenced by the agency, complainant or claimant for the enforcement of the order or warrant, in the same manner as provided for the enforcement of judgments issued by a court. Enforcement proceedings may include:

�� (a) Writ of execution proceedings under ORS 18.252 to 18.993.

�� (b) Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.

�� (c) Garnishment proceedings under ORS 18.600 to 18.850.

�� (2) At any time within 10 years after the recording of an order or warrant, an agency, complainant or claimant, acting with or without the assistance of an attorney, may renew an order or warrant by recording a notice of renewal in the County Clerk Lien Record. A notice of renewal recorded within the time specified by this subsection has the attributes and effect of an extension of judgment remedies noted in the register under ORS 18.182, from the date that the notice is recorded. A notice of renewal recorded under this section must state:

�� (a) The name of the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given;

�� (b) The names of all persons against whom a monetary obligation is imposed under the order or warrant; and

�� (c) The date of recording and the recording number, the book and page number for the recording, or the volume and page number for the recording.

�� (3) For the purposes of this section:

�� (a) �Agency� means any state officer, board, commission, corporation, institution, department or other state body that has authority to record an order or warrant in the County Clerk Lien Record.

�� (b) �Complainant or claimant� means a person in favor of which a board order has been recorded under the provisions of ORS 671.707 or 701.153. [1997 c.387 �2; 1999 c.153 �6; 2001 c.249 �75; 2003 c.576 �195; 2007 c.793 �5; 2007 c.836 �41]

�� 205.127 Recording in County Clerk Lien Record for certain liens. The County Clerk Lien Record in each county where the real property is located is the place of recording a lien filed pursuant to CERCLA, 100 U.S. Stat 1630. [1987 c.586 �48]

�� 205.130 Recording duties of county clerk. The county clerk shall:

�� (1) Have the custody of, and safely keep and preserve, all files and records of deeds and mortgages of real property and a record of all maps, plats, contracts, powers of attorney and other interests affecting the title to real property required or permitted by law to be recorded.

�� (2) Record, or cause to be recorded, in a legible and permanent manner, and keep in the office of the county clerk, all:

�� (a) Deeds and mortgages of real property, powers of attorney and contracts affecting the title to real property, authorized by law to be recorded, assignments thereof and of any interest therein when properly acknowledged or proved and other interests affecting the title to real property required or permitted by law to be recorded;

�� (b) Certificates of sale of real property under execution or order of court, or assignments of previously recorded certificates or of any interest in real property, when properly acknowledged or proved;

�� (c) Certified copies of death records of any person appearing in the county records as owning or having a claim or interest in land in the county. A certified copy of a death record recorded in the deed records of a county under this subsection is a public record and is not subject to the disclosure limitations under ORS

ORS 206.991

206.991�� Penalties

DUTIES OF SHERIFF

�� 206.010 General duties of sheriff. The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of the office of sheriff, it is the sheriff�s duty to:

�� (1) Arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses.

�� (2) Defend the county against those who, by riot or otherwise, endanger the public peace or safety.

�� (3) Execute the process and orders of the courts of justice or of judicial officers, when delivered to the sheriff for that purpose, according to law.

�� (4) Execute all warrants delivered to the sheriff for that purpose by other public officers, according to law.

�� (5) Attend, upon call, the Supreme Court, Court of Appeals, Oregon Tax Court, circuit court, justice court or county court held within the county, and to obey its lawful orders or directions. [Amended by 1985 c.339 �1]

�� 206.015 Qualifications of sheriff; certification as police officer; determination of eligibility to be candidate for election to office of sheriff. (1) A person is not eligible to be a candidate for election or appointment to the office of sheriff unless:

�� (a) The person is 21 years of age or older;

�� (b) The person has at least four years� experience as a full-time law enforcement officer or at least two years� experience as a full-time law enforcement officer with at least two years� post-high-school education; and

�� (c) The person has not been convicted of a felony or of any other crime that would prevent the person from being certified as a police officer under ORS 181A.355 to 181A.689.

�� (2) As used in subsection (1) of this section, �two years� post-high-school education� means four semesters or six quarters of classroom education in a formal course of study undertaken after graduation from high school in any accredited college or university. The term does not include apprenticeship or on-the-job training.

�� (3) If the person is not certified as a police officer by the Department of Public Safety Standards and Training at the time of accepting appointment or filing as a candidate, a person elected or appointed to the office of sheriff must obtain the certification not later than one year after taking office. A copy of the certification shall be filed with the county clerk or the county official in charge of elections. The county governing body shall declare the office of sheriff vacant when the person serving as sheriff is not certified as a police officer within one year after taking office.

�� (4) The Department of Public Safety Standards and Training, in consultation with the Board on Public Safety Standards and Training, shall establish a procedure for determining whether an individual is eligible under subsection (1) of this section to be a candidate for election to the office of sheriff. A copy of the department�s determination of an individual�s eligibility to be a candidate for election to the office of sheriff shall be filed with the county clerk or county official in charge of elections not later than the 61st day before the date of the election. If the department determines that the individual is not eligible to be a candidate for election to the office of sheriff, the county clerk or county official in charge of elections shall not place the name of the individual on the ballot at the election. [1971 c.299 �1; 1981 c.808 �5; 1987 c.484 �1; 1993 c.493 �87; 1997 c.853 �35]

�� 206.020 [Amended by 1983 c.310 �1; repealed by 2013 c.34 �1]

�� 206.030 Duty to execute process and make return; taking concealed personal property; use of force. An officer to whom any process, order or paper is delivered shall execute or serve it according to its command or direction, or as required by law, and must make a written return of the execution or service thereof. If a sheriff is directed by a court to take personal property into custody at a specific premises, and the property is concealed in a building or enclosure, the sheriff shall demand its delivery. If delivery is not made, the sheriff shall use such reasonable force as is necessary to enter into the building or enclosure and take the property into possession. [Amended by 2003 c.304 �1]

�� 206.040 Execution of process and service of papers. When any process, order or paper is delivered to an officer, to be executed or served, the officer shall deliver to the person delivering it, if required, on payment of the fee, a written memorandum, specifying the names of the parties in the process, order or paper, the general nature thereof and the day on which it was received. The officer shall also, when required by law, or upon the request of the party served, without fee, deliver to the party a copy thereof.

�� 206.050 Commanding assistance in process serving. (1) When an officer finds, or has reason to apprehend, that resistance will be made to the execution or service of any process, order or paper delivered to the officer for execution or service, and authorized by law, the officer may command as many adult inhabitants of the county of the officer as the officer may think proper and necessary to assist the officer in overcoming the resistance, and if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.

�� (2) National Guard members are exempt from any service commanded under subsection (1) of this section while they continue to be active members. [Amended by 1961 c.454 �209; 2007 c.255 �12]

�� 206.060 When sheriff justified in executing process. A sheriff is justified in the execution of process regular on its face, and appearing to have been issued by competent authority, whatever may be the defect in the proceedings in which it was issued.

�� 206.070 Excusing liability of sheriff in execution of process. No direction or authority by a party or the attorney of the party to a sheriff or the officer of the sheriff, in respect to the execution of process or the return thereof, or to any act or omission relating thereto, can be shown to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in a writing signed by the party to be charged or affected thereby or the attorney of the party.

�� 206.080 Certificate of election or appointment to new sheriff; service on former sheriff. When a new sheriff is elected or appointed, and has qualified, the county clerk shall give the new sheriff a certificate of that fact, under the seal of office of the county clerk. Whenever thereafter the new sheriff is authorized by statute to enter upon the duties of the office, the new sheriff shall serve such certificate upon the former sheriff, from which time the powers of the former sheriff cease, except when otherwise specially provided.

�� 206.090 Delivery of jail, prisoners and process to new sheriff. Within one day after the service of the certificate referred to in ORS 206.080 upon the former sheriff, the former sheriff shall deliver to the successor:

�� (1) The jail of the county, with its appurtenances and the property of the county therein.

�� (2) The prisoners then confined in the county jail.

�� (3) The process or other papers in the custody of the former sheriff, authorizing or relating to the confinement of the prisoners, or if they have been returned, a written memorandum of them and the time and place of their return.

�� (4) All process for the arrest of a party, and all papers relating to the summoning of jurors which have not been fully executed.

�� (5) All executions and final process, except those which the former sheriff has executed, or has begun to execute, by the collection of money or a levy on property.

�� (6) All process or other papers for the enforcement of a provisional remedy not fully executed.

�� 206.100 Written assignment of items delivered. The former sheriff shall also at the time referred to in ORS 206.090 deliver to the new sheriff a written assignment of the property, process, papers and prisoners delivered. The new sheriff shall thereupon acknowledge in writing, upon the assignment, the receipt of the property, process, papers and prisoners therein specified, furnish the former sheriff a certified copy thereof and file the original in the county clerk�s office.

�� 206.110 Return of process by former sheriff; completion of execution of process by successor; duty of successor as to defective or lost deeds. (1) The former sheriff shall return all process, whether before or after judgment, which the former sheriff has fully executed, and the new sheriff and the successor in office shall complete the execution of all final process which the predecessor commenced and did not complete.

�� (2) In all cases where real property is sold under execution by any sheriff, and the sheriff fails or neglects during the term of office of the sheriff, by virtue of the expiration thereof, or otherwise, to make or execute a proper sheriff�s deed conveying the property to the purchaser, or if through mistake in its execution, or otherwise, any sheriff�s deed is inoperative, or if by reason of the loss of an unrecorded sheriff�s deed, the purchaser, the heirs or assigns or successors in interest of the purchaser desire the execution of another sheriff�s deed, the sheriff in office at any time after the purchaser is entitled to a deed shall execute such conveyance. When executed to cure or replace a defective or lost deed such conveyance shall be to the grantee in the defective or lost deed, but shall relate back and be deemed to take effect as of the date of the execution of the defective or lost deed so as to inure to the benefit of the heirs and assigns, or other successors in interest, of the grantee named therein. Such conveyance so executed by the sheriff in office shall have the same force and effect as if executed by the sheriff who made the sale. [Amended by 2003 c.576 �395]

�� 206.120 Disposition of money in custody when office vacant. When the official term of office of any sheriff ends by expiration of the term, death, resignation, removal from office or otherwise, the money in the custody of the sheriff by virtue of the office of the sheriff, belonging to the county or litigants, shall be turned over immediately to the successor in office, and duplicate itemized receipts therefor immediately shall be filed with the county treasurer.

�� 206.130 [Renumbered 206.310]

�� 206.140 [Renumbered 206.320]

�� 206.150 [Renumbered 206.330]

�� 206.160 [Renumbered 206.340]

�� 206.170 [Repealed by 1963 c.331 �13]

�� 206.180 Location of sheriff�s office. The sheriff of each county shall keep an office in such room or building, at the place appointed by law for holding courts therein, as the county court may by order designate.

�� 206.190 [Renumbered 206.350]

�� 206.210 Authority of sheriff over organization of office. Notwithstanding the provisions of ORS 241.016 to 241.990 or any other county civil service law or regulation, the sheriff may organize the work of the office of the sheriff so that:

�� (1) The various duties required of the office may be assigned to appropriate departments and divisions to be performed by persons experienced and qualified for such respective kinds of work.

�� (2) The duties of the various assistants, officers and deputies of the sheriff are coordinated so that, when not engaged in a particular duty specified or directed to be done and not then requiring attention, such persons shall perform the other duties required of the office and then required to be done.

�� (3) The cooperation among assistants, officers, deputies and employees in the departments and divisions may be secured for the purposes of avoiding duplication of time and effort. [1963 c.331 �2]

�� 206.220 [1963 c.331 �3; repealed by 1981 c.48 �8]

�� 206.230 [1963 c.331 ��4,6; repealed by 1981 c.48 �8]

�� 206.240 [1963 c.331 �5; repealed by 1981 c.48 �8]

�� 206.250 [1963 c.331 �7; repealed by 1981 c.48 �8]

�� 206.300 [1971 c.453 �1; repealed by 1975 c.780 �16]

MISCELLANEOUS

�� 206.310 Service of papers on sheriff. Personal service of a paper upon the sheriff may be made by delivering it to a person belonging to and in the office during office hours, or if no such person is there, by leaving it in the office, or if the office is not open, by delivering it to the county clerk or the deputy of the county clerk, at the county clerk�s office. [Formerly 206.130]

�� 206.315 Expenses of sheriff in conveying convicts and persons with mental illness to state institutions. (1) A sheriff is entitled to receive from the county the actual and necessary expenses of the sheriff incurred in transporting and conveying convicts and parole violators to a Department of Corrections institution and persons with mental illness to a state mental hospital when conveyed by the sheriff in pursuance of the adjudication of an authorized tribunal of the state, to be audited and allowed as other claims against the county.

�� (2) All counties are entitled to receive reimbursement from the state in the amounts specified in subsection (3) of this section for the actual and necessary expenses incurred by the sheriff under subsection (1) of this section.

�� (3) Reimbursement by the state under subsection (2) of this section shall be as follows:

�� (a) Full reimbursement for transporting and conveying persons with mental illness to a state mental hospital.

�� (b) Full reimbursement for returning a parole violator to the state penitentiary.

�� (c) Seventy-five percent reimbursement for transporting and conveying a convict to a Department of Corrections institution. [Formerly 204.421; 1987 c.320 �146; 2007 c.70 �55]

�� 206.320 [Formerly 206.140; repealed by 2007 c.218 �6]

�� 206.325 Expenses of sheriff in caring for property in custody. A sheriff is entitled to claim from the plaintiff or moving party in any account, action or proceeding such reasonable sums of money as the sheriff may have been compelled to pay or incur in the care of property in the custody of the sheriff, under attachment, execution or proceedings for the claim and delivery of personal property. [Formerly

ORS 21.270

21.270; 2017 c.663 �17; 2019 c.605 �17]

�� 21.230 [Amended by 1963 c.519 �11; repealed by 1965 c.619 �39]

(Fees for Documents and Forms)

�� 21.235 Document fee. (1) A circuit court shall collect a fee of $18 for:

�� (a) Making or entering a transcript of a judgment.

�� (b) Preparing a certified copy of a satisfaction document under ORS 18.225 (5).

�� (c) Issuing notices of restitution as provided in ORS 105.151.

�� (d) Any other service that is statutorily made subject to the fee established in this section.

�� (2) A circuit court shall collect a fee of $47 for issuing a writ of execution or a writ of garnishment. [2011 c.595 �70; 2013 c.685 ��40,40a; 2014 c.76 �12; 2017 c.663 �20; 2019 c.605 �20]

�� 21.240 [Amended by 1959 c.563 �3; 1963 c.519 �12; repealed by 1965 c.619 �39]

�� 21.245 Form fees. (1) The State Court Administrator may prescribe and charge a reasonable price, covering the costs of labor and material, for any forms provided by the courts of this state. The sums so collected shall be paid over to the State Treasurer and credited to the Court Forms Revolving Fund.

�� (2) Notwithstanding subsection (1) of this section, no charge shall be made for forms made available under the provisions of ORS 107.700 to 107.735 or 124.005 to 124.040 or ORS 163.760 to 163.777. [Formerly 21.361; 2013 c.687 �11]

�� 21.250 [Amended by 1963 c.519 �13; repealed by 1965 c.619 �39]

�� 21.255 Court Forms Revolving Fund. There is established in the General Fund of the State Treasury the Court Forms Revolving Fund. Moneys in the revolving fund are continuously appropriated to the Judicial Department for the purpose of paying the costs of labor and materials incurred by the courts of this state in providing forms as provided in ORS 21.245. [Formerly 21.363]

(Fees for Other Services)

�� 21.258 Fees for other court services. (1) A circuit court may collect such fees as the Chief Justice of the Supreme Court may establish or authorize for any service the court may be required or authorized to perform and for which no fee is provided by law.

�� (2) A fee may not be established under this section for location or inspection of court records. [2011 c.595 �72]

(Fees Not Collectible From Public Bodies)

�� 21.259 Fees not collectible from public bodies. The fees prescribed in ORS 21.235, and the fees established or authorized by the Chief Justice of the Supreme Court under ORS 21.258, may not be collected from the state, from the county in which the court is located or from a city in the county in which the court is located. [2012 c.48 �11]

�� 21.260 [Amended by 1959 c.563 �4; 1963 c.519 �14; repealed by 1965 c.619 �39]

�� 21.270 [Amended by 1963 c.519 �15; 1965 c.619 �13; 1971 c.621 �4; 1975 c.607 �4; 1979 c.833 �5; 1981 s.s. c.3 ��72,73; 1983 c.763 �21; 1985 c.496 �2; 1995 c.664 �70; 1997 c.801 �51; 2003 c.737 ��19,21; 2005 c.702 ��21,22,23; 2011 c.595 �79; renumbered 21.225 in 2011]

�� 21.275 [1985 c.496 �4; 1995 c.664 �71; 1997 c.801 �52; 2003 c.737 ��23,24; 2005 c.702 ��25,26,27; 2007 c.129 �15; repealed by 2011 c.595 �78]

�� 21.280 [1959 c.563 �1; 1963 c.519 �16; repealed by 1965 c.619 �39]

�� 21.285 [Formerly 21.615; repealed by 2025 c.268 �35]

SHERIFF AND PROCESS SERVER FEES

�� 21.300 Sheriff and process server fees. (1) The sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the office of the sheriff:

�� (a) $45 for serving a summons, a subpoena, a citation, an order, a notice, including notice of seizure and sale of personal or real property, a notice of restitution and notice of seizure under writ of attachment or execution or a similar document, including small claims or writ of execution, directed to not more than two parties at the same address. If service is requested for more than two parties at the same address, the fee is $25 for each party at the same address. The fee authorized by this paragraph shall not be charged to the state in civil actions, suits and proceedings where one party is a person who has been appointed counsel at state expense.

�� (b) For seizure and sale of personal or real property, enforcement of writ of execution of judgment of restitution, or other enforcement or seizure under writ of attachment or execution, or other process or proceeding, $80, and, in addition, such sums as may be reasonable and necessary for the costs of standing by in anticipation of securing custody of the property, the expense of securing each keeper or custodian of property, the expense of inventory of property and the expense incurred in advertising required by law in the sale of the property.

�� (c) For making a sheriff�s deed, certificate of redemption or conveyance of real property sold on any process, $50, to be paid by, or for, the grantee.

�� (d) For making a copy of any process, order, notice or other instrument in writing, when necessary to complete the service thereof, for each folio, $3; but no charge shall be made for copy of complaint or other document not actually made by the sheriff.

�� (2) Persons other than a sheriff serving process and other documents may charge any fee agreed to between the server and the person requesting service.

�� (3) The county may retain fees collected for service by the sheriff if the party to be served cannot be found.

�� (4) A sheriff may not collect mileage or commission for service of any document or process but in any service involving travel in excess of 75 miles round trip a sheriff may bill and collect an additional fee not to exceed $45. Mileage shall be measured from the location at which the service is made to the circuit court in that county.

�� (5) Amounts paid for service of process and other documents may be recovered as costs and disbursements to the extent provided by ORS 20.115.

�� (6) A sheriff may not collect a fee under this section for serving a foreign restraining order or an order that only grants relief under ORS 107.095 (1)(c).

�� (7) As used in this section:

�� (a) �Folio� means 100 words, counting two figures as one word. Any portion of a folio, when the whole paper contains less than a folio, or when such portion is an excess over the last folio, shall be deemed a folio.

�� (b) �Foreign restraining order� means a restraining order that is a foreign judgment as defined by ORS 24.105. [Formerly 21.410; 2017 c.390 �1]

�� 21.310 [Amended by 1955 c.458 �3; 1965 c.619 �14; 1971 c.621 �5; 1973 c.506 �1; 1975 c.607 �5; 1979 c.833 �6; 1981 s.s. c.3 �74; 1985 c.496 �5; 1995 c.664 �72; 1997 c.801 �28; 2003 c.737 ��26,27; 2005 c.702 ��29,30,31; 2007 c.129 �16; repealed by 2011 c.595 �20]

�� 21.313 [1959 c.452 �2; 1967 c.111 �4; repealed by 1969 c.591 �305]

�� 21.315 [Formerly 21.360; repealed by 1965 c.619 �39]

�� 21.320 [Amended by 1963 c.519 �17; 1965 c.619 �15; 1967 c.534 �10; 1971 c.621 �6; 1975 c.607 �6; 1979 c.833 �7; 1981 s.s. c.3 ��75,76; 1985 c.496 �7; 1997 c.801 �29; renumbered 21.114 in 1997]

�� 21.325 [Formerly 21.060; 1999 c.649 �43; 2001 c.596 �42; 2003 c.737 ��29,30a,30c; 2005 c.702 ��33,34,35; 2007 c.860 �10; repealed by 2011 c.595 �69]

�� 21.330 [Amended by 1961 c.563 �2; 1963 c.519 �18; repealed by 1965 c.619 �39]

�� 21.335 [Formerly 21.070; repealed by 2011 c.595 �114]

�� 21.340 [Amended by 1963 c.519 �19; repealed by 1965 c.619 �39]

TRANSCRIPT FEES

�� 21.345 Transcript fees. (1)(a) A transcriber may not charge more than $4.25 per page for preparation of a transcript.

�� (b) The Judicial Department may periodically increase the maximum fee a transcriber may charge to account for changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, since the last time the fee was increased. If the Judicial Department increases the fee under this paragraph, the adjusted maximum fee shall be rounded to the nearest quarter dollar, but the unrounded amount shall be used to calculate subsequent adjustments. The increased fee becomes effective on July 1 following the election to increase the fee and applies to transcripts ordered on or after July 1 following the election to increase the fee.

�� (c) A transcriber may not charge a fee in addition to the fee established under this subsection for:

�� (A) An electronic copy required to be served on a party;

�� (B) A paper copy required to be served on an unrepresented party under ORS 19.370 (4)(a) or (b); or

�� (C) A paper copy required to be filed with the trial court under ORS 19.370 (4)(d).

�� (2) Except as provided in subsection (3) of this section, a reporter employed by one of the parties may charge fees as agreed to between the reporter and all of the parties to the proceeding for preparing transcripts on appeal. The reporter and the parties must agree to the fees to be charged before the commencement of the proceeding to be recorded. A share of any fees agreed upon shall be charged to parties joining the proceeding after the commencement of the proceeding.

�� (3) A reporter employed by one of the parties may not charge a public body, as defined by ORS

ORS 215.293

215.293 if the property is in an exclusive farm use zone, a forest zone or a mixed farm and forest zone.

�� (4)(a) A city or county may approve the creation of a lot or parcel to contain a dwelling authorized under sections 5 to 11, chapter 424, Oregon Laws 2007. However, a new lot or parcel located in an exclusive farm use zone, a forest zone or a mixed farm and forest zone may not exceed:

�� (A) Two acres if the lot or parcel is located on high-value farmland, on high-value forestland or on land within a ground water restricted area; or

�� (B) Five acres if the lot or parcel is not located on high-value farmland, on high-value forestland or on land within a ground water restricted area.

�� (b) If the property is in an exclusive farm use zone, a forest zone or a mixed farm and forest zone, the new lots or parcels created must be clustered so as to maximize suitability of the remnant lot or parcel for farm or forest use.

�� (5) If an owner is authorized to subdivide or partition more than one property, or to establish dwellings on more than one property, under sections 5 to 11, chapter 424, Oregon Laws 2007, and the properties are in an exclusive farm use zone, a forest zone or a mixed farm and forest zone, the owner may cluster some or all of the dwellings, lots or parcels on one of the properties if that property is less suitable than the other properties for farm or forest use. If one of the properties is zoned for residential use, the owner may cluster some or all of the dwellings, lots or parcels that would have been located in an exclusive farm use zone, a forest zone or a mixed farm and forest zone on the property zoned for residential use.

�� (6) An owner is not eligible for more than 20 home site approvals under sections 5 to 11, chapter 424, Oregon Laws 2007, regardless of how many properties that person owns or how many claims that person has filed.

�� (7) An authorization to partition or subdivide the property, or to establish dwellings on the property, granted under section 6, 7 or 9, chapter 424, Oregon Laws 2007, runs with the property and may be either transferred with the property or encumbered by another person without affecting the authorization. There is no time limit on when an authorization granted under section 6, 7 or 9, chapter 424, Oregon Laws 2007, must be carried out, except that once the owner who obtained the authorization conveys the property to a person other than the owner�s spouse or the trustee of a revocable trust in which the owner is the settlor, the subsequent owner of the property must create the lots or parcels and establish the dwellings authorized by a waiver under section 6, 7 or 9, chapter 424, Oregon Laws 2007, within 10 years of the conveyance. In addition:

�� (a) A lot or parcel lawfully created based on an authorization under section 6, 7 or 9, chapter 424, Oregon Laws 2007, remains a discrete lot or parcel, unless the lot or parcel lines are vacated or the lot or parcel is further divided, as provided by law; and

�� (b) A dwelling or other residential use of the property based on an authorization under section 6, 7 or 9, chapter 424, Oregon Laws 2007, is a permitted use and may be established or continued by the claimant or a subsequent owner, except that once the claimant conveys the property to a person other than the claimant�s spouse or the trustee of a revocable trust in which the claimant is the settlor, the subsequent owner must establish the dwellings or other residential use authorized under section 6, 7 or 9, chapter 424, Oregon Laws 2007, within 10 years of the conveyance.

�� (8) When relief has been claimed under sections 5 to 11, chapter 424, Oregon Laws 2007:

�� (a) Additional relief is not due; and

�� (b) An additional claim may not be filed, compensation is not due and a waiver may not be issued with regard to the property

under ORS 195.305 to

ORS 221.660

221.660); 1987 c.784 �1]

�� 221.630 [Repealed by 1983 c.350 �26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]

�� 221.640 [Repealed by 1983 c.350 �26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]

�� 221.650 Property conveyed to county; cessation of corporate existence; records deposited. Within 30 days after the authorization of the surrender of the charter, the city shall convey, grant, assign and deliver all its property real and personal, and property rights, by proper conveyance, to the county in which the city is located for the benefit and use of the county. The city at the end of 60 days from the date of the election authorizing the surrender shall cease to exist in its corporate capacity without any further or other formal action, and all its property rights and interests shall vest in the county, and the records of the city shall be deposited in the office of the county clerk by the auditor, clerk or other keeper of records in the city. [Amended by 1983 c.350 �28]

DISTRIBUTION UTILITIES

�� 221.655 Privilege tax on distribution utilities; maximum rate; allocation of tax among customers. (1) The city council or governing body of an incorporated city may levy and collect from a distribution utility providing direct access to electricity services under ORS 757.601 (1) or 757.676, except a municipal electric utility, operating for a period of 30 days within the city without a franchise from the city and actually using the streets, alleys or highways in such city for other than travel, a privilege tax for the use of those public streets, alleys or highways. The privilege tax shall be based on a volumetric rate times the volume of electric energy in kilowatt hours delivered, transmitted or distributed to retail electricity consumers within the city by the distribution utility, provided that the privilege tax shall not be applied to electric energy generated by a retail electricity consumer�s own generating facilities or to electric energy delivered by the federal government. The volumetric rate of the privilege tax for the distribution utility may vary by customer class.

�� (2) The privilege tax described in subsection (1) of this section shall be subject to the following:

�� (a) The volumetric rate, in cents per kilowatt hour, for any customer class shall not exceed five percent of the 1999 gross revenue of an electric utility within the city for the customer class divided by the amount of electric energy in kilowatt hours delivered to the customer class in 1999.

�� (b) A city with a franchise fee or privilege tax in effect on July 1, 1999, that was less than five percent shall not establish a volumetric rate for any customer class of the distribution utility in an amount in excess of the city�s 1999 franchise fee or privilege tax rate times the 1999 gross revenue of any electric utility within the city from the customer class divided by the amount of electric energy in kilowatt hours delivered to the customer class in 1999, except following a hearing with notice and opportunity for public comment.

�� (3) Subject to the limitations established in subsection (2) of this section, once a city has established volumetric rates for the purpose of calculating the privilege tax under this section, any subsequent change in the volumetric rates shall be applied on an equal percentage basis to all customer classes.

�� (4)(a) The Public Utility Commission shall determine the manner in which a privilege tax under this section is collected from the customers of an electric company. The privilege tax shall be allocated across an electric company�s customer classes in the same proportional amounts as levied by the city against the electric company.

�� (b) The governing body of an electric cooperative or people�s utility district shall determine the manner in which a privilege tax under this section is collected from the customers of the electric cooperative or people�s utility district. The governing body shall allocate the privilege tax across customer classes in the same proportional amounts as levied by the city against the electric cooperative or people�s utility district. [1999 c.865 �29]

�� 221.660 [Repealed by 1983 c.350 �26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]

�� 221.710 [Amended by 2001 c.779 �8; repealed by 2003 c.518 �2]

MISCELLANEOUS PROVISIONS

�� 221.720 Situs of cities; jurisdiction of cities coextensive with boundaries. (1) For the purpose of the administration of all laws relating to incorporated cities, other than ORS

ORS 221.727

221.727 or 221.729, and to do all acts necessary to the accomplishment of such sale and conveyance. [1965 c.553 �3; 1983 c.216 �3; 2021 c.624 �4]

�� 271.540 County or city operation of industrial facility; exception. A county or city shall not operate an industrial facility as a business enterprise or in any manner except as a lessor. [1965 c.553 �4]

MISCELLANEOUS PROVISIONS

�� 271.600 Use of term �squaw�; exceptions. (1) As used in this section:

�� (a) �Indian tribe� has the meaning given that term in ORS 97.740.

�� (b) �Public body� has the meaning given that term in ORS 174.109.

�� (c) �Public property� has the meaning given that term in ORS 131.705.

�� (2) A public body may not use the term �squaw� in the name of a public property.

�� (3) When a public body changes a name that contains the term �squaw,� the public body shall consider as the replacement name a term or phrase in the language of an Indian tribe.

�� (4) Subsection (2) of this section does not apply if:

�� (a) Federal law requires the use of the term �squaw�; or

�� (b) The public property is a geographic feature that an agency of the United States names using the term �squaw.� [2001 c.652 �1; 2005 c.165 �1]

�� Note: 271.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 271 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 271.610 [1953 c.158 ��1,2; repealed by 1981 c.787 �58]

�� 271.710 [1967 c.318 �1; repealed by 1983 c.642 �11]

CONSERVATION AND HIGHWAY SCENIC PRESERVATION EASEMENTS

�� 271.715 Definitions for ORS 271.715 to 271.795. As used in ORS 271.715 to 271.795, unless the context otherwise requires:

�� (1) �Conservation easement� means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open space values of real property, ensuring its availability for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.

�� (2) �Highway scenic preservation easement� means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open space values of property.

�� (3) �Holder� means:

�� (a) The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 to 451.610 to construct, maintain and operate service facilities in Washington or Clackamas County for the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (5) acting alone or in cooperation with any federal or state agency, public corporation or political subdivision;

�� (b) A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property; or

�� (c) An Indian tribe as defined in ORS 97.740.

�� (4) �Third-party right of enforcement� means a right provided in a conservation easement or highway scenic preservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust, that, although eligible to be a holder, is not a holder. [1983 c.642 �1; 1985 c.160 �1; 1997 c.249 �78; 1999 c.208 �1; 2001 c.708 �12; 2001 c.907 �2; 2003 c.467 �1; 2005 c.368 �1; 2023 c.9 �12]

�� 271.720 [1967 c.318 �2; 1975 c.511 �1; 1981 c.787 �40; repealed by 1983 c.642 �11]

�� 271.725 Acquisition and creation of conservation or highway scenic preservation easement. (1) The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 to 451.610 to construct, maintain and operate service facilities in Washington or Clackamas County for the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (5) may acquire by purchase, agreement or donation, but not by exercise of the power of eminent domain, unless specifically authorized by law, conservation easements in any area within their respective jurisdictions wherever and to the extent that a state agency or the governing body of the county, metropolitan service district, soil and water conservation district, city, park and recreation district or county service district established under ORS 451.410 to 451.610 to construct, maintain and operate service facilities in Washington or Clackamas County for the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (5) determines that the acquisition will be in the public interest.

�� (2) Except as otherwise provided in ORS 271.715 to 271.795, a conservation easement or highway scenic preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.

�� (3) The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 to 451.610 to construct, maintain and operate service facilities in Washington or Clackamas County for the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (5) may acquire by purchase, agreement or donation, but not by exercise of the power of eminent domain unless specifically authorized by law, highway scenic preservation easements in land within 100 yards of state, county or city highway rights of way. These easements may be acquired only in lands that possess significant scenic value in themselves and contribute to the overall scenic beauty of the highway.

�� (4) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement or highway scenic preservation easement before its acceptance by the holder and recordation of the acceptance.

�� (5) Except as provided in ORS 271.755 (2), a conservation easement or highway scenic preservation easement is unlimited in duration unless the instrument creating it otherwise provides.

�� (6) An interest in real property in existence at the time a conservation easement or highway scenic preservation easement is created is not impaired by it unless the owner of the interest is a party to or consents to the conservation easement or highway scenic preservation easement. [1983 c.642 �2; 1985 c.160 �2; 1997 c.249 �79; 1999 c.208 �2; 2003 c.467 �2; 2005 c.368 �2; 2023 c.9 �13]

�� 271.729 Report on effect of conservation or highway scenic preservation easement on property value; fee. (1) An owner of real property considering whether to convey a conservation easement or a highway scenic preservation easement to a holder may apply to the county assessor for a report on the effect of the conveyance of the easement on the assessed value of the property upon which the easement is to be granted.

�� (2) The request for the report shall be made in writing to the assessor and shall be accompanied by:

�� (a) An appraisal of the property prepared by an appraiser certified or licensed under ORS chapter 674. The appraisal shall have been prepared within three months preceding the date that application is made to the assessor and shall state the appraiser�s opinion of the real market value of the property both before and after the easement is conveyed;

�� (b) A copy of the instrument creating the easement; and

�� (c) A fee in an amount determined by the assessor, as reimbursement for the costs of preparing the report.

�� (3) Upon receipt of a completed application, the assessor shall determine what the assessed value for the property would have been had the easement been accepted and recorded by the proposed holder for the last tax year in which a property tax statement described in ORS 311.250 was sent to the property owner. The assessor shall prepare a written report stating the assessor�s findings and shall send the report to the property owner. [2001 c.925 �11]

�� 271.730 [1967 c.318 �3; 1981 c.787 �41; repealed by 1983 c.642 �11]

�� 271.735 Hearing; notice. (1) Before the acquisition of a conservation easement or highway scenic preservation easement, the state agency, county, metropolitan service district, soil and water conservation district, city, park and recreation district or county service district established under ORS 451.410 to 451.610 to construct, maintain and operate service facilities in Washington or Clackamas County for the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (5) considering acquisition of such an easement shall hold one or more public hearings on the proposal and the reasons therefor. The hearings shall be held in the community where the easement would be located and all interested persons, including representatives of other governmental agencies, shall have the right to appear and a reasonable opportunity to be heard.

�� (2) Notice of the hearing shall be published at least twice, once not less than 12 days and once not less than five days, prior to the hearing in a newspaper of general circulation in the community. The notice may also be published by broadcasting or telecasting generally in the community.

�� (3) At least 30 days prior to the hearing, the state agency shall mail notice of the hearing to the governing body of each county, city and other governmental agency having jurisdiction in the area of the proposed easements.

�� (4) This section does not apply to conservation easements or highway scenic preservation easements acquired pursuant to ORS 390.121, 390.310 to 390.338 and 390.805 to

ORS 226.360

226.360, or any part thereof or any right or interest therein, the municipal authorities of the city shall give a notice of such sale by publication for five successive days in one or more daily newspapers of the city having a general circulation therein and by posting a similar notice in two conspicuous places in or upon the property described and referred to in the notice. The notice shall describe the property to be sold and shall state any restrictions under which the property will be sold and the terms of sale. The notice shall further state that sealed proposals will be received by an officer of the city named in the notice at the office of the officer for such purchase until the day and hour named therein. At the time appointed, such municipal authority shall open the proposals and shall either award to the highest responsible bidder for the purchase of the property; or at their discretion, reject any or all bids, and readvertise in the manner provided in this section.

�� 226.380 Condemnation procedure. When it is intended by the municipal authorities of the city to take, use and appropriate private property for any of the purposes mentioned in ORS 226.320 to 226.340 and the owners and the municipal authorities cannot agree upon compensation and damages arising therefrom, compensation and damages shall be considered, ascertained, determined, awarded and paid in the manner provided by general laws relative to condemnation or by such means as may be prescribed by the city charter for widening, opening, laying out or extending streets, or for acquiring private property for park purposes, at the option of the municipal authorities.

�� 226.390 Financing of projects by bond issues. The municipal authorities may issue bonds for the costs and expenses of acquiring the private property for any of the purposes mentioned in ORS 226.320 to 226.380. The bonds shall be at such rate of interest and for such length of time as the municipal authorities determine, shall be advertised and sold in such manner as the municipal authorities determine and shall be a general obligation of the city. The municipal authorities shall, at the time of issuing the bonds, make provisions for the payment of interest and a sinking fund for the retirement thereof.

�� 226.400 Construction of memorials or veterans� facilities in parks within city limits. The city may permit and authorize the following uses of parks, which are lawful uses of any grounds or premises dedicated as public parks, unless the use thereof for such purposes is forbidden by the terms of the conveyance creating such parks:

�� (1) The erection and construction of memorial monuments and buildings.

�� (2) Pioneer memorials and pioneer museums.

�� (3) Memorials and monuments to United States war veterans.

�� (4) Buildings for meeting places of pioneer associations or veterans upon any public park within the limits of the city. [Amended by 2005 c.22 �172]

MUNICIPAL CEMETERIES

�� 226.410 Authority to establish facilities for disposition of human remains within or without city limits. Any incorporated city may acquire, own, maintain and operate cemeteries, crematoria and other facilities authorized for the disposition of human remains either inside or outside its corporate limits, in accordance with such plans as the city governing body deems best. [Amended by 2021 c.296 �27]

�� 226.420 Acquisition of property of cemetery association. Any incorporated city may acquire, by purchase or gift, any ground or other property belonging to any cemetery association, situate within the corporate limits of the city, for the purpose of owning, controlling or operating such cemetery and the interment of the body of any deceased person therein, or the disinterment and removal to a different cemetery of the body of any person buried therein, or for any other purpose.

�� 226.430 Control by city after conveyance. Whenever any cemetery association transfers to any incorporated city, as provided in ORS 226.420, the ground and property of such cemetery association, from and after such transfer the city shall have exclusive control of such cemetery and all property connected therewith.

�� 226.440 Sale of lots by city. Any incorporated city acquiring incorporated cemetery association property as provided in ORS 226.420, may sell or otherwise dispose of any lots or blocks situate in and being a part of such cemetery in the manner prescribed by the common council of such city.

�� 226.450 Authority to expend funds for maintenance of cemeteries. All cities owning and controlling lands, lots or parcels of ground used for cemetery purposes may expend, for the purpose of beautifying, caring for and keeping up all such lands and premises, such public funds as have been included for that purpose in their annual budget.

�� 226.480 [1953 c.51 �1; repealed by 1981 c.48 �8]

�� 226.490 [1971 c.38 �1; repealed by 1981 c.48 �8]

ABANDONED CEMETERIES

�� 226.510 Certain cemeteries as menace to public; acquisition and removal of such cemeteries declared public use. It hereby is found and declared:

�� (1) That there exists within municipal corporations of the state, cemeteries which have been abandoned and cemeteries which have deteriorated and become dilapidated and overgrown with weeds, trees, shrubs or other uncontrolled growth.

�� (2) That such cemeteries, by reason of their unsightly appearance, fire hazard, and by reason of their providing a place of concealment conducive to criminal activities and juvenile delinquency, constitute a menace to the health, safety, morals and welfare of the residents of such municipal corporations; and that these conditions necessitate the use of public funds for crime prevention, fire protection, control of juvenile delinquency, accident protection and other public services and facilities.

�� (3) That the clearance and removal of such cemeteries are public uses and purposes for which public money may be spent, private property acquired, and are governmental functions of municipal and state concern.

�� (4) That the varied nature of ownership of cemetery plots, the diverse ownership of land, the difficulty of locating interested persons, the existence of unknown graves and remains and other conditions prevent an orderly removal of such remains and clearance of such cemeteries, and because of such conditions, it is in the public interest that such cemeteries be acquired by municipal corporations by eminent domain or otherwise, for the orderly removal of such remains to other suitable place or places and the discontinuance of such cemeteries and the exercise of the power of eminent domain, and the financing of the acquisition and preparation of land by a municipal corporation for disinterment and reinterment is declared a public use and purpose. [1953 c.298 �1]

�� 226.520 Definitions for ORS 226.510 to 226.640. As used in ORS 226.510 to 226.640:

�� (1) �Abandoned cemetery� means a cemetery in which remains have not been interred in the last five years and:

�� (a) That does not have a known owner;

�� (b) For which the last known owner is deceased and the title was not conveyed; or

�� (c) That was owned by an entity that no longer exists and that did not convey title.

�� (2) �Cemetery� means a tract of land set apart by deed, will or otherwise, for a burial ground, or for the purpose of interring remains.

�� (3) �Diligent search� means a search reasonably calculated to discover:

�� (a) Graves from the existence of monuments, contour of land and terrain, fencing, curbing and other evidences of the location of graves; and

�� (b) The location of remains and whether or not a given plot contains remains, for which it shall be sufficient to employ the method commonly known as probing.

�� (4) �Municipal corporation� means the governing body of a city incorporated under the laws of this state.

�� (5) �Remains� means the remains of a deceased person.

�� (6) �Suitable location� means a cemetery, now in existence or hereafter established, including a portion of a cemetery subject to the provisions of ORS 226.510 to

ORS 226.640

226.640, where provision is made for the perpetual care and upkeep of the graves. [1953 c.298 �2; 2005 c.22 �173; 2017 c.160 �4]

�� 226.530 Powers of city to acquire and remove cemeteries to another site. Any municipal corporation, by and through its governing body, in addition to the powers and privileges heretofore conferred upon municipal corporations by the laws of this state, shall for the purposes of ORS 226.530 to 226.630 have the power to:

�� (1) Acquire cemeteries and cemetery properties, by eminent domain, conveyance or otherwise.

�� (2) Acquire real property for the purpose of reinterment of remains.

�� (3) Disinter remains and remove all gravestones, monuments or other evidences of the location or existence of graves, and to move the same to another site.

�� (4) Sell, lease or convey land acquired under the authority of ORS 226.530 to 226.630, or through voluntary transfers or otherwise. [1953 c.298 �3]

�� 226.540 Public hearing concerning abandoned or neglected cemetery. (1) The governing body of a municipal corporation may hold a public hearing regarding an abandoned cemetery, or deteriorated and neglected cemetery, that is within the boundaries of the municipal corporation if:

�� (a) The cemetery could, because of its location, endanger the health, welfare, comfort or safety of the public;

�� (b) The municipal corporation verifies that the State Parks and Recreation Department:

�� (A) Has not issued a permit to an entity under ORS 226.640 (1) to (5); and

�� (B) No application for a permit under ORS 226.640 (1) to (5) is pending with the department;

�� (c) At least 10 percent of the electors of the municipal corporation sign and file a petition for a hearing; and

�� (d) The municipal corporation publishes notice of the date of the hearing once per week for two weeks prior to the hearing in a newspaper that is generally circulated in the county where the municipal corporation is located.

�� (2) The governing body of the municipal corporation shall hold the hearing within 60 days after the date on which a petition described in subsection (1) of this section is filed. [1953 c.298 �4; 2005 c.22 �174; 2017 c.160 �5]

�� 226.550 Governing body to publish resolution or ordinance upon finding that cemetery should be relocated. Upon a finding by the governing body of a municipal corporation, after such hearing, that a cemetery located within such corporation is abandoned, or has become deteriorated or dilapidated and overgrown with weeds, trees, shrubs or other uncontrolled growth, and is so located as to endanger the health, welfare, comfort or safety of the public, and that the public welfare requires that such cemetery be discontinued, relocated and cleared, the governing body shall publish its findings by ordinance or resolution. [1953 c.298 �5]

�� 226.560 Expenditure of public funds for removal and reinterment of remains from discontinued cemetery. Upon the adoption of a resolution or ordinance, as provided for by ORS 226.540 and 226.550, the governing body of said municipal corporation may provide for the expenditure of public funds necessary for the disinterment, removal and reinterment of remains and any and all other expenses incident thereto, including, but not limited to, acquisition of property, cost of court proceedings, publications, fees and other incidental expenses incurred in connection with any proceeding under the provisions of ORS 226.510 to 226.640, and may include the same in the next annual budget of such municipal corporation. [1953 c.298 �6]

�� 226.570 Power of city to condemn cemetery. Upon the adoption by the governing body of a municipal corporation of an ordinance or resolution, as provided by ORS 226.540 and 226.550, such governing body shall have the authority, by an action filed in the circuit court of the State of Oregon for the county in which such municipal corporation is located to condemn any cemetery subject to condemnation by the provisions of ORS

ORS 227.178

227.178 (3)(a). [2007 c.866 �2; 2021 c.237 �1; 2023 c.301 �4]

�� 92.177 Creation of parcel by less than all owners of lawfully established unit of land. When a unit of land was sold before January 1, 2007, but was not a lawfully established unit of land, the governing body of the city or county or its designee shall consider and may approve an application for the creation of a parcel pursuant to ORS 92.176, notwithstanding that less than all of the owners of the existing lawfully established unit of land have applied for the approval. [1993 c.436 �2; 1995 c.595 �14; 2007 c.866 �6]

�� 92.178 Creation of parcel previously approved but not acted upon. (1) The governing body of a county may approve an application requesting formation of one parcel if the county issued a land use decision approving the parcel prior to January 1, 1994, and:

�� (a) A plat implementing the previous land use decision was not recorded; or

�� (b) A condition of approval of the previously approved land use decision requiring consolidation of adjacent lots or parcels was not complied with by a previous owner of the land.

�� (2) An application under this section is not subject to ORS 215.780.

�� (3) Approval of an application under this section does not affect the legal status of land that is not the subject of the application.

�� (4) As used in this section:

�� (a) �Lot� has the meaning given the term in ORS 92.010.

�� (b) �Parcel� has the meaning given the term in ORS 92.010. [2005 c.240 �1]

�� Note: 92.178 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 92 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 92.179 Liability for costs of relocating utility facilities. Notwithstanding any other provision of law, a person who subdivides or partitions real property shall be liable for the reasonable and necessary costs of continuing utility service to structures on the property being subdivided or partitioned if the subdividing or partitioning causes utility lines to be moved or service to be interrupted, unless the person subdividing or partitioning the real property grants an easement to the utility service provider to accommodate continuing utility service to the structures. [1997 c.523 �2]

REPLATTING

�� 92.180 Authority to review replats. (1) Each agency or body authorized to approve subdivision or partition plats under ORS 92.040 shall have the same review and approval authority over any proposed replat of a recorded plat.

�� (2) Nothing in this section regarding replatting shall be construed to allow subdividing or partitioning of land without complying with all the applicable provisions of this chapter. [1985 c.369 �2; 1991 c.763 �18]

�� 92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements. The act of replatting shall allow the reconfiguration of lots or parcels and public easements within a recorded plat. Except as provided in subsection (5) of this section, upon approval by the reviewing agency or body as defined in ORS 92.180, replats will act to vacate the platted lots or parcels and easements within the replat area with the following conditions:

�� (1) A replat, as defined in ORS 92.010 shall apply only to a recorded plat.

�� (2) Notice shall be provided as described in ORS 92.225 (4) when the replat is replatting all of an undeveloped subdivision as defined in ORS 92.225.

�� (3) Notice, consistent with the governing body of a city or county approval of a tentative plan of a subdivision plat, shall be provided by the governing body to the owners of property adjacent to the exterior boundaries of the tentative subdivision replat.

�� (4) When a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies or public agencies shall be notified, consistent with a governing body�s notice to owners of property contiguous to the proposed plat. Any utility company that desires to maintain an easement subject to vacation under this section must notify the governing body in writing within 14 days of the mailing or other service of the notice.

�� (5) A replat shall not serve to vacate any public street or road.

�� (6) A replat shall comply with all subdivision provisions of this chapter and all applicable ordinances and regulations adopted under this chapter. [1985 c.369 �3; 1991 c.763 �19; 1993 c.702 �9]

�� 92.190 Effect of replat; operation of other statutes; use of alternate procedures. (1) The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions.

�� (2) Nothing in ORS 92.180 to 92.190 is intended to prevent the operation of vacation actions by statutes in ORS chapter 271 or 368.

�� (3) The governing body of a city or county may use procedures other than replatting procedures in ORS 92.180 and 92.185 to adjust property lines as described in ORS 92.010 (12), as long as those procedures include the recording, with the county clerk, of conveyances conforming to the approved property line adjustment as surveyed in accordance with ORS 92.060 (7).

�� (4) A property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgment. [1985 c.369 �4; 1989 c.772 �24; 1991 c.763 �20; 2007 c.866 �10]

�� 92.192 Property line adjustment; zoning ordinances; size of unit of land. (1) As used in this section:

�� (a) �Ground water restricted area� has the meaning given that term in ORS 195.300.

�� (b) �High-value farmland� has the meaning given that term in ORS 195.300.

�� (c) �High-value forestland� has the meaning given that term in ORS 195.300.

�� (d) �Waiver� has the meaning given that term in ORS 195.300.

�� (2) Except as provided in this section, a lawfully established unit of land that is reduced in size by a property line adjustment approved by a city or county must comply with applicable zoning ordinances after the adjustment.

�� (3) Subject to subsection (4) of this section, for land located entirely outside the corporate limits of a city, a county may approve a property line adjustment in which:

�� (a) One or both of the abutting lawfully established units of land are smaller than the minimum lot or parcel size for the applicable zone before the property line adjustment and, after the adjustment, one is as large as or larger than the minimum lot or parcel size for the applicable zone; or

�� (b) Both abutting lawfully established units of land are smaller than the minimum lot or parcel size for the applicable zone before and after the property line adjustment.

�� (4) On land zoned for exclusive farm use, forest use or mixed farm and forest use, a property line adjustment may not be used to:

�� (a) Decrease the size of a lawfully established unit of land that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if another lawfully established unit of land affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other affected lawfully established unit of land for a dwelling;

�� (b) Decrease the size of a lawfully established unit of land that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if another lawfully established unit of land affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other affected lawfully established unit of land for a dwelling;

�� (c) Allow an area of land used to qualify a lawfully established unit of land for a dwelling based on an acreage standard to be used to qualify another lawfully established unit of land for a dwelling if the land use approval would be based on an acreage standard; or

�� (d) Adjust a property line that resulted from a subdivision or partition authorized by a waiver so that any lawfully established unit of land affected by the property line adjustment is larger than:

�� (A) Two acres if the lawfully established unit of land is, before the adjustment, two acres in size or smaller and is high-value farmland, high-value forestland or within a ground water restricted area; or

�� (B) Five acres if the lawfully established unit of land is, before the adjustment, five acres in size or smaller and is not high-value farmland, high-value forestland or within a ground water restricted area. [2008 c.12 �2; 2015 c.423 �1; 2017 c.109 �1]

UNDEVELOPED SUBDIVISIONS

�� 92.205 Policy. (1) The Legislative Assembly finds that many subdivisions for which plats have been approved and recorded have not been developed and that many such subdivisions were approved prior to the adoption of a comprehensive plan, zoning regulations and ordinances and modern subdivision control standards by the jurisdiction within which the lands described in the subdivision plats are situated.

�� (2) The Legislative Assembly finds, therefore, that it is necessary for the protection of the public health, safety and welfare to provide for the review of undeveloped subdivisions for the purpose of modifying such subdivisions, if necessary, to comply with the current comprehensive plan, zoning ordinances and regulations and modern subdivision control standards, or, if such modification is not feasible, of vacating the nonconforming, undeveloped subdivisions and to vacate any lands dedicated for public use that are described in the plat of each such vacated subdivision. [1973 c.569 �1]

�� 92.210 [1963 c.624 �3; 1965 c.584 �3; repealed by 1973 c.421 �52]

�� 92.215 Review authorized; manner. (1) Each agency or body authorized to approve subdivision plats under ORS

ORS 23.210

23.210]

�� 18.365 [1999 c.788 �17; 2003 c.576 �94; renumbered 18.194 in 2003]

�� 18.370 [Amended by 1987 c.586 �6; 2003 c.576 �45a; renumbered 18.165 in 2003]

(Wages)

�� 18.375 Definitions. As used in this section and ORS 18.385:

�� (1) �Disposable earnings� means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required to be withheld by law.

�� (2) �Earnings� means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and includes periodic payments pursuant to a pension or retirement program.

�� (3) �Employer� means any entity or individual who engages a person to perform work or services for which compensation is given in periodic payments or otherwise, even though the relationship of the person so engaged to the employer may be as an independent contractor for other purposes.

�� (4) �Garnishment� means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt. �Garnishment� does not include the procedure authorized by ORS 25.372 to 25.427 or 419B.408 or ORS chapter 110. [Formerly 23.175; 2021 c.597 �40]

�� 18.380 [Repealed by 1985 c.343 �14]

�� 18.385 Wage exemption. (1) Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution.

�� (2) Except as provided in subsection (6) of this section, the disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:

�� (a) For any period of one week or less:

�� (A) For wages payable before January 1, 2025, $254.

�� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $305.

�� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $338.

�� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $400.

�� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30.

�� (b) For any two-week period:

�� (A) For wages payable before January 1, 2025, $509.

�� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $611.

�� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $675.

�� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $832.

�� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 60.

�� (c) For any half-month period:

�� (A) For wages payable before January 1, 2025, $545.

�� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $655.

�� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $737.

�� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $912.

�� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 65.

�� (d) For any one-month period:

�� (A) For wages payable before January 1, 2025, $1,090.

�� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $1,309.

�� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $1,458.

�� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $1,792.

�� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 130.

�� (e) For any other period longer than one week:

�� (A) The following amount multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven, rounded to the nearest dollar:

�� (i) For wages payable before January 1, 2025, $254.

�� (ii) For wages payable on or after January 1, 2025, and before July 1, 2025, $305.

�� (iii) For wages payable on or after July 1, 2025, and before July 1, 2026, $338.

�� (iv) For wages payable on or after July 1, 2026, and before July 1, 2027, $400.

�� (B) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30 and multiplied again by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this subparagraph must be rounded to the nearest dollar.

�� (3) Beginning in 2027, the State Court Administrator shall calculate the exemption amounts specified in subsection (2) of this section each year on or before July 1 and shall publish the results of the calculations on the Judicial Department website. In making the calculations, the State Court Administrator shall round to the nearest dollar. The adjusted exemption amounts become effective on July 1 of the year in which the State Court Administrator makes the calculation.

�� (4) If an individual is paid for a period shorter than one week:

�� (a) The exemption calculated under subsection (2) of this section may not exceed the following amount for any one-week period:

�� (A) For wages payable before January 1, 2025, $254.

�� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $305.

�� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $338.

�� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $400.

�� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30.

�� (b) The exemption calculated under subsection (6) of this section may not exceed $254.

�� (5) An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1), (2) and (4) of this section any amounts withheld from the individual�s earnings for the same period of time under an order issued pursuant to ORS 25.378 or 419B.408 or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.

�� (6) 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 child support or spousal support obligation or a money award judgment that includes restitution, the individual�s disposable earnings are exempt only to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:

�� (a) $254 for any period of one week or less;

�� (b) $509 for any two-week period;

�� (c) $545 for any half-month period;

�� (d) $1,090 for any one-month period; and

�� (e) For any other period longer than one week, $254 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this paragraph must be rounded to the nearest dollar.

�� (7) Subsections (1) to (6) of this section do not apply to:

�� (a) Any order of a court of bankruptcy.

�� (b) Any debt due for federal tax.

�� (8) Subsections (2) to (6) of this section do not apply to any debt due for state tax. Subsection (1) of this section does not apply to a debt due for state tax if a state agency issues a special notice of garnishment under ORS 18.855 (6).

�� (9) A court may not make, execute or enforce any order or process in violation of this section.

�� (10) Any waiver by an individual of the provisions of this section is void.

�� (11) An employer may not discharge any individual because the individual has had earnings garnished. [Formerly 23.186; 2007 c.496 ��9,14; 2011 c.228 �1; 2019 c.263 �1; 2021 c.597 �41; 2024 c.100 �3]

�� 18.390 [Amended by 1961 c.151 �3; 1983 c.696 �4; repealed by 1985 c.343 �14]

(Homesteads)

�� 18.395 Homestead exemption. (1)(a) Except as provided in paragraph (b) of this subsection, a homestead is exempt from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner to the amount in value of $150,000, except as otherwise provided by law. The exemption is effective without the necessity of a claim thereof by the judgment debtor. When two or more members of a household are judgment debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $300,000.

�� (b) A homestead is exempt from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner arising out of a child support or spousal support obligation or a money award judgment that includes restitution to the amount in value of $40,000, except as otherwise provided by law. The exemption is effective without the necessity of a claim thereof by the judgment debtor. When two or more members of a household are judgment debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $50,000.

�� (c) To qualify for the exemption under paragraph (a) or (b) of this subsection, the homestead must be the actual abode of and occupied by the owner, or the owner�s spouse, parent or child, but the exemption shall not be impaired by:

�� (A) Temporary removal or temporary absence with the intention to reoccupy the same as a homestead;

�� (B) Removal or absence from the property; or

�� (C) The sale of the property.

�� (d)(A) The State Court Administrator shall index the amounts identified as exempt from execution under paragraph (a) of this subsection each year on or before July 1 to reflect increases or decreases in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency. The State Court Administrator shall publish the adjusted exemption limitations on the Judicial Department website. In adjusting the amounts, the State Court Administrator shall round to the nearest $100, but shall use unrounded adjusted amounts to calculate the amounts of the exemptions during the succeeding year. The new amounts become effective on July 1 of the year in which the State Court Administrator makes the adjustment.

�� (B) The indexing described in subparagraph (A) of this paragraph does not apply to the amount of any exemption specified for a debt that arises out of a child support or spousal support obligation or a money award judgment that includes restitution.

�� (2) The exemption extends to the proceeds derived from selling the homestead in the amount that is applicable under subsection (1)(a) or (b) of this section, if the proceeds are held for a period not exceeding one year and held with the intention to procure another homestead therewith.

�� (3) The exemption period under subsection (1)(c)(B) and (C) of this section is one year from the removal, absence or sale, whichever occurs first.

�� (4) When the owner of a homestead has been granted a discharge in bankruptcy or has conveyed the homestead property, the value thereof, for the purpose of determining a leviable interest in excess of the homestead exemption, is the value on the date of the petition in bankruptcy, whether the value is determined in the bankruptcy proceedings or not, or on the date the conveyance becomes effective, whichever occurs first. However, with respect to judgments not discharged in the bankruptcy, or entered against the owner after discharge, the value on the effective date of conveyance is controlling.

�� (5) Except as provided in subsection (7) of this section, a homestead that is the actual abode of and occupied by the judgment debtor, or that is the actual abode of and occupied by a spouse, dependent parent or dependent child of the judgment debtor, may not be sold on execution to satisfy a judgment that at the time of entry does not exceed $3,000. However, such judgment remains a lien upon the real property, and the property may be sold on execution:

�� (a) At any time after the sale of the property by the judgment debtor; and

�� (b) At any time after the property is no longer the actual abode of and occupied by the judgment debtor or the spouse, dependent parent or dependent child of the judgment debtor.

�� (6) The limitation on execution sales imposed by subsection (5) of this section is not impaired by temporary removal or temporary absence with the intention to reoccupy the property as a homestead.

�� (7) The limitation on execution sales imposed by subsection (5) of this section does not apply if two or more judgments are owing to a single judgment creditor and the total amount owing to the judgment creditor, determined by adding the amount of each individual judgment as of the date the judgment was entered, is greater than $3,000.

�� (8) Upon the issuance of an order authorizing sale as required by ORS 18.904, and in conformance with subsection (5) of this section, the sheriff may proceed to sell the property. If the homestead exemption applies, the sheriff shall pay the homestead owner out of the proceeds the applicable amount under subsection (1)(a) or (b) of this section and apply the balance of the proceeds on the execution. However, the sheriff may not sell the homestead if an exemption applies unless the sum bid for the homestead exceeds the sum of the costs of the sale and the amount of the applicable exemption. If no such bid is received, the petitioner shall bear the expense of the sale.

�� (9) The homestead exemption provided by this section applies to a purchaser�s interest under a land sale contract, as defined by ORS 18.960.

�� (10) The homestead exemption provided by this section applies to:

�� (a) A floating home, as defined by ORS 830.700; and

�� (b) A manufactured dwelling, as defined by ORS 446.003. [Formerly 23.240; 2005 c.456 �2; 2005 c.542 �57; 2009 c.612 �2; 2024 c.100 �4]

�� 18.398 Denial of homestead exemption when judgment is for child support. (1) It is the policy of this state:

�� (a) To afford protection to the debtor and the debtor�s family homestead through the homestead exemption;

�� (b) To maintain dependent children from the financial resources of both parents of those children;

�� (c) That the homestead exemption should not be permitted to serve as a shield for a debtor�s evasion of child support obligations;

�� (d) That the burden for that support should not be shifted in all cases to the present family of the debtor through the sale of the family residence; and

�� (e) That to accommodate these policies, the court should have the discretion to decline to allow all or part of a claimed homestead exemption in cases involving child support as provided in this section.

�� (2) Notwithstanding ORS 18.395 to 18.422, a court in its discretion may decline to allow a homestead exemption in whole or part in any proceeding under ORS 18.912 if the proceeding is based on a judgment for child support that arises out of an order or judgment under ORS 24.115, 25.501 to 25.556, 107.095, 107.105,

ORS 263.300

263.300�� Liberal construction of statutes

�� 263.010 [Repealed by 1957 c.38 �1]

�� 263.020 [Repealed by 1957 c.38 �1]

�� 263.030 [Repealed by 1957 c.38 �1]

�� 263.040 [Repealed by 1957 c.38 �1]

�� 263.050 [Repealed by 1957 c.38 �1]

�� 263.060 [Repealed by 1957 c.38 �1]

�� 263.070 [Repealed by 1957 c.38 �1]

�� 263.080 [Repealed by 1957 c.38 �1]

�� 263.090 [Repealed by 1957 c.38 �1]

�� 263.100 [Repealed by 1957 c.38 �1]

�� 263.110 [Repealed by 1957 c.38 �1]

�� 263.120 [Repealed by 1957 c.38 �1]

�� 263.130 [Repealed by 1957 c.38 �1]

�� 263.210 Creation of sports and convention facilities commission by ballot measure. (1) The governing body of a county may submit to a vote by the electors of that county a proposition for the creation of a sports and convention facilities commission.

�� (2) The ballot measure shall specify:

�� (a) The name of the commission, which shall be �The Multi-Event and Convention Facilities Commission of _____ County, Oregon� or other similar distinctive name.

�� (b) The number of commissioners, which shall be nine.

�� (3) Upon the approval by the voters of such a ballot measure in a county-wide election, the commission shall be deemed established as a municipal corporation of this state and as a body corporate and politic exercising public powers. [1985 c.654 �1; subsections (2) and (3) formerly 263.220]

�� 263.220 [1985 c.654 �2; renumbered 263.210 (2) and (3) in 2005]

�� 263.230 Commission board of directors; meetings; vacancies; employees and agents. (1) The commission shall be managed and controlled by a board of directors consisting of all nine commissioners, who shall be appointed by the governing body of a county. The governing body of a county shall appoint commissioners so as to assure fair representation of the various geographic areas of the county by the board of directors. The directors may be removed for cause or at the will of the governing body of a county.

�� (2) Immediately after January 15 of each year, the board shall hold its annual meeting. It shall elect one of the members president, another vice president, another treasurer and another secretary to perform the duties of those respective offices. The officers serve from the date of their election until their successors are elected and qualified.

�� (3) The board of directors shall adopt and may amend rules for calling and conducting its meetings and carrying out its business and may adopt an official seal. All decisions of the board shall be by motion or resolution and shall be recorded in the board�s minute book which shall be a public record. A majority of the board shall constitute a quorum for the transaction of business and a majority of the board shall be sufficient for the passage of any such motion or resolution.

�� (4) If a vacancy occurs on the board, the governing body of the county shall appoint a new member, who shall serve for the remainder of the vacated term.

�� (5) The board may employ such employees and agents as it deems appropriate and provide for their compensation. [1985 c.654 �3]

�� 263.240 General powers of commission. A commission shall have all powers necessary to accomplish the purpose of providing sports and convention facilities for the people of Oregon including, without limitation, the power:

�� (1) To sue and be sued in its own name.

�� (2) To acquire by purchase, construction, exchange, gift, lease, lease-purchase, or otherwise, and to improve, extend, maintain, manage, operate, equip and furnish sports and convention facilities located within the corporate limits of the county in which the commission is created.

�� (3) To lease such sports and convention facilities to any private corporations which are operating or propose to operate a sports and convention facility upon such terms and conditions as the board of directors deems appropriate, to charge and collect rents and to terminate any such lease upon default of the lessee.

�� (4) To enter into options and agreements for the renewal or extension of such leases of such sports and convention facilities or for the conveyance of such sports and convention facilities.

�� (5) To lease, license or enter into agreements relating to the use of such sports and convention facilities and may fix, alter, charge and collect rentals, fees and charges for the use, occupancy and availability of all or a part of such sports and convention facilities.

�� (6) To sell, exchange, donate and convey any or all of its sports and convention facilities or other assets.

�� (7) To mortgage and pledge its assets, or any portion thereof, whether then owned or thereafter acquired, to pledge the revenues and receipts from such assets, to acquire, hold and dispose of mortgages and other similar documents relating to sports and convention facilities, and to arrange and provide for guaranty and other security agreements therefor.

�� (8) To enter into contracts, leases and other undertakings in its own name.

�� (9) To adopt and amend resolutions. [1985 c.654 �4]

�� 263.250 Power to lease or contract for use of facilities; use of revenues to pay bonds. In addition to the powers granted under ORS 263.240, the commission shall also have the power to lease to any municipality or person, or to contract for the use or operation by any municipality or person, of all or any part of the facilities authorized by this chapter, including but not limited to parking facilities, concession facilities of all kinds and any property or property rights appurtenant to such facilities for such period and under such terms and conditions and upon such rental, fees and charges as the commission may determine, and may pledge all or any portion of such rentals, fees and charges and all other revenue derived from the ownership or operation of such facilities to pay and secure the payment of general obligation bonds or revenue bonds issued for authorized purposes. [1985 c.654 �5]

�� 263.260 Authority to issue revenue and general obligation bonds. (1) For the purpose of providing sports and convention facilities for the people of Oregon and to exercise the powers granted by ORS 263.240 (2), the commission may issue revenue and bond anticipation notes or their equivalent, revenue bonds and general obligation bonds within the limitation now or hereafter prescribed by the laws of this state. Such notes and bonds shall be authorized, executed, issued and made payable in accordance with the applicable laws of this state. The commission may issue and sell such notes and bonds only when authorized to do so by a majority of the electors voting at a county-wide election other than the election at which the commission is established.

�� (2) The commission may provide that such bonds mature not more than 40 years from date of their issue and may provide that such bonds also be made payable from any otherwise unpledged revenues which may be derived from the ownership or operation of any sports and convention facilities. The commission shall also have the power to advance refund bonds issued hereunder in accordance with the laws of Oregon.

�� (3) The commission may include in the principal amount of any bonds issued to finance a sports and convention facility an amount for engineering, architectural, planning, financial, legal and other services and charges incident to the acquisition or construction of sports and convention facilities, an amount to establish necessary reserves and an amount necessary for interest during the period of construction of any facilities to be financed from the proceeds of such issue plus six months. [1985 c.654 �6]

�� 263.270 Fund to pay principal and interest on bonds; pledge of revenues. (1) When a commission issues revenue bonds under this chapter, the resolution authorizing the issuance of the revenue bonds shall create a special fund for the sole purpose of paying the principal of and interest on the bonds of each such issue, into which fund board of directors may obligate the commission to pay all or part of such amounts of the gross revenue of all or any part of the sports and convention facilities constructed, acquired, improved, added to, repaired or replaced pursuant to this chapter, or other designated revenues, as the board of directors of the commission shall determine.

�� (2) The principal of and interest on such bonds shall be payable only out of such special fund or funds and the owners of such bonds shall have a lien and charge against the gross revenue pledged to such fund or funds. [1985 c.654 �7]

�� 263.280 Annual budget; approval by county. The commission shall prepare a budget for each fiscal year covering the projected operating expenses of the commission and its sports and convention facilities and the estimated income to pay the operating expenses. It shall submit the budget for review and approval or rejection to the governing body of the county in which the commission was created. The commission may make expenditures only as provided in the budget as approved, unless additional expenditures are approved by the governing body of the county. Payments to users of any sports and convention facility that constitute a contractual share of box office receipts are neither an operating expense nor an expenditure within the meaning of this section. [1985 c.654 �8]

�� 263.290 [1985 c.654 �9; repealed by 2013 c.193 �1]

�� 263.300 Liberal construction of statutes. The provisions of this chapter shall be liberally construed to effect its purposes. [1985 c.654 �10]

ORS 270.190

270.190, 273.416, 273.426 to 273.436 and 273.551. [1991 c.816 �4; 1999 c.314 �80]

�� 270.020 Title to property. Title to any parcel of land held by a state agency shall be in the name of the state, by and through the state agency controlling the parcel. [Formerly 273.195]

�� 270.025 Agreements with United States Government for electrical and other transmission lines; effect on rights of private property owners. The State of Oregon may enter into agreements with the United States or any agency thereof, relative to the conditions for and places where electrical and other transmission lines may be placed and maintained across any property owned or controlled by the state, which agreements may be in perpetuity or for such length of time as may be specified. However, no such agreement shall affect the constitutional rights of any owners of private property who do not join therein. [Formerly 273.461]

�� 270.030 Conveyance of real property and mineral rights to eligible Indian tribes. (1) Notwithstanding ORS 270.010 (2) or 270.100 to 270.190, a state agency may transfer, convey, donate, exchange or lease to an eligible Indian tribe, as defined in ORS 307.181, any real property or interest in real property owned by the agency at such price and on such terms as the agency may determine.

�� (2) Notwithstanding ORS 273.775 to 273.790, an agency disposing of real property or interest in real property under this section also may convey the mineral and geothermal resource rights in the real property to the Indian tribe. [2023 c.415 �1]

�� Note: 270.030 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 270 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

TRANSFER PROCEDURES

�� 270.100 Notice to department before sale of real property; rules; procedures; restrictions on final disposition. (1)(a) Before offering for sale any real property or equitable interest in real property that the state owns, the state agency acting for the state in the sales transaction shall report to the Oregon Department of Administrative Services that the state agency intends to sell or transfer the real property or the equitable interest. The department, or an agency the department specifically designates, shall notify other state agencies authorized to own real property of the intended sale or transfer to determine whether acquiring the real property or interest in the real property would be advantageous to another state agency.

�� (b)(A) The department shall give the first opportunity after other state agencies to acquire, purchase, exchange or lease real property or an interest in real property that the State of Oregon disposes of or sells to:

�� (i) The following entities, on the condition that the entities will develop housing on the real property that will be occupied by families and individuals with an income no greater than 80 percent of the median family income for the county in which the real property is located:

�� (I) Nonprofit organizations; and

�� (II) Indian tribes, as defined in ORS 97.740; and

�� (ii) Political subdivisions, as defined in ORS 271.005.

�� (B) The state agency responsible for selling or transferring the property or the equitable interest may require at the time of the sale or transfer that a political subdivision must use state real property or an equitable interest in real property sold or transferred to the political subdivision for a public purpose or benefit, and that the political subdivision may not resell the real property or the equitable interest to a private purchaser.

�� (c) If a state agency that intends to sell or transfer real property or an equitable interest in real property has not disposed of the real property or the equitable interest under paragraph (a) or (b) of this subsection, the state agency shall cause the real property to be appraised by one or more competent and experienced appraisers in accordance with rules the department adopts. Except as provided in ORS 273.825, if the property has an appraised value exceeding $5,000, the property or an equitable interest in the property may not be sold to any private person except after notice calling for such proposals as set forth in ORS 270.130.

�� (d) The department shall adopt rules to carry out the provisions of this section.

�� (2) Before a state agency acquires any real property or interest in real property, except for highway right of way that the Department of Transportation acquires, park properties that the State Parks and Recreation Department acquires and property within the approved projected campus boundaries for public universities listed in ORS 352.002, the state agency shall report to the Oregon Department of Administrative Services that the state agency intends to acquire the real property or the interest in real property. The department shall notify other state agencies that own land that the state agency intends to acquire real property or an interest in real property to determine whether another state agency desires to sell or transfer property that would meet the needs of the acquiring agency. In accordance with rules the Oregon Department of Administrative Services adopts, if no other state agency desires to sell or transfer property that would meet the needs of the agency that intends to acquire real property or an interest in real property, the agency may acquire the real property or interest in real property, consistent with applicable provisions of law.

�� (3) Before any terminal disposition of real property or an interest in real property, the state agency acting for the state in the transaction must secure approval of the transaction from the Oregon Department of Administrative Services.

�� (4) Subsection (3) of this section does not apply to terminal disposition of the following real property:

�� (a) Property that the State Department of Fish and Wildlife controls;

�� (b) State forestlands that the State Forestry Department controls;

�� (c) Property that the Department of Transportation controls;

�� (d) Property that the Department of State Lands controls;

�� (e) Property that public universities listed in ORS 352.002 control;

�� (f) Property that the legislative branch of state government controls;

�� (g) Property that the judicial branch of state government controls; and

�� (h) Property that the State Parks and Recreation Department controls.

�� (5) Notwithstanding the provisions of subsection (4) of this section, prior approval by the Oregon Department of Administrative Services is required for the terminal disposition of public land for less than the fair market value of the public land.

�� (6) The provisions of ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416,

ORS 271.310

271.310 to 271.330, the value of the real property accepted by the political subdivision in exchange for any of its property plus cash, if any, shall not be less than the value of the property relinquished. [Amended by 1981 c.787 �30]

�� 271.350 Determining valuation of property in exchanges. The value of the respective properties proposed to be exchanged shall be determined by the governing body of the political subdivision. The governing body shall cause it to be appraised by one or more competent and experienced appraisers. The compensation, if any, of the appraisers shall be borne equally by the respective owners of the property. In case the valuation shall not be mutually satisfactory to the respective owners it shall not be binding upon them. [Amended by 1981 c.787 �31]

�� 271.360 Lease requirements. Every lease entered into pursuant to ORS 271.310 shall be authorized by ordinance or order of the body executing the same and shall provide terms and conditions as may be fixed and determined by the governing body executing the lease. The lease may provide that the lessee shall pay ad valorem taxes assessable against the leased property, or that the political subdivision shall pay these taxes, in which latter event the anticipated amount of taxes shall be taken into consideration in fixing the rental charge. [Amended by 1981 c.787 �32]

�� 271.370 [Amended by 1981 c.787 �33; 1983 c.660 �1; repealed by 1985 c.443 �1]

�� 271.375 Public grazing lands; sale; lease or exchange. The counties of the state are authorized to sell, convey, lease or exchange any or all county-owned lands chiefly suitable for grazing, to or with the state or each other and with the United States of America for other lands either of equal acreage or of equal value. All powers granted by this section to the several counties are in addition to and not in derogation of powers previously conferred by law. [Formerly 273.240; 1981 c.787 �34]

�� 271.380 Indemnifying political subdivision for loss or damage resulting from occupancy of its property. Any political subdivision occupying a street or public property of another political subdivision by any structure above, on or under the surface, may provide a contract of indemnity to protect the other political subdivision against loss or damage resulting from that occupancy. [1959 c.442 �1; 1981 c.787 �35]

�� 271.390 Lease or purchase of real estate by public body or council of governments; financing agreement. (1) As used in this section:

�� (a) �Council of governments� means a council of governments or other similar entity created prior to the enactment of ORS 190.010 (5) on September 29, 1991.

�� (b) �Public body� has the meaning given that term in ORS 287A.001.

�� (c) �Real or personal property� means land, improvements to land, structures, fixtures, personal property, including furnishings, equipment and computer software purchases and licenses, and any costs that may be capitalized under generally accepted accounting principles and treated as costs of personal property.

�� (2) A public body or a council of governments may enter into contracts for the leasing, rental or financing of any real or personal property that the governing body of the public body or council of governments determines is needed, including contracts for rental, long term leases under an optional contract for purchase, financing agreements with vendors, financial institutions or others, or for purchase of any property. Contracts made by a public body or a council of governments are subject to the terms of its charter, intergovernmental agreement or other organizing document, if applicable. If authorized by the governing body, the contracts may:

�� (a) Provide that the obligations of the public body or council of governments under the contract is secured by a mortgage on or other security interest in the property to be leased, rented, purchased or financed under the contract.

�� (b) Provide that the obligations of the public body or council of governments under the contract are payable out of all or any portion of lawfully available funds of the public body or council of governments, and lawfully available funds may be pledged to the payment of those obligations.

�� (c) If authorized by the charter, intergovernmental agreement or other organizing document of the public body or council of governments, contain a covenant on the part of the public body or council of governments to budget and appropriate in each fiscal year, in accordance with law, sums sufficient to pay when due the amounts owing under the contract.

�� (d) Provide for the issuance of certificates of participation in the payment obligations of the public body or council of governments under the contract and contain other covenants, agreements and provisions determined to be necessary or appropriate in order to better secure the obligations of the public body or council of governments.

�� (3) The lien of the pledge, mortgage or security interest is valid and binding from the time of entering into the contract. The revenue or property is immediately subject to the lien without physical delivery, filing or other act, and the lien is superior to all other claims and liens of any kind whatsoever. Subject to the terms, provisions and limitations of the contract, the lien may be foreclosed by a proceeding brought in the circuit court of the county in which the public body, or the greater part thereof, or the main office of the council of governments is located, and any tangible real or personal property subject to the lien may be sold upon the order of the court. The proceeds of the sale must be applied first to the payment of the costs of foreclosure and then to the amounts owing under the contract, with any balance being paid to the public body or council of governments. The authority granted by this section is in addition to, and not in lieu of, any other statutory or charter authority.

�� (4) A public body or council of governments that has entered into a lease purchase or installment purchase agreement may enter into a financing agreement to refinance the obligations of the public body or council of governments under the lease purchase or installment purchase agreement.

�� (5) The estimated weighted average life of a financing contract executed under this section may not exceed the estimated dollar weighted average life of the real or personal property that is financed with the contract. [Amended by 1995 c.333 �2; 1997 c.171 �7; 1999 c.559 �1; 2003 c.195 �8; 2005 c.443 �3; 2007 c.783 �89]

�� 271.400 Conveyances by political subdivision to state. Notwithstanding any other law, the governing body of a political subdivision may convey, by a proper deed of conveyance executed by the proper governing body, to the State of Oregon, by and through any state agency, for carrying out the purposes of that agency, any lands or rights therein vested in the political subdivision, upon terms and conditions as may be agreed upon with the state agency. [Amended by 1981 c.787 �36]

�� 271.405 Transfer of property by city or town to county for public institutions and works. Whenever any property or rights therein required by any county in carrying out public purposes is owned by an incorporated city or town within such county, the city or town may, if in the judgment of the governing body of the city or town the public may be benefited thereby, convey and transfer to such county by proper conveyances, and the county may accept, such property or rights. [Amended by 1981 c.153 �59]

�� 271.410 Use of municipal property for rodeos, games, racing and exhibitions. Any municipal corporation having the right to possession of real property within or without its corporate limits may rent, lease or otherwise give possession of such real property for the purpose of conducting such rodeos, baseball games, football games, racing and exhibitions generally as are authorized under the laws of this state.

�� 271.420 City bonds as payment for land sold by city. By ordinance duly passed by its governing body, any incorporated city or town may authorize the acceptance of its general obligation bonds or interest coupons, or both, in payment of the purchase price of any lands acquired and for sale by such city or town.

�� 271.430 Lease of space above or below street or highway; effect on prior dedication or grant for public purpose. Any political subdivision holding the easement or fee title to a street or highway may lease the space above or below that street or highway for private purposes for such period as the governing body determines the space will not be needed for public purposes, and upon other terms and conditions the governing body finds to be in the public interest. Before leasing the space, the governing body shall determine that the use of the space will not unreasonably interfere with the public use and utility use of the street or highway, and shall notify the property owners abutting the space proposed to be leased under this section and give them an opportunity to be heard with respect to the proposed leasing. Lease of space above or below a street or highway for private purposes shall not affect prior dedication or grant of the area for street or highway purposes. [1969 c.586 �2; 1981 c.787 �37]

�� 271.440 Agreements for location of transmission lines on property of political subdivision. Any political subdivision, owning or controlling any real property or rights therein, may enter into agreements with the United States or any agency thereof, relative to the conditions for and places where electrical and other transmission lines may be placed and maintained across that property. The agreements may be in perpetuity or for a shorter period. However, an agreement shall not affect the constitutional rights of any owners of private property who do not join therein. [Formerly 758.030; 1981 c.787 �38]

�� 271.445 Installation of fiber-optic lines on public land and in public right of way. (1) It is the intent of the Legislative Assembly that the state inform city and county governments of applications for the installation of fiber-optic lines on public land and in public rights of way that have been submitted to state agencies.

�� (2) The Governor shall direct the Department of Transportation and the Department of State Lands to take such action as necessary to ensure that affected city and county governments are informed of applications for the installation and maintenance of fiber-optic lines on public land and in public rights of way that have been submitted to the state agencies. [1999 c.1093 �40]

�� Note: 271.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 271 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ACQUISITION AND DISPOSITION OF INDUSTRIAL FACILITIES

�� 271.510 Definition of �industrial facility� for ORS 271.510 to 271.540. As used in ORS 271.510 to 271.540, �industrial facility� means any land, any building or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use for industrial, commercial, manufacturing, research and development or warehousing purposes, but shall not include port facilities, railroads or facilities for any purposes or enterprises which are subject to regulation by the Public Utility Commission of Oregon. [1965 c.553 �2; 1981 c.787 �39; 1983 c.459 �13; 1985 c.541 �3]

�� 271.520 Declaration of legislative purpose. It is hereby declared that there is a need for the continued development of industrial, commercial, manufacturing, research and development and warehouse facilities to insure the growth and prosperity of the state, and of the counties and cities within the state. It is the purpose of ORS 271.510 to

ORS 271.360

271.360. [Amended by 1981 c.787 �26; 1985 c.443 �4]

�� 271.310 Transfer or lease of real property owned or controlled by political subdivision; procedure in case of qualified title; notice; rules. (1) Except as provided in subsection (2) of this section and subject to subsection (3) of this section, whenever any political subdivision possesses or controls real property not needed for public use, or whenever the public interest may be furthered, a political subdivision may sell, exchange, convey or lease for any period not exceeding 99 years all or any part of the political subdivision�s interest in the property to a governmental body or private individual or corporation. The consideration for the transfer or lease may be cash or real property, or both.

�� (2) If the ownership, right or title of the political subdivision to any real property set apart by deed, will or otherwise for a burial ground or cemetery, or for the purpose of interring the remains of deceased persons, is limited or qualified or the use of the real property is restricted, whether by dedication or otherwise, the political subdivision may, after the county court or governing body thereof has first declared by resolution that the real property is not needed for public use, or that the sale, exchange, conveyance or lease of the real property will further the public interest, file a complaint in the circuit court for the county in which the real property is located against all persons claiming any right, title or interest in the real property, whether the interest be contingent, conditional or otherwise, for authority to sell, exchange, convey or lease all or any part of the real property. The resolution is prima facie evidence that the real property is not needed for public use, or that the sale, exchange, conveyance or lease will further the public interest. The action shall be commenced and prosecuted to final determination in the same manner as an action not triable by right to a jury. The complaint shall contain a description of the real property, a statement of the nature of the restriction, qualification or limitations, and a statement that the defendants claim some interest therein. The court shall make such judgment as it shall deem proper, taking into consideration the limitation, qualifications or restrictions, the resolution, and all other matters pertinent thereto. Neither costs nor disbursements may be recovered against any defendant.

�� (3)(a) At least 30 days before listing or placing real property for sale, exchange or conveyance, a political subdivision shall notify the Department of Transportation of its intent to sell, exchange or convey the real property if the real property is within 100 feet of a railroad right of way or is within 500 feet of an at-grade rail crossing.

�� (b) The department shall share the advance notice with private providers of rail service that might be interested in obtaining the real property to facilitate the current delivery or future expansion of rail service. Notwithstanding the benefit of receiving advance notice, a private provider of rail service may not obtain or enter into negotiations to obtain the real property until the political subdivision offers the real property for sale, exchange, conveyance or lease to the general public. As used in this paragraph, �general public� includes private providers of rail service.

�� (c) Paragraph (a) of this subsection does not apply:

�� (A) To light rail corridors and any other rail corridors excluded by rule of the department;

�� (B) If the proposed sale, exchange or conveyance of the real property is to a provider of rail service; or

�� (C) To the proposed sale, exchange or conveyance of easements.

�� (d) The department shall adopt rules to implement this subsection. The rules may include provisions that:

�� (A) Identify rail corridors within which a political subdivision is not required to provide notice of intention to sell, exchange or convey real property within 100 feet of a railroad right of way or within 500 feet of an at-grade rail crossing.

�� (B) Establish a process for providing advance notice to private providers of rail service.

�� (4) Unless the governing body of a political subdivision determines under subsection (1) of this section that the public interest may be furthered, real property needed for public use by any political subdivision owning or controlling the property may not be sold, exchanged, conveyed or leased under the authority of ORS

ORS 271.540

271.540 to provide the counties and cities within the state with the power to acquire title by gift, grant or donation to one or more industrial facilities and to lease, sell and convey such facilities to any person, firm, partnership or corporation, either public or private. It is further declared that the acquisition of title to such facilities and the lease, sale and conveyance of such facilities as provided by ORS 271.510 to 271.540 is a public purpose and shall be regarded as performing an essential governmental function in carrying out the provisions of ORS 271.510 to 271.540. [1965 c.553 �1; 1983 c.459 �14]

�� 271.530 Powers of counties and cities to acquire and dispose of industrial facilities. In addition to any other powers which they may now have, and notwithstanding any law to the contrary, each county and city shall have the following powers:

�� (1) To acquire by gift, grant or donation one or more industrial facilities, which shall be located within the state, and which may be located within, without, or partially within or partially without, such county or city.

�� (2) To lease to any person, firm, partnership or corporation, either public or private, any or all of such industrial facilities acquired pursuant to subsection (1) of this section from a nonprofit corporation formed for the purpose of stimulating industrial development, including any part thereof, for such rentals and upon such terms and conditions and for such period or periods as the governing body of the appropriate county or city may deem advisable.

�� (3)(a) To sell or convey all or any of such industrial facilities acquired by a county, including any part thereof, at public or private sale, with or without advertisement, and to do all acts necessary to the accomplishment of such sale and conveyance.

�� (b) To sell or convey all or any of such industrial facilities acquired by a city, including any part thereof, at public or private sale as authorized under ORS 221.725,

ORS 272.020

272.020, 272.030, 272.033 and 272.036 in like manner and to the same effect as if those sections had not been enacted. [1967 c.421 �181]

�� 272.020 Conveyance of site to United States for aid to navigation. Whenever the United States desires to acquire title to land belonging to this state, and covered by the navigable waters of the United States, for the site of an aid to navigation, and application is made by a duly authorized agent of the United States, describing the site required for such purposes, the Governor may convey the title to the United States and cede to the United States jurisdiction over the site, subject to ORS 272.015. However, no single tract shall contain more than 10 acres. [Amended by 1967 c.421 �182]

�� 272.030 Acquisition of land for federal buildings. Consent is given to the United States to acquire lands for the purpose of erecting thereon any needful public buildings, under authority of any Act of Congress. The United States may enter upon and occupy such lands which may be purchased or otherwise acquired, and shall have the right of exclusive jurisdiction over the lands, subject to ORS 272.015. [Amended by 1967 c.421 �183]

�� 272.033 Fort Stevens. Exclusive jurisdiction is ceded to the United States over the military reservation of Fort Stevens, situated on Point Adams, in Clatsop County of this state, subject to ORS 272.015. [Formerly 272.080]

�� 272.036 Oregon City canal. Consent is given to the United States to acquire the premises and property described in the preamble of chapter 77, Oregon Laws 1913 (Oregon City canal area). The United States may enter upon and use and occupy such lands and premises and shall have the right of exclusive jurisdiction over the lands and premises, subject to ORS 272.015. [Formerly 272.090]

�� 272.040 Acquisition of land for national forests; retention of jurisdiction for certain purposes. (1) Subject to ORS 272.050, consent is given to the acquisition by the United States by purchase, gift or condemnation with adequate compensation, of such lands as in the opinion of the United States may be needed for the establishment, consolidation and extension of national forests in this state under the provisions of the Act of March 1, 1911 (36 Stat. 961), as amended.

�� (2) The State of Oregon retains a concurrent jurisdiction with the United States in and over lands so acquired:

�� (a) So that civil processes in all cases, and such criminal processes as may issue under the authority of this state against any person charged with the commission of any crime without or within such jurisdiction, may be executed thereon in like manner as if this consent had not been granted.

�� (b) To tax persons and corporations and their property and transactions on such lands so acquired.

�� (c) For the purpose specified in ORS 376.505 to 376.540, subject, however, to such modification as to the detailed location of any right of way as may be necessary to protect the interests of the United States. [Amended by 1967 c.421 �186]

�� 272.050 County governing body to approve acquisition for national forest. Acquisition authorized under ORS

ORS 273.150

273.150; 1969 c.594 �23]

�� 273.305 [Formerly 273.560; 1967 c.421 �78; renumbered 273.521]

�� 273.306 Execution and record of deeds. (1) Upon full payment of the purchase price and any accrued interest thereon the Director of the Department of State Lands shall execute a deed to the purchaser in a form prescribed by the rules of the Department of State Lands.

�� (2) The department shall maintain appropriate records of all deeds issued under this section. [Formerly 273.160]

�� 273.310 [Formerly 273.570; 1967 c.421 �79; renumbered 273.525]

�� 273.311 Correction of deeds; refund of purchase price; refund to assignee of certificate of sale issued on fraudulent application. (1) In all cases where clerical errors have been made in deeds for any state lands sold, upon satisfactory proof and if the rights of innocent parties have not intervened, the Director of the Department of State Lands may execute corrected deeds to the holders thereof.

�� (2) Where lands, other than submersible lands and unsurveyed or unpatented swamp lands have been sold and the state cannot convey title to the purchaser, the Department of State Lands shall repay the purchaser, or the heirs or assigns of the purchaser, all sums which may have been paid to the department on the purchase price of the lands, including the interest paid upon deferred payments, upon the presentation of a proper application for repayment, satisfactory proof and the surrender of the certificate; or if deed has been issued, upon reconveyance by executed and recorded quitclaim deed of whatever title or color of title was received from the state.

�� (3) Where a certificate of sale has been issued by the department upon a fraudulent application and the certificate is held by assignment by a third party who had no knowledge of the fraud at the time of assignment, the department may refund to the holder such sums as were paid the department on the purchase price of the lands covered by the certificate, including the interest paid upon deferred payments, upon the holder making proper application to the department for repayment and surrendering for cancellation the certificate and assignment. [Formerly

ORS 273.170

273.170]

�� 273.920 Validation of mineral leases executed and delivered before August 9, 1961. All leases and conveyances granting the right to explore or prospect for minerals or oil and gas, and for the drilling, mining and removal of the same on or from lands or mineral rights under the jurisdiction and control of any state agency, board or commission, which were executed and delivered by such agency, board or commission prior to August 9, 1961, are hereby validated and declared to be legal and enforceable. [Formerly part of 517.410]

PENALTIES

�� 273.990 Criminal penalties. Violation of ORS 273.231 is a misdemeanor. [1967 c.421 �93; 1969 c.594 �30; 1977 c.397 �3; 1983 c.620 �14; 1995 c.543 �8]

�� 273.992 Civil penalties. (1) A person who violates any provision of ORS 273.225, 273.231, 273.551, 273.715,

ORS 273.540

273.540]

�� 273.355 [Formerly part of 517.410; 1967 c.421 �83; renumbered 273.551]

ADJUSTING CERTAIN ERRONEOUS SALES

�� 273.356 Definitions for ORS 273.356 to 273.375. As used in ORS 273.356 to 273.375, unless the context requires otherwise, �grantee� includes the successor in interest of a grantee. [Derived from 1967 c.422 �1]

�� 273.360 Applicant to relinquish claim; refund of purchase price and taxes paid. Upon the execution and delivery to the Department of State Lands by any grantee to whom the State Land Board prior to February 21, 1916, erroneously conveyed various parcels of land in sections 16 and 36 to which the title of the state was found by the board to be defective, of a written instrument sufficient to annul the conveyance of the state to such grantee and to relinquish all other claims against the state arising out of such conveyance, the department pursuant to ORS 273.125 shall:

�� (1) Refund to such grantee the purchase price paid to the state for such land, with interest at the rate of six percent per annum from the time payment was made; and

�� (2) Pay to the grantee an amount equal to all ad valorem taxes paid by such grantee with respect to such land before June 19, 1967, without interest. [1967 c.422 �2; 1973 c.685 �1]

�� 273.365 When refunds not available; source of refunds. (1) A refund is not available under ORS 273.356 to

ORS 273.565

273.565; 1999 c.803 �5]

�� 273.095 Copies or transcripts as evidence. The record of any copy of a document recorded under ORS 273.085, or a transcript thereof certified by the county recording officer, shall be received in evidence in all courts in this state with like force and effect as the original document. [Formerly 273.575]

�� 273.099 Property transaction instruments to be maintained with department. Unless otherwise provided by law, all deeds and conveyances belonging to the state must be documented in the office of the Department of State Lands. Upon the sale, acquisition or exchange of any real property belonging to the state, an electronic copy of the instrument that conveys the property must be filed with the department by the officer or agency in charge of the sale, acquisition or exchange. [1993 c.98 �4; 2015 c.105 �1]

�� 273.100 [Amended by 1967 c.421 �56; renumbered 273.281]

(Finances)

�� 273.101 Common School Fund. The Department of State Lands shall administer the Common School Fund as provided in ORS 327.405 to 327.480. [1967 c.421 �20]

�� 273.105 Distributable Income Account. (1) The Distributable Income Account is established within the Common School Fund. The Department of State Lands shall administer this account in accordance with Article VIII, section 4, Oregon Constitution, and applicable laws.

�� (2) The following moneys in the Common School Fund shall be credited to the Distributable Income Account:

�� (a) Moneys determined by the State Land Board to be available for apportionment according to ORS 327.410, after payment of the expenses of the State Land Board authorized to be paid under Article VIII, section 2 (2), of the Oregon Constitution.

�� (b) Other moneys received by the Department of State Lands that are required by law to be credited to the Distributable Income Account.

�� (3) All other moneys received by the Department of State Lands shall be credited to the Common School Fund.

�� (4) The moneys in the Distributable Income Account are appropriated continuously for apportionment according to ORS 327.410. [1967 c.421 �21; 1969 c.338 �1; 1969 c.601 �29; 1977 c.344 �1; 1987 c.760 �2; 1991 c.348 �1; 1995 c.205 �1; 2003 c.253 �16; 2005 c.296 �1; 2013 c.358 �1]

�� 273.107 Legacy Unclaimed Property School Fund. (1) There is established the Legacy Unclaimed Property School Fund within the Common School Fund.

�� (2) The Legacy Unclaimed Property School Fund consists of moneys transferred to the fund under section 7, chapter 424, Oregon Laws 2021.

�� (3) Interest earned by the fund is credited to the Common School Fund.

�� (4) Moneys in the Legacy Unclaimed Property School Fund are continuously appropriated to the Department of State Lands for the department�s costs of administering the fund.

�� (5) The department shall transfer moneys from the Legacy Unclaimed Property School Fund to the Common School Fund as required under ORS 116.253 (1) and Article VIII, section 2 (1)(b), of the Oregon Constitution.

�� (6) The department may transfer moneys from the fund to the Unclaimed Property and Estates Fund to cover valid claims against the Unclaimed Property and Estates Fund only if:

�� (a) After transferring all available moneys to the Unclaimed Property and Estates Fund from the Unclaimed Property School Fund under ORS 273.108 (5), there are insufficient moneys available to cover the claim; and

�� (b) The claim is against moneys that were transferred to the Legacy Unclaimed Property School Fund under section 7, chapter 424, Oregon Laws 2021. [2021 c.424 �4]

�� 273.108 Unclaimed Property School Fund; use by State Treasurer. (1) There is established the Unclaimed Property School Fund within the Common School Fund.

�� (2) The Unclaimed Property School Fund consists of:

�� (a) Moneys appropriated or transferred to the fund by the Legislative Assembly or by act of law; and

�� (b) Moneys transferred to the fund from the Unclaimed Property and Estates Fund under ORS

ORS 274.412

274.412. [1995 c.471 �6; 2025 c.164 �3]

�� 274.410 [Renumbered 274.525]

�� 274.412 Judicial review of declaration of state�s claim. Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.406 may seek judicial review of the declaration in the manner provided in ORS chapter 183 for judicial review of final orders in other than contested cases. For purposes of ORS 183.484 (2), the date three days after the date of mailing of notice under ORS 274.408 (2) shall be considered the date the order is served on the owner. [1995 c.471 �7]

�� 274.420 [Amended by 1967 c.421 �100; renumbered 274.025]

�� 274.425 Definition for ORS 274.430 to 274.520. As used in ORS 274.430 to 274.520, �meandered lake� means a lake wholly or partly within this state that has been meandered by the United States surveys. [1967 c.421 �131]

�� 274.430 State ownership of meandered lakes; status as navigable and public waters. (1) All meandered lakes are declared to be navigable and public waters. The waters thereof are declared to be of public character. The title to the submersible and submerged lands of such meandered lakes, which are not included in the valid terms of a grant or conveyance from the State of Oregon, is vested in the State of Oregon.

�� (2) ORS 274.430 to 274.450 shall not apply to any nonnavigable lakes lying within the boundaries of any duly organized and incorporated drainage district which was in existence on January 1, 1921.

�� (3) Nothing in this section impairs the title of any upland or riparian owner to or any vested rights in land which was added prior to May 25, 1921, by natural accretion or reliction to the lands of such upland owner. [Amended by 1967 c.421 �132]

�� 274.440 Acquisition of future rights to meandered lakes denied; extension of riparian ownership; lands overflowed by high water. (1) There are no vested rights in or to any future accretion or reliction to the lands of any upland or riparian owner on any meandered lake. No person shall acquire any right, title or interest in or to the submerged or submersible lands of any such lakes, or any part thereof, by reliction, accretion or otherwise, or by reason of the lowering or drainage of the waters of such lakes, except as provided by statute.

�� (2) Upon drainage of meandered lakes, the title of owners of land riparian to such lakes drained under any law shall extend to so much of the submersible and submerged lands reclaimed by such drainage as is required to fill out the least fractional subdivision or subdivisions of any section owned by such riparian owners and which is rendered fractional by the meander line of such lake; and the title of such owners shall be so limited when the receding lake waters, because of such drainage, uncover the submersible and submerged lands. Where by reason of natural accretion or reliction such fractional subdivision or subdivisions of such upland owners were filled out thereby prior to May 25, 1921, such upland owners shall hold to the line of such lands as extended by the natural accretion or reliction.

�� (3) Submersible and submerged lands covered at ordinary high water at ordinarily recurring seasons by the waters of meandered lakes, or from which the waters of any such lakes have not at ordinarily high water permanently receded, are not considered to be accreted or relicted lands, but the same and all accretions and relictions occurring or formed over any of the lands of the State of Oregon, as provided by ORS 274.430, are the property of the State of Oregon, and may be by it leased, sold or managed in the manner provided by law. [Amended by 1967 c.421 �133]

�� 274.450 Acquisition of riparian rights by department. The Department of State Lands may acquire by purchase, gift, condemnation or otherwise, any riparian rights which may, by any court of competent jurisdiction, be held to be owned by or vested in any upland or riparian owner on any meandered lakes, and may institute such suits or actions as may be necessary in such condemnation proceedings. [Amended by 1967 c.421 �134]

�� 274.460 Settler�s and riparian owner�s preferential right to purchase land within meander lines. All persons qualified to become entrymen and to secure land patents under the homestead laws of the United States and who prior to January 1, 1921, in good faith settled upon lands within the meander lines of lakes returned as navigable by the United States surveys and who, on January 1, 1921, by reason of settlement, cultivation and improvements on any such lands would be entitled to patent from the United States if such lands were open or subject to homestead entry are given a preference right to purchase from the State of Oregon such lands so settled upon by them, not exceeding 160 acres for any one person, upon such terms and at such prices and within such times as shall be fixed by the Department of State Lands. However, owners of the upland bordering upon such ordinary high water mark have a preference right to purchase, at the best price bid, state lands described in ORS 274.430 and riparian to their lands, and not exceeding 160 acres, in addition to the lands granted them by ORS 274.430 and 274.440. [Amended by 1967 c.421 �135]

�� 274.470 Settler�s right to deed to land within meander lines; preferential right to additional land; tacking by successive settlers. (1) Any person who in good faith settled upon lands within the meander lines of any meandered lake and who, on January 1, 1921, actually resided thereon, who maintained residence thereon for at least five years immediately prior to such date, and who complied with the requirements of settlement, residence, cultivation and improvement, specified for homestead entrymen under the homestead laws of the United States, and which would be sufficient to acquire title by patent if such lands were subject to homestead entry by qualified entrymen, upon proof of such facts to the satisfaction of the Department of State Lands:

�� (a) Is entitled to a deed from the state, conveying and granting such lands not exceeding 160 acres without cost; and

�� (b) Has a preferential right to purchase from the State of Oregon 160 acres of additional lands, chiefly valuable for agricultural purposes.

�� (2) Any person who did not reside on any lands described in subsection (1) of this section for five years immediately prior to January 1, 1921, but who purchased the improvement or possessory rights or claims of a prior occupant, and whose residence and possession when tacked to that of such prior occupant extended for a period of not less than five years immediately prior to such date, shall have a preferential right to purchase such lands, not exceeding 160 acres, the price of which shall be fixed without reference to the value of the improvements thereon. [Amended by 1967 c.421 �136]

�� 274.480 Rights of riparian owners on Malheur and Mud Lakes. The owners of lands riparian to Malheur and Mud Lakes, in Harney County, Oregon, shall be granted title to so much of the lands within the meander lines of such lakes as is required to fill out the least fractional subdivision or subdivisions of any section owned by such upland owners, and which is rendered fractional by the meander line of such lakes, in addition to the rights recognized by ORS 274.430 to 274.460 to any natural accretion or reliction added to the lands of such upland owners prior to May 24, 1923. Owners of any upland bordering upon such meander lines shall have a preferential right to purchase, in addition, 160 acres of such state lands, chiefly valuable for agricultural purposes. [Amended by 1967 c.421 �137]

�� 274.490 Settlement of conflicting preferential rights. Settlers within the meander line of any meandered lake have the first preferential right, and the Department of State Lands shall, so far as practicable, work out the various preferential rights by securing to each, all the lands which would be most advantageously used by such several persons. In case of conflict, the department shall give the parties a reasonable time in which to agree, and if they cannot agree, the department shall decide the matter and make conveyances as it considers equitable, and its decision in the matter shall be final. The department shall fix the time within which such preferential rights shall be exercised. [Amended by 1967 c.421 �138]

�� 274.500 Conveyance of compact area; prices; maximum acreage. (1) All of the lands referred to in ORS 274.470 and 274.480 granted or conveyed by the state, shall be granted and conveyed in a reasonably compact area, to be determined by the Department of State Lands.

�� (2) All sales of such state lands shall be at prices fixed by the department, and no more than 320 acres shall be sold or conveyed to any one person. [Amended by 1967 c.421 �139]

�� 274.510 Lake bed lands claimed by the United States. (1) If the federal government claims title or interest in any lands referred to in ORS 274.470 or 274.480 the same shall not be conveyed or otherwise disposed of, or preferential right therein accrue until such claim is settled. The Department of State Lands may enter into such agreements with the federal government affecting such lands as it deems best in the interest of the public, and make such deeds and conveyances to the United States in consideration of the issuance of such patents by the United States to the State of Oregon of such lands within the meander lines of any such lakes as the department and the federal government agree.

�� (2) Nothing in this section is a recognition of any title or interest in the United States within the meander lines of any meandered lake to any lands or waters of any such lake prior to the execution and delivery of a deed or conveyance from the State of Oregon as provided for in this section.

�� (3) In carrying out such agreements the department may utilize the proceeds from the sale of such lands in which title or interest is claimed by the federal government. This section does not authorize the department or any other state agency to enter into any agreement which will divest any person of any water rights acquired under the laws of this state or otherwise. [Amended by 1967 c.421 �140]

�� 274.520 Acceptance of deed to lake bed lands as precluding any other claim. Any person who elects to take any deed from the State of Oregon under ORS 274.430 to 274.520 to any lands within the meander lines of a lake takes the same in lieu of any claim to any other lands within the meander line of such lake in which such deeded lands lie, and shall not thereafter maintain in any court any claim to any lands inside the meander line of such lake other than to the lands conveyed to such person by deed from the state under ORS 274.430 to 274.520 or which such person acquires in good faith from a grantee or purchaser from the State of Oregon under such statutes. [Amended by 1967 c.421 �141]

�� 274.523 [1967 c.421 �143; repealed by 1969 c.594 �63]

(Removing Materials)

�� 274.525 City use of stream bed material. (1) Any city of the State of Oregon bordering on a navigable stream may dredge out and use material from submersible and submerged lands of the stream, owned by the State of Oregon and in front of such city, for the purpose of filling in or reclaiming the submersible lands within such city, under the rules of the Department of State Lands. The consent of the appropriate agency of the United States Government shall be first obtained by such city.

�� (2) Any contractor who has entered into a contract with any such city to fill in or reclaim any of its submersible lands may dredge and use such material in the same manner as may be done by such city. [Formerly 274.410; 1967 c.421 �145; 1969 c.594 �43]

�� 274.530 Lease or license of stream beds for removal of material; rules for measurement of volume removed. (1) The Department of State Lands may, after notice of competitive bidding, and following such competitive bidding, lease or license submersible and submerged lands of navigable streams owned by the State of Oregon for the purpose of removing material therefrom. Competitive bid requirements may be waived for leases of less than one year�s duration. No lease shall be made for a lump sum but only on a basis of the price per cubic yard or ton for the material removed.

�� (2) The department may prescribe by rule the manner in which the volume in cubic yards or the weight in tons for the material removed shall be determined.

�� (3) Notwithstanding subsections (1) and (2) of this section, the department may enter into a license for the removal of material from submersible and submerged lands of navigable streams owned by the State of Oregon based on a competitive market rate that reflects fair market value.

�� (4) The department shall, prior to any competitive bidding notice, establish prebid qualifications that include but are not limited to the following:

�� (a) The minimum yardage amount of material that must be removed for each year for which the lease is valid.

�� (b) Evidence that all bidders have an established market, as provided by each bidder. [Amended by 1961 c.509 �2; 1961 c.676 �3; 1967 c.421 �144; 1967 c.567 ��15, 15a; 1971 c.509 �1; 1995 c.113 �1]

�� 274.540 [Amended by 1953 c.181 �2; 1961 c.509 �3; 1961 c.676 �4; 1967 c.421 �45; renumbered 273.225]

�� 274.550 Removal of material without payment of royalties; eligible material and uses. (1) A person may remove material from submersible and submerged lands owned by the State of Oregon without payment of royalties to the Department of State Lands if the material is:

�� (a) Removed for channel or harbor improvement or flood control;

�� (b) Used for filling, diking or reclaiming land owned by the state or any political subdivision as defined in ORS 271.005 and located not more than two miles from the bank of the stream;

�� (c) Used for the creation, maintenance or enhancement of fish or wildlife habitat;

�� (d) Used for the maintenance of public beaches; or

�� (e) Contaminated with hazardous material, as defined in ORS 466.605, provided that the person gives the department written notice of the removal at least 30 days prior to disposal.

�� (2) A person does not have to pay royalties to the state for the following uses of material, if the person provides at least 30 days� written notice to the department of the intended use:

�� (a) The filling of any property up to an elevation of one foot above the line of ordinary high water of a waterway by a state agency or political subdivision, as defined in ORS 271.005.

�� (b) The material is used solely for a public purpose by a political subdivision, as defined in ORS 271.005.

�� (3) A person may not remove any material from the place it was first deposited or use the material as an article of commerce without providing, prior to the removal of the material, written notification to the department and payment of any royalties for the material as determined by the department.

�� (4) In addition to the purposes enumerated in subsection (1) of this section, any person may take material for the exclusive use of the person to the extent of not more than 50 cubic yards or the equivalent weight in tons in any one year. However, before taking the material, the person shall first notify the department.

�� (5) Upon the removal of material from submersible or submerged lands not exempt from the payment of royalties, royalties in an amount established by the department must be paid to the department.

�� (6) For purposes of this section:

�� (a) �Article of commerce� means any material, other than material used for upland disposal or contaminated material put to beneficial use, that is bought, sold or exchanged in any manner for goods or services and that otherwise would have to be acquired from alternative sources.

�� (b) �Reclaiming land� means raising the elevation of a portion of land within a 100-year floodplain to not more than one foot of elevation higher than the highest elevation of the 100-year floodplain, or protecting land otherwise in the 100-year floodplain by the construction of dikes or other flood control improvements. [Amended by 1961 c.149 �1; 1961 c.676 �5; 1967 c.421 �146; 1969 c.594 �44; 1971 c.509 �3; 1981 c.787 �53; 2003 c.465 �1]

�� 274.560 Lease terms; bond or security; prohibited lease or purchase option; monthly reports and payments; rules. (1) The Department of State Lands may enter into contract of lease for purposes of ORS 274.525 to 274.590 with such stipulations protecting the interest of the state as the department may require, and may require a bond with a surety company authorized to transact a surety business in this state, as surety, or other form of security, to be given by the lessee for performance of such stipulations, and providing for forfeiture for nonpayment or failure to operate under the contract. No contract shall be entered into giving any person an option of leasing or purchasing the property of the State of Oregon. The lessee in all such contracts shall report monthly to the department the amount of material taken under the contract and pay to the department the amount of royalty thereon provided in the contract.

�� (2) The department shall adopt rules to establish criteria to determine when security is required. [Amended by 1965 c.375 �1; 1967 c.421 �147; 1969 c.594 �45; 1991 c.264 �1]

�� 274.570 [Amended by 1967 c.421 �106; renumbered 274.035]

�� 274.580 [Amended by 1961 c.509 �4; 1967 c.421 �46; renumbered 273.231]

�� 274.590 Cooperation with Washington authorities respecting removal of material from bed of Columbia River. The Department of State Lands shall cooperate with the proper authorities of the State of Washington in contracting for, receiving and collecting royalties or other revenues for the taking of material from the submersible and submerged lands of the Columbia River and enter into such agreements as may be advisable or necessary with such officers of the State of Washington for the division of such royalties. [Amended by 1967 c.421 �148]

�� 274.600 [Amended by 1967 c.33 �1; 1967 c.421 �47; 1967 c.567 �16; renumbered 273.235]

�� 274.605 [Amended by 1967 c.421 �48; renumbered 273.241]

EXPLORATION FOR MINERALS

�� 274.610 Prohibited contracts for exploration for hard minerals; scientific research. (1) The Department of State Lands shall not enter into contracts for governmental or private development or exploration for hard minerals on state-owned submersible and submerged lands within the territorial sea and navigable bays that are subject to the jurisdiction of the department.

�� (2) Nothing in this section shall be considered to prohibit scientific research conducted by or on behalf of an academic institution or a government agency.

�� (3) As used in subsection (1) of this section, �hard minerals� includes but is not limited to natural deposits or mineral sources of gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten and zirconium. �Hard minerals� does not include oil, gas or sulfur deposits subject to ORS 274.705 to 274.860.

�� (4) As used in this section:

�� (a) �Exploration� means any activity the principal purpose of which is to define, characterize or evaluate hard mineral deposits for possible commercial development or production.

�� (b) �Scientific research� means any activity the principal purpose of which is to improve scientific or technical understanding of earth, ocean or atmospheric processes, hazards and resources and for which the data generated are nonproprietary or public. [1991 c.217 �1]

�� Note: 274.610 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 274 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 274.611 [1967 c.421 �150; 1987 c.300 �1; repealed by 1991 c.217 �6]

�� 274.615 [1961 c.703 ��1,13; 1967 c.421 �151; 1987 c.300 �2; repealed by 1991 c.217 �6]

�� 274.620 [1961 c.703 �2; 1965 c.375 �2; 1967 c.421 �152; 1969 c.594 �46; 1987 c.300 �3; repealed by 1991 c.217 �6]

�� 274.625 [1961 c.703 �3; 1967 c.421 �153; 1987 c.300 �4; repealed by 1991 c.217 �6]

�� 274.630 [1961 c.703 �4; 1967 c.421 �154; 1987 c.300 �5; repealed by 1991 c.217 �6]

�� 274.635 [1961 c.703 ��5,8 and 12; 1967 c.421 �155; 1987 c.300 �6; repealed by 1991 c.217 �6]

�� 274.640 [1961 c.703 ��7,10; 1967 c.421 �156; 1987 c.300 �8; repealed by 1991 c.217 �6]

�� 274.645 [1961 c.703 �11; 1967 c.421 �157; repealed by 1987 c.300 �10]

�� 274.650 [1961 c.703 �6; repealed by 1967 c.421 �206]

TIDAL SUBMERGED AND SUBMERSIBLE LANDS

(General Provisions)

�� 274.705 Definitions for ORS 274.705 to 274.860. As used in ORS 274.705 to 274.860, unless the context requires otherwise:

�� (1) �Development� includes geophysical activity, drilling, platform construction, pipeline construction, operation of onshore support facilities and any other activities undertaken following the discovery of oil, gas or sulfur, the principal purpose of which is to prepare for the ultimate production of the oil, gas or sulfur.

�� (2) �Exploration� means any activity the principal purpose of which is to define, characterize or evaluate oil, gas or sulfur resources for possible commercial development or production.

�� (3) �Filled lands� includes submerged and submersible lands reclaimed artificially through raising such lands above the highest probable elevation of the tides to form dry land, by placement of a fill or deposit of earth, rock, sand or other solid imperishable material.

�� (4) �Gas� means all natural gas and all other fluid hydrocarbons not defined as oil in subsection (6) of this section, including condensate originally in the gaseous phase in the reservoir.

�� (5) �Lease� means an oil, gas and sulfur lease issued pursuant to ORS 274.705 to 274.860.

�� (6) �Oil� means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

�� (7) �Person,� in addition to the meanings defined by ORS 174.100, includes quasi-public corporations, political subdivisions and governmental agencies and instrumentalities.

�� (8) �Production� means any activity the principal purpose of which is to engage in, monitor or conduct operations or maintenance related to the active extraction and transportation of oil, gas or sulfur from tidal submerged lands.

�� (9) �Structure� means any construction works, including but not limited to derricks, pipelines, lines for the transmission and distribution of electricity, telephone lines, wharves, piers, slips, warehouses and units designed to act as groins, jetties, seawalls, breakwaters or bulkheads.

�� (10) �Territorial sea� has the meaning given that term in ORS 196.405.

�� (11) �Tidal submerged lands� means lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of this state as heretofore or hereafter established. [1961 c.619 �1; 1967 c.421 �158; 2019 c.14 �2]

�� 274.710 Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur. (1) The Department of State Lands has exclusive jurisdiction over all ungranted tidal submerged lands owned by this state, whether within or beyond the boundaries of this state, heretofore or hereafter acquired by this state:

�� (a) By quitclaim, cession, grant, contract or otherwise from the United States or any agent thereof; or

�� (b) By any other means.

�� (2) All jurisdiction and authority remaining in the state over tidal submerged lands as to which grants have been or may be made is vested in the department.

�� (3) Notwithstanding ORS 273.551, the department shall administer and control all tidal submerged lands described in subsections (1) and (2) of this section under its jurisdiction, and may lease such lands and submersible lands and dispose of oil, gas and sulfur under such lands and submersible lands in the manner prescribed by ORS 274.705 to 274.860. However, submerged and submersible lands lying more than 10 miles easterly of the 124th West Meridian shall be subject to leasing for oil, gas and sulfur under ORS 273.551, rather than under ORS 274.705 to 274.860.

�� (4) Notwithstanding any other provision of ORS 274.705 to 274.860, the department may not permit any interference other than temporary interference with the surface of the ocean shore, as defined in ORS 390.615. The department may, however:

�� (a) Grant easements underlying that part of the surface of the ocean shore owned by the state at such times and at such places as the department finds necessary to permit the extraction and transportation of oil, gas or sulfur from state, federal or private lands; and

�� (b) Issue oil and gas leases underlying the ocean shore under the same terms and conditions as provided in ORS 274.705 to 274.860. [1961 c.619 �2; 1967 c.421 �159; 2005 c.22 �197]

�� 274.712 Limitations on leasing submerged and submersible lands within territorial sea. (1) Notwithstanding any other provision of ORS 274.705 to 274.860 or 520.240, the Department of State Lands is prohibited from leasing any of the submerged and submersible lands within the territorial sea for:

�� (a) The exploration, development or production of oil, gas or sulfur in the territorial sea; or

�� (b) Activities in furtherance of the exploration, development or production of oil, gas or sulfur within federal waters adjacent to the territorial sea.

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

�� (a) To exploration for scientific or academic research purposes, or geologic survey activities of the State Department of Geology and Mineral Industries.

�� (b) In the event the Governor determines that an oil embargo substantially affects the supply of oil to the United States.

�� (3) Any exploration for oil, gas or sulfur in the territorial sea allowed under ORS

ORS 275.010

275.010 [Repealed by 1983 c.327 �16]

MANAGEMENT AND DISPOSITION OF LANDS AND RESOURCES

�� 275.020 Form and effect of conveyance to county. All real or personal estate conveyed by any form of conveyance, and duly acknowledged and recorded, to the inhabitants of any county, or to the county treasurer, or to any committee or other persons for the use of such county, shall be deemed the property of such county. All such conveyances shall have the same force and effect as if made to the inhabitants of such county by their corporate name.

�� 275.025 [Repealed by 1983 c.537 �7]

�� 275.027 Adverse possession of county lands. The rights of any county to public lands are not extinguished by adverse possession. No title or property rights to public lands shall be acquired against the county through operation of a statute of limitations. [1981 c.153 �51]

�� 275.030 Sale of real estate not in use for county purposes. (1) Except as otherwise provided by statute, the county governing body may, whenever it deems it to the best interest of the county so to do, sell and convey, in the manner provided for sale of county land under ORS 275.120, 275.140 to 275.160 and 275.180 to

ORS 275.120

275.120, 275.140 to 275.160 and 275.180 to 275.260. [Amended by 1981 c.602 �1; 1983 c.537 �1; 2001 c.649 �1]

�� 275.040 Conveyance pursuant to ORS 275.030. The conveyance transferring the real estate sold pursuant to ORS 275.030 to the purchaser thereof shall contain the date of the order authorizing such sale and the page and journal where the order is entered. The conveyance shall be signed by the county judge or the chairperson of the board of county commissioners and acknowledged in the manner provided by law for acknowledgment of other conveyances of real estate. A conveyance so made conveys all the interest of the county in the property described therein. [Amended by 1983 c.537 �2]

�� 275.050 [Repealed by 1983 c.537 �7]

�� 275.060 Authority to exchange lands offered for sale and not sold. (1) Except as otherwise provided by statute, the governing body of a county may exchange county land of any character, which has first been offered for sale but not sold for want of a satisfactory bid, for other lands of equal value to which the owner thereof can give clear title and which are free of all liens and encumbrances.

�� (2) Exchanges may be effected between the county and an individual, partnership or corporation. Thirty days prior to the consummation of the exchange, notice of intention to exchange, setting forth the legal description of the property to be exchanged, together with the appraised value as recently determined by the governing body of the county and the legal description of the property to be acquired in exchange, shall be published for two successive weeks in a newspaper of general circulation in the county. At any time before an exchange is actually made, written objection thereto may be filed by any interested person and the governing body of the county shall consider any such objection, and at its discretion may conduct hearings thereon. If, after duly considering such objection, the governing body of the county still deems that the proposed exchange is for the best interests of the county, the governing body may proceed with the exchange and its determination in that respect shall be final.

�� (3) Lands received by the county in exchange may be sold, leased or exchanged the same as might have been done with the lands originally exchanged. [Amended by 2005 c.243 �10]

�� 275.070 Sale or donation to United States, state, government corporation or Indian tribe; procedure. (1) Any county governing body may grant an option to purchase, contract to sell, sell and convey, or donate any real property owned by the county, including real property acquired pursuant to tax foreclosure proceedings, at such price and on such terms as the county governing body may deem to be for the best interests of the county to:

�� (a) The United States;

�� (b) The State of Oregon;

�� (c) A corporation, the majority of whose capital stock is owned by the United States; or

�� (d) An eligible Indian tribe, as defined in ORS 307.181.

�� (2) The resolution of the county governing body to grant an option to purchase, contract to sell, sell and convey, or donate described in subsection (1) of this section must be entered by the governing body upon its journal and any option to purchase, contract to sell, sale and conveyance, or donation executed pursuant to this section must be signed on behalf of the county by the county judge or the chairperson of the board of county commissioners and acknowledged in the manner prescribed by law.

�� (3) The county governing body may receive as partial or full consideration for any sale or conveyance under this section, other real property or stumpage at a value determined by inspection and appraisal made by the county governing body or by a board of three appraisers appointed by the governing body. [Amended by 1983 c.537 �3; 2015 c.354 �1]

�� 275.080 Sale of county lands for public water supply purposes; procedure; title to land and timber. (1) The governing body of a county may sell in the manner provided for sale of county land under ORS 275.120, 275.140 to 275.160 and 275.180 to 275.260, and convey to any person or corporation impounding and selling water to the public, any lands acquired by such county through foreclosure of tax liens or otherwise, when, in the discretion of the governing body of the county, the conveyance is necessary for the preservation or protection of any watershed from which water is being impounded and sold to the public by such person or corporation.

�� (2) Legal title to timber on such lands shall remain in the county and such timber shall not be removed therefrom except with the express written consent of and under the direct supervision of the State Board of Forestry.

�� (3) Should any such lands so conveyed cease to be used to preserve and protect the watershed for which it was conveyed, or if the person or corporation does not take water from the watershed for a period of one year, legal title to such land shall immediately revert to and revest in the county without the necessity of reentry. [Amended by 1981 c.602 �2; 2005 c.243 �11]

�� 275.088 Sale to certain county officers or employees of real property acquired by foreclosure of tax lien; disposition of real property or proceeds of sale of real property acquired by ineligible purchaser. (1) As used in this section:

�� (a) �Actual conflict of interest� has the meaning given that term under ORS 244.020.

�� (b) �Bona fide purchaser� means a purchaser of a fee simple interest in a single property who acquires the property in an arm�s-length transaction and for fair market value and adequate consideration.

�� (c) �Discretionary action� means an action committed to the sound judgment and conscience of a county officer or a county employee, acting in the official capacity of the officer or employee.

�� (d) �Ministerial action� means an action requiring obedience to specific instructions or law and allowing little or no discretion in its implementation.

�� (2) An elected or appointed county officer as described in ORS 204.005, a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens.

�� (3) A county employee not included under subsection (2) of this section, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure, sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee.

�� (4) In addition to and not in lieu of a penalty or sanction that may apply under ORS chapter 244 or otherwise, if real property is purchased in violation of this section, the county officer or employee shall:

�� (a) Transfer the real property to the county for the amount paid for the property less an amount for expenses incurred by the county; or

�� (b) If the real property has been transferred by the county officer or employee to a bona fide purchaser, transfer to the county the amount received for the sale to a bona fide purchaser less the amount paid to obtain the property from the county. [2001 c.180 �2]

�� 275.090 Powers of county as to lands acquired on foreclosure of tax liens, or by exchange, devise or gift. The governing body of each county shall have the following powers and duties with respect to all lands acquired by the county by foreclosure of delinquent tax liens, or by exchange, devise or gift:

�� (1) To protect such lands from fire, disease and insect pests, to cooperate with the United States of America, the State of Oregon, and with the agencies of both, with persons owning lands within such counties, and with other counties of the State of Oregon in the protection of such county-owned lands and to enter into all agreements necessary or convenient therefor.

�� (2) To sell, exchange, and lease such lands or any portion of or interest in the same less than the whole fee.

�� (3) To grant easements and rights of way over, through and across such lands.

�� (4) To reforest cut-over or burned-over timberlands and to cooperate with the United States of America, the State of Oregon and the agencies of both, and with other counties of the State of Oregon, and with persons, firms and corporations owning timberlands within such county in such reforestation and to make all agreements necessary or convenient therefor.

�� (5) To make all rules and regulations, not inconsistent with law, necessary or convenient for the protection, administration, operation, conveyance, leasing and acquisition of lands.

�� (6) To employ such assistance as may be necessary to carry out the provisions of ORS 275.090 to 275.316 and to cooperate with other counties in this state in such employment. [Amended by 1969 c.595 �10; 2005 c.243 �12]

�� 275.100 [Repealed by 2005 c.243 �33]

�� 275.105 Acquisition by county of 90 percent of the lots in a plat for taxes and purchase of remaining lots; vacation of whole plat. If any county has bid in and acquired for taxes and has received a deed for not less than 90 percent of the number of the lots in any addition or subdivision or plat, and if it considers it wise so to do, the governing body of the county shall, by order duly made and entered, authorize the purchase of such remaining lots from the owners or may exchange for the lots other lots owned by such county. Upon acquiring title to all the lots in any addition or subdivision or plat, it may enter an order vacating the whole of such addition, subdivision or plat. If any remaining lots are purchased by the county pursuant to this section, the purchase price of the lots shall not be greater than the real market value of the lots, and if other lots are exchanged for the remaining lots, those lots shall be accepted in full payment of the purchase price of the lots for which they are exchanged. [Amended by 1981 c.804 �78; 1991 c.459 �372; 2005 c.243 �13]

�� 275.110 Order to sell certain county lands; exception. (1) When the governing body of a county considers it to be for the best interests of the county to sell any real property acquired in any manner by such county, or any interest therein less than the whole fee, it shall enter an order upon its records directing the sheriff to make sale thereof, and fix the minimum price for which each interest, parcel or group of parcels may be sold and the conditions and terms of sale. The order may be amended from time to time or revoked as the governing body deems proper.

�� (2) Subsection (1) of this section and ORS 275.120 to 275.160 do not apply to the sale of any real property to any other public body or to the sale of any real property that is an industrial facility as defined by ORS 271.510. The sale of industrial facilities shall be made in the manner provided by ORS 271.510 to 271.540. [Amended by 1981 c.602 �3; 1983 c.494 �2; 1983 c.537 �4; 1983 c.740 �72; 1985 c.565 �43; 2005 c.243 �14]

�� 275.120 Sheriff�s notice of sale. (1) Upon receipt of a certified copy of the order referred to in ORS 275.110, the sheriff shall publish a notice of the sale of such property in a newspaper of general circulation, printed and published in the county where the land is situated, once each week for four consecutive weeks prior to such sale.

�� (2) The notice shall state:

�� (a) The time and place of sale;

�� (b) The description of the property or interest therein to be sold;

�� (c) If available from the tax roll, the real market value of the property or interest to be sold as evidenced by the last roll certified under ORS 311.105 on which the property was included;

�� (d) The minimum price for the property or interest to be sold, as fixed by the governing body of the county, which may be lower than the tax roll value;

�� (e) The date of the order directing the sale; and

�� (f) Such other matters as the governing body of the county deems pertinent.

�� (3) Proof of publication of the notice shall be made in the same manner as proof of publication of summons is made, and shall be filed by the sheriff with the county clerk of the county, and then recorded in the deed record of the county. [Amended by 1981 c.602 �4; 1989 c.223 �1; 1995 c.79 �93; 2005 c.243 �15]

�� 275.130 Claims of municipal corporations against the land to be filed prior to sale. Prior to the date set for the sale of property as indicated in the notice of sale required under ORS 275.120, a municipal corporation may file with the county clerk notice that the municipal corporation has a lien arising out of an assessment for local improvement against the property described in the notice. The notice shall identify each property described in the notice to which a lien for assessment for local improvement has attached and shall state the principal amount of the lien and the interest thereon to date. Upon receipt of the notice, the county clerk shall forward a copy of the notice to the county treasurer and to the county employee responsible for the management of county-owned real property acquired by the foreclosure of delinquent property taxes. A notice filed within the time and in the manner permitted under this section shall preserve the rights of a municipal corporation to a distribution under ORS 275.275 (3)(a)(A). [Amended by 1997 c.805 �3]

�� 275.140 Time and place of sale. All sales shall be made in the county in which the land is situated between the hours of 10 a.m. and 4 p.m., and may be adjourned from day to day for not to exceed 30 days by the sheriff, by public announcement made by the sheriff at the time and place designated in the notice of sale or at the time and place to which the sale may be adjourned. [Amended by 1971 c.120 �2]

�� 275.150 Certificate of sale. At the time of sale, the sheriff shall give to each purchaser a certificate containing a particular description of the property sold, the whole purchase price, the amount paid in cash and the dates upon which future payments will become due. [Amended by 1997 c.805 �4]

�� 275.160 Sale return. Upon the close of such sale, the sheriff shall make due return to the governing body of the county of the proceedings of the sheriff pursuant to the commands of such order of sale. [Amended by 2005 c.243 �16]

�� 275.170 [Amended by 1991 c.249 �21; repealed by 1997 c.805 �7]

�� 275.180 Sale to record owner or contract purchaser of property; conditions. (1) The governing body of a county may at any time, without the publication of any notice, sell and convey by deed to the record owner or the contract purchaser of record, any property acquired by the county for delinquent taxes for not less than the amount of taxes and interest accrued and charged against such property at the time of purchase by the county with interest thereon at the rate of six percent per annum from the date of such purchase.

�� (2) All such sales of any such property to the record owner or the contract purchaser of record shall be subject to all liens or claims arising out of any assessment for a local improvement levied against such property, or any part thereof, by any municipal corporation and remaining unsatisfied, and also shall be subject to any title or equity of the municipal corporation predicated upon or growing out of any such lien or assessment. [Amended by 1973 c.843 �1; 1975 c.657 �1; 2005 c.243 �17]

�� 275.188 Definitions for ORS 275.110 to 275.250. (1) As used in ORS 275.110 to 275.250, �purchase agreement� means a purchase money mortgage, a purchase money trust deed, a land sale contract or any other written purchase agreement other than an earnest money agreement that requires payment of an earnest money deposit upon execution and payment of the outstanding balance in one additional payment.

�� (2) As used in ORS 275.190, �for cash,� when used to describe the terms of a sale of county property, includes a sale pursuant to an earnest money agreement that requires payment of an earnest money deposit upon execution and payment of the outstanding balance in one additional payment. [2005 c.243 �2]

�� Note: 275.188 was added to and made a part of 275.110 to 275.250 by legislative action but was not added to any other series in ORS chapter 275. See Preface to Oregon Revised Statutes for further explanation.

�� 275.190 Cash or installment sale; rights and liabilities of installment purchaser. (1) Sales made under ORS 275.110 to 275.250 must be to the highest and best bidder:

�� (a) For cash; or

�� (b) For not less than 10 percent of the purchase price in cash with the remainder to be paid under a purchase agreement in equal installments over a term not exceeding 20 years from the date of sale and with deferred payments bearing interest from the date of sale at a rate set by the governing body of the county and payable annually.

�� (2) In advertising for bids, the county shall state whether the sale will be made for cash or by purchase agreement. If by a purchase agreement that allows for deferred payments, the county shall also state the term and the rate of interest to which the county will agree.

�� (3) The purchaser shall have the possession of, and the income from the premises so long as the purchaser is not in default in the performance of the purchase agreement with the county, but shall forfeit the purchaser�s rights under the agreement and to all payments made pursuant thereto if the purchaser fails to pay the purchase price or any part of the purchase price, principal or interest, or to pay, before delinquency, the taxes thereafter levied against the premises, or commits or suffers any strip or waste of or on the premises, or violates any other reasonable provision of the purchase agreement that the governing body of the county may see fit to require. The purchaser shall have the privilege of prepayment without penalty. The provisions of this subsection must be incorporated in the purchase agreement. [Amended by 1969 c.208 �1; 1981 c.412 �3; 2005 c.243 �3]

�� 275.200 Sale of land not sold by sheriff. (1) When the governing body of a county enters an order under ORS 275.110 directing the sheriff to sell real property acquired in any manner by the county, if all or a part of the land remains unsold after the time set for the sale in the sheriff�s published notice or after adjournment of a sheriff�s sale, the governing body of the county may sell the lands as provided in subsection (2) of this section.

�� (2) After the sheriff has unsuccessfully attempted to sell real property of the county as provided in ORS 275.120 to 275.160, the governing body of the county may sell all or a part of the land, or an interest in the land less than the whole fee, at private sale without further notice but for not less than the largest amount bid for the land at the sheriff�s sale, or, if no bid was made, at a price the governing body of the county deems reasonable, but at a price no less than 15 percent of the minimum bid set under ORS 275.110 for the sheriff�s sale.

�� (3) A sale under this section must be made in the manner provided by ORS 275.190 (1).

�� (4) Nothing in this section prohibits the governing body of a county from entering an order at any time under ORS 275.110 directing the sheriff to sell real property of the county as provided in ORS 275.120 to 275.160. [Amended by 1981 c.602 �5; 1989 c.223 �2; 1989 c.688 �1; 2005 c.243 �4]

�� 275.210 Filing of purchase agreement; assignment. (1) A purchase agreement made pursuant to ORS 275.190 or 275.200 must be filed with the clerk, accountant or secretary, as the case may be, of the county in which the real property is situated.

�� (2) An assignment of a purchase agreement, or of an interest in the purchase agreement or of an interest in the property described in the purchase agreement, is not valid unless it is in writing, subscribed by the holder of the purchase agreement and filed with the county clerk of the county in which the land is situated. [Amended by 1983 c.310 �15; 1991 c.67 �65; 2005 c.243 �5]

�� 275.220 Procedure upon default or breach under land sale contract. (1) In case of breach of condition or other default in performance of a land sale contract made pursuant to ORS

ORS 275.220

275.220, the governing body of a county may authorize the sale of county land by private sale as provided in this section if each parcel of county land to be sold:

�� (a) Has a real market value of less than $15,000 on the assessment roll prepared for the county; and

�� (b) Is unsuited for the construction or placement of a dwelling under applicable zoning ordinances and building codes.

�� (2) The governing body of the county may publish a notice of the private sale of county land described in subsection (1) of this section in a newspaper of general circulation in the county. The notice must contain a description of the land and must indicate the real market value of the land.

�� (3) Not earlier than 15 days after publication of the notice, an officer or employee of the county authorized by the governing body of the county to sell the land may sell all or a part of the land, at private sale without further notice, at a price the governing body of the county considers reasonable.

�� (4) A sale under this section must be made in the manner provided by ORS 275.190 (1). [1989 c.305 �1; 1997 c.805 �1; 2005 c.243 �7; 2007 c.231 �1; 2007 c.435 �1]

�� Note: 275.225 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 275 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 275.230 [1989 c.558 �1; repealed by 2005 c.243 �33]

�� 275.240 Taxation of county lands sold under purchase agreement. Land sold under a purchase agreement in accordance with ORS 275.190 (1) is subject to taxation to the same extent as other privately owned real property. When a purchase agreement is canceled, as provided in ORS 275.220, the real property must be removed from taxation and all taxes then unpaid must be canceled. [Amended by 2005 c.243 �8]

�� 275.250 Notice to county assessor of sale or resale. Upon any sale or resale as provided in ORS 275.110 to 275.220, the governing body of the county shall notify the county assessor thereof. [Amended by 2005 c.243 �18]

�� 275.260 Lands acquired by county on tax foreclosure exempt from taxes of other taxing districts. No claim shall ever be allowed against the county in favor of any municipal corporation, school district, road district or other taxing district for taxes levied on the property heretofore or hereafter acquired by any county by foreclosure of delinquent taxes or otherwise under ORS 275.090 to 275.220, but all taxes shall at the time of the acquisition of the property by such county thereby be canceled.

�� 275.270 [Repealed by 1969 c.595 �17]

�� 275.275 Distribution of proceeds. (1) The proceeds arising under ORS 275.090 to 275.290 and 275.296 to 275.310 must be:

�� (a) First, applied to refund the county general fund for the full amount actually paid by the county to advance the state tax upon all properties upon which the county has foreclosed liens for delinquent taxes;

�� (b) Second, applied to the county general fund in an amount equal to the penalty and fee described in ORS 312.120 for each property upon which the county has foreclosed a lien for delinquent taxes;

�� (c) Third, applied to refund the county general fund for all the costs and expenses actually incurred by the county in the maintenance and supervision of the properties and in any suits or proceedings by the county to quiet title to or to defend the county�s title to property sold, including suits or land use proceedings to ascertain and determine the actual boundaries of the properties;

�� (d) Fourth, in a county with a population of 650,000 or more or in a county with a population of 200,000 or more and that elects to distribute funds under this subsection:

�� (A) First, distributed to a local government, as defined in ORS 174.116, that has filed a notice, in accordance with ORS 275.130, relating to a local improvement lien arising under ORS 223.680 or 223.685 against the property in the principal amount of the lien, plus any interest and penalties that have accrued to the date of sale of the property.

�� (B) Second, if the proceeds arise under ORS 275.090 from the sale of real property acquired by foreclosure of delinquent tax liens or by exchange for land originally acquired by foreclosure of delinquent tax liens, applied to an account or fund created in the discretion of the county treasurer, in or outside of the county general fund, for use under ORS 271.330 to provide:

�� (i) Funds for housing placement and retention support services for youth and families with children;

�� (ii) Flexible rental assistance for housing placement for youth and families with children; or

�� (iii) Funds to develop new low income housing that is affordable to youth and families with children with 30 percent or lower median family income.

�� (C) Third, except as provided in subparagraph (B) of this paragraph, applied to the county general fund; and

�� (e) Fifth, except as provided in paragraph (d) of this subsection, if the proceeds arise from the sale of real property acquired by the county in a manner other than by foreclosure of delinquent tax liens or by exchange for land originally acquired by foreclosure of delinquent tax liens, applied to the county general fund. The proceeds described in this paragraph include payments for the real property sold under a purchase agreement pursuant to ORS 275.190 or 275.200.

�� (2) The proceeds arising under ORS 275.294:

�� (a) Must be credited to the county general fund by the county treasurer, if received from a lease or conveyance granting rights to explore, prospect for or remove biogas that is produced by decomposition of solid waste at any land disposal site or former land disposal site owned by the county. As used in this paragraph, �land disposal site� has the meaning given that term in ORS 459.005.

�� (b) Must be segregated from the portion of the proceeds described in paragraph (a) of this subsection and deposited in a separate account maintained by the county. Interest earned on the segregated portion of the proceeds must be credited to the account established under this paragraph.

�� (c) May be used, in an amount that does not exceed 10 percent of the proceeds, to reimburse a taxing district within the county for costs and expenses necessarily incurred by the district in providing improved, additional or extraordinary services required on lands in the county as a result of exploration, drilling, mining, logging or other activities authorized under a lease or conveyance under ORS

ORS 275.294

275.294. As used in this paragraph, �improved, additional or extraordinary services� includes, but is not limited to, fire protection and road construction and maintenance.

�� (d) May be used to reimburse the county for its actual costs and expenses incurred under this subsection and under ORS 275.294 for:

�� (A) The maintenance and supervision of a lease or conveyance granting rights to explore, prospect for, mine or remove valuable minerals, oil or gas from the lands;

�� (B) The maintenance and supervision of a lease or conveyance granting rights to conduct underground storage, as defined in ORS 520.005; and

�� (C) Litigation resulting from a lease or conveyance described in subparagraph (A) or (B) of this paragraph.

�� (3)(a) After a portion of the proceeds arising under ORS 275.090 to 275.290 and 275.296 to

ORS 275.310

275.310 and a portion of the proceeds arising under ORS 275.294 are applied as provided in subsections (1) and (2) of this section, the balance of the proceeds arising under ORS 275.090 to 275.290 and 275.296 to 275.310 and the balance of the proceeds arising under ORS 275.294, including the payments for land sold under contract pursuant to ORS 275.190 or 275.200, must be distributed by the county treasurer as follows:

�� (A) First, to a municipal corporation that has filed a notice, in accordance with ORS 275.130, relating to a local improvement lien against the property from which the sale proceeds are derived. The amount of the distribution to each municipal corporation must be in the principal amount of the lien, plus the interest and any penalties that accrued to the date of sale of the property.

�� (B) Second, to governmental units in accordance with the formula provided in ORS 311.390 for the distribution of tax collections. The amount distributed to governmental units must be the amount remaining after the distribution, if any, under subparagraph (A) of this paragraph.

�� (b) Notwithstanding ORS 294.080, as used in this subsection, �balance of the proceeds� includes all accumulated interest earned on the proceeds arising under ORS 275.294 that are segregated pursuant to subsection (2)(b) of this section, unless a court of competent jurisdiction rules otherwise.

�� (4) Distribution of moneys under subsections (2) and (3) of this section must be made on or before June 30 in each year.

�� (5) The county treasurer or auditor shall verify the costs and expenses to be reimbursed under subsection (2) of this section.

�� (6) The county treasurer shall distribute reimbursements under subsection (2) of this section in accordance with an order of the governing body of the county.

�� (7) Notwithstanding subsection (1) of this section, a county with a population of 650,000 or more may convey real property acquired by foreclosure of delinquent tax liens or by exchange for land originally acquired by foreclosure of delinquent tax liens as provided in ORS 271.330. [1963 c.606 �5; 1969 c.595 �11; 1982 s.s.1 c.19 �1; 1983 c.537 �5; 1985 c.707 �1; 1989 c.833 �78; 1993 c.613 �1; 1997 c.805 �5; 2005 c.243 �9; 2015 c.242 �1; 2017 c.315 �2; 2019 c.443 �1; 2023 c.614 �1]

�� 275.280 [Repealed by 1969 c.595 �17]

�� 275.285 [1963 c.606 �6; repealed by 1969 c.595 �17]

�� 275.290 Sale or lease of timber on county lands. (1) In any instrument of conveyance or agreement for conveyance of timber upon lands acquired by any county by foreclosure of delinquent tax liens or otherwise under ORS 275.090 to 275.220, the governing body of the county may provide such conditions and regulations of cutting and slash disposal as may be deemed to be for the best interests of the county, which conditions and regulations shall be in addition to the provisions of the state forest fire law.

�� (2) Any purchaser of such timber may be required to give a bond or undertaking in favor of the county conditioned upon the compliance of the purchaser with all such conditions and regulations and with the provisions of the state forest fire laws, the bond to be in an amount not less than the full purchase price of the timber.

�� (3) The instrument or agreement for conveyance may be made for a term of years, in which case all rights and interests thereby granted by the county shall revert to and revest in the county upon expiration of the term. [Amended by 2005 c.243 �19]

�� 275.294 Sale or lease of right to prospect for and remove minerals or oil and gas from county lands. (1) Nothing contained in this chapter shall prohibit the governing body of a county, whenever it appears to the best interest of the county, from making or executing a lease or conveyance granting rights to explore or prospect for valuable minerals or oil and gas and for the mining and removal of the same from any lands acquired by such county through foreclosure of tax liens or otherwise.

�� (2) Except as provided in subsection (3) of this section, any lease or conveyance of minerals or oil and gas or interest in such lands shall be granted to the highest bidder, after an opportunity for competitive bidding is given by advertisement of the proposed sale or lease for not less than once a week for two successive weeks by publication in one or more newspapers having general circulation in the county, and under such terms, conditions and regulations as the governing body of the county provides under ORS 275.300.

�� (3) The governing body of the county, as to any land which is owned by the county or whereon the mineral rights are reserved by the county, may execute leases and contracts, other than for gas or oil, upon a royalty basis without requiring bids for the mining of gold, silver, copper, lead, cinnabar and valuable minerals or mineral materials from such lands upon terms and conditions agreed upon by the governing body of the county and the lessee. [1955 c.150 ��1,2; 1959 c.603 �1; 1983 c.537 �6; 2005 c.243 �20]

�� 275.296 Validation of certain conveyances prior to August 3, 1955. All leases and conveyances granting the right to explore or prospect for minerals or oil and gas and for the mining and removal of the same on or from county-owned lands, executed and delivered by the governing body of a county prior to August 3, 1955, and which might be invalid only because the governing body of the county was not expressly authorized by statute to execute and deliver such leases or conveyances, hereby are validated and declared to be legal and enforceable. [1955 c.150 �3; 2005 c.243 �21]

�� 275.298 Sale of minerals or mineral rights; preferential right of holder of interest less than fee. (1) In any sale hereafter made under ORS 275.110 to 275.250 of minerals or mineral rights heretofore reserved to a county where such minerals or mineral rights were acquired by a county by foreclosure of delinquent tax liens, the holder of an interest less than the fee in the same lands where the mineral rights are located shall have the right to purchase such minerals or mineral rights interest by depositing with the sheriff within 60 days from date of sale not less than the high amount bid for the minerals or mineral rights by a third person. If no sale was made at the offering, then such person shall have the right to purchase at whatever price the governing body of the county deems reasonable.

�� (2) Unless the purchaser at any sale is the owner of some interest less than the fee, the execution of a deed shall be postponed for 60 days from the date of sale in order to give the party granted preferential right under subsection (1) of this section, or the assignee of the party, the right to exercise the preference in the manner set forth in subsection (1) of this section.

�� (3) The provisions of this section shall not be applicable to the sale of mineral rights on or under any land suitable for the commercial production or development of timber. [1955 c.370 ��1,2,3; 2005 c.243 �22]

�� 275.300 Sale of mineral or other interest in county lands less than fee; conditions and regulations; bond. In any conveyance or agreement for conveyance of any minerals, or other interest, less than the whole fee, in any lands acquired by any county by foreclosure of delinquent tax liens or otherwise under ORS 275.090 to 275.220, the governing body of the county may provide such conditions and regulations as may be deemed to be for the best interests of the county and may require of the purchaser a satisfactory bond or undertaking in the name of the county in an amount not less than the whole purchase price of such minerals or other interests in such lands, conditioned upon the compliance of the purchaser with such conditions and regulations. [Amended by 2005 c.243 �23]

�� 275.310 Partition of land in which county has acquired interest. Any county which has acquired or shall acquire an undivided interest in real property by foreclosure of delinquent tax liens, shall have the benefit of the statutes of this state providing for the partition of real property owned by tenants in common. Such county may become a purchaser at any sale of such real property upon partition.

�� 275.312 Conveyance by county of reserved or excepted mineral rights. Notwithstanding any other law, in any county where the surface rights to tax-foreclosed lands have been conveyed and the mineral rights on such lands have been reserved or excepted by the governing body of the county making such conveyance, upon written application of the owner of such surface rights, the governing body of the county, whenever it appears to the governing body of the county to be in the best interests of the county, may convey such reserved or excepted mineral rights to the owner of the surface rights in accordance with ORS 275.314 and 275.316. [1967 c.188 �2; 2005 c.243 �24]

�� 275.314 Contents of application; investigation and hearing. Each application presented to the governing body of the county under ORS 275.312 must be accompanied by evidence satisfactory to the governing body of the county showing that the applicant is the owner of the surface rights to the lands described in the application, and also by a cash deposit or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in an amount sufficient to reimburse the county for all costs of such transfer, including but not limited to the costs of investigation and legal work, which shall be paid by the applicant. The governing body of the county then shall cause an investigation to be made by qualified geologists or mining engineers in regard to the probable value of such mineral rights. If the governing body of the county finds that such rights are of little or doubtful value and that it would be in the best interests of the county to transfer such rights to the owner of the surface rights, the governing body of the county may make and enter an order declaring its intention to make such transfer and setting a time and place for hearing objections thereto. The time for the hearing shall be set not earlier than six weeks after the date of the order. [1967 c.188 �3; 1991 c.331 �52; 1997 c.631 �431; 2005 c.243 �25]

�� 275.316 Notice of hearing; findings; execution of conveyance. (1) The county clerk shall give notice of the time and place of the hearing scheduled under ORS 275.314 by publication in a newspaper of general circulation published in such county, once each week for four consecutive weeks prior to the hearing. The notice shall set forth the time and place of the hearing, the name of the applicant and a description of the lands in the proposed transfer. If no newspaper of general circulation is published in the county, notice may be given by the clerk by posting such notice in at least four public places in the county.

�� (2) Upon such hearing, if the governing body of the county finds that such mineral rights are of little or doubtful value and that it would be in the best interests of the county to convey such rights to the record owner of the surface rights, it may fix a minimum value for such rights and enter an order accordingly. Thereupon the governing body of the county, after receiving payment of such value, may execute and deliver the necessary deeds of conveyance. [1967 c.188 �4; 2005 c.243 �26]

�� 275.318 Sale or lease of land located in industrial use zone; Industrial Development Revolving Fund; use of proceeds of sale. (1) When the governing body of a county sells or leases real property acquired in any manner by the county, if that property is located in an area planned and zoned for industrial use under an acknowledged comprehensive plan of the county, the governing body may order all the moneys paid to the county under the terms of the sale be deposited with the county treasurer and credited to a special fund created by the governing body and designated the Industrial Development Revolving Fund of the county.

�� (2) The county treasurer shall disburse the moneys in the Industrial Development Revolving Fund of the county only upon the written order of the county governing body and only for the purposes set forth in subsection (3) of this section.

�� (3) The governing body of a county may expend moneys in an Industrial Development Revolving Fund created under this section only for:

�� (a) The engineering, improvement, rehabilitation, construction, operation or maintenance, in whole or in part, including the preproject planning costs, of any development project authorized by ORS 271.510 to 271.540 or 280.500 that is located in the county and that could directly result in one of the following activities:

�� (A) Manufacturing or other industrial production;

�� (B) Agricultural development or food processing;

�� (C) Aquacultural development or seafood processing;

�� (D) Development or improved utilization of natural resources;

�� (E) Operation of convention facilities or trade centers;

�� (F) Operation of transportation or freight facilities; and

�� (G) Other activities that represent new technology or types of economic enterprise the county governing body determines are needed to diversify the economic base of the county.

�� (b) Construction of off-site transportation or utility infrastructure that is necessary or appropriate to serve the development project.

�� (4) If moneys from the sale of county property located in an area planned and zoned for industrial use are not credited to the Industrial Development Revolving Fund of the county, those moneys shall be distributed as provided in ORS 275.275.

�� (5) The governing body of a county may sell, lease or convey the real property described in this section, including any part thereof or interest therein, at public or private sale, with or without advertisement, and do all acts necessary to the accomplishment of the sale, lease or conveyance. [1983 c.494 �1; 2013 c.248 �1]

Note: 275.318 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 275 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

COUNTY FORESTS AND PARKS

�� 275.320 Designation of county forests, parks and recreational areas. The governing body of a county may, by order, designate as county forests, public parks or recreational areas any real property heretofore or hereafter acquired by the county for delinquent taxes or otherwise. Where the park or recreational area is situated in whole or in part within the corporate limits of any city the county first shall obtain the consent or approval, by resolution or ordinance adopted by the city consenting or approving the creation of the public park or recreational area. [Amended by 2005 c.243 �27]

�� 275.330 Conveyance of county forests, parks or recreational areas; agreements to manage timber. (1) Upon the entry of an order by the governing body of a county setting aside the real property for county forest, public park or recreational area, the lands shall be set apart for such use. Thereafter such lands may not be alienated by the governing body of the county for any purpose unless authorized by a majority of the electors of the county in a regular or special election, except that:

�� (a) In counties having 450,000 population or over according to the latest federal decennial census:

�� (A) The lands may be sold and conveyed by the governing body of a county if it considers the sale to be in the best interests of the county; or

�� (B) The lands may be conveyed without payment or compensation for park and recreational purposes to any public educational institution, park and recreation district, service district formed under ORS chapter 451 to provide and maintain park and recreational facilities or nonprofit corporation organized under the laws of the State of Oregon for as long as the lands so conveyed are used for such purposes. Any lands conveyed under this subparagraph shall automatically revert to the county if the lands are not used for such purposes or if the institution, district or corporation to which the lands are conveyed is dissolved. However, lands conveyed under this subparagraph to a nonprofit corporation which is organized for the purpose of promoting the preservation of park and recreational areas may be conveyed without restriction subject to prior approval of the governing body of the county. When lands are conveyed under this subparagraph, the county shall be relieved from any obligation to account for the payment of any taxes, liens or assessments that may have been levied against the lands by any taxing agency, district or municipality authorized to levy against any of the lands.

�� (b) The governing body of a county may convey the lands to the state, an incorporated city, a park and recreation district or the United States Government for public use. The conveyance may be made without the payment of compensation, and when so made the county shall be relieved from any obligation to account for the payment of any taxes, liens or assessments that may have been levied against the lands by any taxing agency, district or municipality authorized to levy taxes against any of the lands.

�� (c) The governing body of a county may enter into agreements with the state or the United States for the management of the timber and other forest products on the designated county forestlands.

�� (2) In addition to the methods described in subsection (1) of this section, lands that have been set aside for county forest, public park or recreational area may be alienated, sold or conveyed, in part or in whole, by the public body upon a finding that it is in the best interest of the public. Upon a determination that an alienation, sale or conveyance is in the public interest, the lands set aside may be sold at public or private sale, or other lands may be taken in exchange and set aside for park or recreational purposes. When a sale, an alienation or conveyance takes place, the proceeds shall be held for maintenance and improvement of existing park and recreation lands or future acquisition of lands to be set aside for park or recreational purposes.

�� (3) Before making an order for an alienation, sale or conveyance of the property without approval at an election, or before entering into agreements for management of timber and other forest products under subsection (1)(c) of this section, the county governing body shall hold a hearing in the county at which objections to the proposed agreements or alienation, sale or conveyance may be heard. Notice of the hearing shall be given by publication weekly for two consecutive weeks in a newspaper circulated generally within the county, and the notice shall describe particularly the property affected. [Amended by 1959 c.546 �1; 1981 c.482 �1; 1989 c.534 �1; 1993 c.432 �1; 2005 c.243 �28]

�� 275.335 Exchanging land within county forest; reserving rights of way. (1) Notwithstanding the provisions of ORS 275.330 or 275.340, the governing body of a county may provide for the exchange of land within a designated county forest for other land when in the judgment of the governing body of the county, supported as provided in subsection (3) of this section, such exchange is for equal value and is in the best interest of the county. Such exchanges shall be authorized under this section only when the land obtained by the county in exchange is immediately incorporated into the designated county forest.

�� (2) Before making an order for exchange of property, the governing body of the county shall hold a hearing at which objections to the proposed exchange of real property may be heard. Notice of the hearing shall be given by publication weekly for two consecutive weeks, or two publications in all, in a newspaper circulated generally within the county, such notice to describe particularly the property affected. The date of hearing shall be not less than five days following the last date of publication of notice.

�� (3) The exchange authorized in subsection (1) of this section shall be made by order of the governing body of the county and supported by reports of the value of the properties being exchanged submitted by:

�� (a) The county assessor; and

�� (b) The county forester or other qualified agent selected by the governing body.

�� (4) The exchanges authorized in this section may include any timber on the land involved if the value of such timber is established as provided in subsection (3) of this section.

�� (5) The governing body of the county shall reserve all rights of way in all lands exchanged as provided in subsection (1) of this section to permit proper administration and management of county lands and forests retained or received in exchange by the county. [1961 c.227 �2; 2005 c.243 �29]

�� 275.340 Sale or lease of forest products, minerals or oil and gas from county forestland. Nothing contained in ORS 275.320 and 275.330 shall prohibit the county governing body from selling the timber and other forest products or from leasing the right to prospect for and remove minerals or oil and gas in the manner stated in ORS 275.294 from the designated county forestland when in the judgment of the county governing body the sale or lease is deemed for the best interests of the county. All sales of timber and other forest products in excess of the value of $5,000 shall be made only after an opportunity for competitive bidding is given by advertisement of the proposed sale for not less than once a week for two successive weeks by publication in one or more newspapers having general circulation in the county. Where more than one bid has been received, or in case of doubt as to which of a number of bids is the highest and most advantageous to the county, the decision of the county governing body shall be final and conclusive and shall not be subject to review by any court. Each bid shall be accompanied either by a certified check, or by a good and sufficient bond furnished by a surety company authorized to do business in the state, in favor of the county, in a sum to be determined by the county governing body. [Amended by 1955 c.119 �1; 1979 c.150 �1; 1979 c.393 �2]

�� 275.350 [Repealed by 1981 c.126 �6]

�� 275.360 Recording orders of county. Certified copies of all orders of the governing bodies of the several counties made under ORS 275.320 to 275.340 affecting the title or status of real property shall be recorded in the deed records of the county in which such lands are located. [Amended by 1981 c.126 �4; 1983 c.740 �74; 2005 c.243 �30]

�� 275.370 Validation of conveyances prior to January 1, 1941. All deeds and conveyances of the governing bodies of the several counties executed and delivered prior to January 1, 1941, conveying real property theretofore set aside by the governing bodies of the several counties as public parks and recreational areas under ORS

ORS 279C.100

279C.100 to 279C.125 and 279C.300 to 279C.470.

�� (7) Shall furnish the schools with supplies, equipment, apparatus and services essential to meeting the requirements of a standard school and may furnish other supplies, equipment, apparatus and services as the board considers advisable.

�� (8) May construct, purchase or lease in cooperation with other school districts or community college districts facilities for secondary career and technical education programs for pupils of more than one district and may furnish or cooperate in furnishing supplies and equipment for the facilities, to be financed in the same manner as other school buildings and supplies are financed.

�� (9) May purchase real property upon a contractual basis when the period of time allowed for payment under the contract does not exceed 30 years.

�� (10) May purchase relocatable classrooms and other relocatable structures in installment transactions in which deferred installments of the purchase price are payable over not more than 10 years from the date the property is delivered to the district for occupancy and are secured by a security interest in such property. Transactions under this subsection may take the form of, but are not limited to, lease-purchase agreements.

�� (11) May enter into rental or lease-purchase agreements covering motor vehicles operated by the district.

�� (12) May enter into transactions that are expected to reduce the cost to the district for school facilities, including:

�� (a) Entering into an agreement or taking any other action to allow the district to use state or federal tax credits or state or federal funding sources;

�� (b) Entering into a lease or sublease, partnership agreement or other contract for property that is financed with general obligation bond proceeds or other district funds; or

�� (c) Loaning or otherwise contributing general obligation bond proceeds or other district funds to transactions authorized by this subsection. [Formerly 332.380; 1965 c.100 �143; 1969 c.311 �2; 1969 c.434 �1; 1975 c.358 �1; 1981 c.212 �1; 1983 c.740 �103; 1989 c.138 �2; 1993 c.45 �47; 2003 c.794 �255; 2009 c.94 �6; 2011 c.637 �113; 2015 c.245 �42; 2015 c.474 �1]

�� 332.158 Creation of school in another school district; written permission or written notice. (1) A district school board may lease, purchase, construct, reconstruct, improve, repair, equip or furnish a school in another school district and may expend bond proceeds or other funds available to the board for such purposes if the board has the written permission of the district school board of the school district in which the school will be located. The written permission required by this subsection must be obtained prior to the first day on which students will attend classes in the school.

�� (2) If a district school board opens or operates a school in another school district and does not obtain the written permission required by subsection (1) of this section, the board of the school district in which the school has been opened or operated may file a complaint with the Superintendent of Public Instruction. Upon receipt of a complaint, the superintendent shall schedule a contested case hearing pursuant to ORS 183.413 to 183.470.

�� (3) Upon a determination that the written permission required by subsection (1) of this section was not obtained, the superintendent shall withhold State School Fund moneys otherwise allocated to the school district. The superintendent shall withhold moneys until the written permission is obtained or until some other date determined by the superintendent.

�� (4) The provisions of this section do not apply to a public charter school. [2001 c.169 �2; 2015 c.75 �1; 2023 c.163 �3]

�� 332.160 [Repealed by 1953 c.56 �2]

�� 332.162 [1965 c.130 �2; repealed by 1993 c.45 �48]

�� 332.163 Notices related to seismic risk category of school. A school district or education service district:

�� (1) Must provide notification to the State Department of Geology and Mineral Industries when the district:

�� (a) Constructs a new school building; or

�� (b) Modifies an existing school building in a manner that may affect the seismic risk category of a school; and

�� (2) May provide to the parents or legal guardians of the students of the district information about the seismic risk category of a school, as determined under an assessment process approved by the State Department of Geology and Mineral Industries. [2012 c.61 �4]

�� Note: 332.163 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 332 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 332.165 [Formerly 332.120; repealed by 1965 c.100 �456]

�� 332.166 [2015 c.729 �1; renumbered 332.341 in 2017]

�� 332.167 [2015 c.729 �2; renumbered 332.345 in 2017]

�� 332.170 [Renumbered 332.175]

�� 332.172 Use of school buildings and grounds for civic and recreational purposes; fee; rules. (1) The district school board may permit the use of school buildings and grounds for civic and recreational purposes, including use for:

�� (a) Supervised recreational activities;

�� (b) Meeting places for discussion of all subjects and questions which in the judgment of the residents may relate to the educational, political, economic, artistic and moral interests of the residents, giving equal rights and privileges to all religious denominations and political parties; and

�� (c) Such other proper purposes as may be determined by the board.

�� (2) The district school board may appoint a special supervising officer to have charge of the buildings and grounds, preserve order, protect school property and do all things necessary in the capacity of a peace officer to carry out the provisions of this section.

�� (3) The district school board may establish a schedule of fees and collect fees pursuant to the schedule for use of school buildings and grounds and other facilities, including but not limited to gymnasium equipment, swimming pools, athletic fields and tennis courts.

�� (4) Expenses for light, heat, janitor services and services of the special supervising officer provided in connection with use of buildings and grounds under this section which are not covered by the fees charged under subsection (3) of this section shall be paid out of the county or special school funds of the district in the same manner that other similar services are paid.

�� (5) The district school board shall make rules governing the use of school buildings and grounds under this section. [1965 c.100 �144; 1983 c.350 �170; 1993 c.45 �49; 1995 c.660 �48; 2011 c.313 �10]

�� 332.175 [Formerly 332.170; repealed by 1965 c.100 �456]

�� 332.176 Large construction projects; safety improvements. (1) As used in this section, �large construction project� means a construction project for which a school district must submit the question of bonded indebtedness to the electors of the school district and the total bonded indebtedness for the project is greater than $1 million.

�� (2) Prior to receiving approval from the electors of the school district for bonded indebtedness for a large construction project, a school district shall:

�� (a) Evaluate the need for safety improvements within one mile of an elementary school or 1.5 miles of a secondary school where the large construction project is to be completed. The safety improvements should provide safer alternative routes to schools and may include improvements for pedestrians, bicycles and motor vehicles.

�� (b) Evaluate the potential for joint funding of safety improvements with other public and private entities.

�� (c) Consider including the funding of safety improvements within the funding of the large construction project. The consideration of and the school district board�s decision on the funding for safety improvements as part of a large construction project shall be part of the public record relating to the project.

�� (3) After receiving approval from electors for bonded indebtedness for a large construction project, a school district may select a site for the large construction project that is different from the site proposed prior to the election if the school district makes an evaluation for safety improvements for the new site as described in subsection (2) of this section before issuing any bonds for the project. [2007 c.163 �1; 2009 c.125 �1]

�� Note: 332.176 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 332 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 332.180 [Amended by 1961 c.575 �5; renumbered 332.235 and then 332.435]

�� 332.182 Condemnation of realty for school purposes. (1) Whenever it is necessary for any school district to acquire any real property for necessary school purposes, and the owner of the real property and the district school board cannot agree upon the price to be paid therefor, and the damage for the taking thereof, if any, the district school board may commence and prosecute any necessary or appropriate action for the condemnation of the real property required for school purposes. The title acquired by any school district by any such action shall be a fee simple title.

�� (2) The procedure for condemnation shall be the procedure provided by law for condemnation of land or rights of way by public corporations or quasi-public corporations for public use or for corporate purposes. [1965 c.100 �145]

�� 332.190 [Amended by 1965 c.100 �146; repealed by 1989 c.216 �1]

�� 332.200 [Amended by 1957 c.310 �12; renumbered 336.055 and then 336.105]

�� 332.205 [Formerly 332.400; 1965 c.100 �156; renumbered 332.445]

�� 332.207 Light fixtures. (1) As used in this section:

�� (a) �School� means a school operated by a school district or a public charter school.

�� (b) �T type light bulb� means a metal halide or mercury vapor light bulb that has an internal mechanism that shuts off the light within 15 minutes after the bulb is broken.

�� (2) A school may use only a T type light bulb in a light fixture that is designed for metal halide or mercury vapor light bulbs.

�� (3) This section does not apply to light fixtures used to light a stadium field, an outdoor athletic field or any other outdoor light fixtures except outdoor light fixtures in covered areas used by persons for recreational or educational activities. [2007 c.312 �1; 2008 c.2 �1]

�� Note: 332.207 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 332 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 332.210 Districts controlling cemeteries. (1) Any school district may own, possess, manage, operate, control, improve, sell and convey real property used for cemetery purposes where such property is within the school district boundaries and a deed of conveyance was executed and delivered conveying in fee such real property from the owners thereof to such school district prior to 1923 and such district accepted such deed and improved such real property for cemetery purposes.

�� (2) Any school district owning and possessing real property described in subsection (1) of this section may receive, own, expend and issue moneys, notes and other evidences of indebtedness for improvement, maintenance, operation, care and management of such real property used for cemetery purposes. [Amended by 1967 c.67 �3]

�� 332.215 [Formerly 332.370; repealed by 1965 c.100 �456]

�� 332.220 [Renumbered 332.265]

�� 332.225 [Formerly 332.240; repealed by 1965 c.100 �456]

�� 332.230 [Amended by 1963 c.136 �1; renumbered 332.275]

�� 332.235 [Formerly 332.180; 1965 c.100 �155; renumbered 332.435]

�� 332.240 [Renumbered 332.225]

�� 332.245 [Formerly 332.330; repealed by 1965 c.100 �456]

�� 332.248 [1953 c.626 �1; renumbered

ORS 280.425

280.425 and 280.431 must conform to the requirements of the Federal Mortgage Subsidy Bond Tax Act of 1980. [1981 c.368 �8; 2003 c.286 �8]

�� 280.425 City powers concerning property. In carrying out the provisions of ORS 280.410 to 280.485, a city may:

�� (1) Acquire by agreement, donation or exercise of eminent domain, construct and hold in whole or in part any lands, buildings, easements, water and air rights, improvements to lands and buildings and capital equipment to be located permanently or used exclusively on such lands or in such buildings, which are deemed necessary in connection with an eligible project to be situated within the city and construct, reconstruct, improve, better and extend such projects, and enter into contracts therefor.

�� (2) Sell and convey all properties acquired in connection with eligible projects, including without limitation the sale and conveyance thereof subject to any mortgage and the sale and conveyance thereof under an option granted to the lessee of the eligible project, for such price, and at such time as the city may determine. However, no sale or conveyance of such properties shall ever be made in such manner as to impair the rights of interests of the holder, or holders, of any bonds issued under the authority of ORS 280.410 to 280.485.

�� (3) Make or participate in the making of loans, including mortgage loans, to provide for the construction, substantial rehabilitation or permanent financing of eligible projects and undertake commitments to make such loans. Mortgage loans under this section may include loans for the development of multiple unit residential housing and low income single room occupancy housing to housing sponsors qualified under standards adopted by the city pursuant to ORS 280.410 to

ORS 281.520

281.520]

�� 35.615 Restrictions on future use of property acquired adjacent to roadway. After an appropriation of land and property authorized by ORS 35.605 has been made, the land and property so appropriated adjoining the boundaries of any road, street or highway and not actually occupied by the road, street or highway, may, by appropriate ordinance or resolution, be declared subject to and burdened with the restrictions upon the future use and occupation thereof that are considered necessary for protecting the full use and enjoyment by the public of the road, street or highway. Such land and property may thereafter be sold by the condemner subject to the declared restrictions and the proceeds of the sale applied and accounted for as may be provided by the charter, charter ordinances or ordinances of, or law governing the condemner. The deed or other conveyance of such land and property shall contain the restrictions and all such land and property shall be sold, burdened with and subject to the restrictions. [Formerly 281.530]

�� 35.620 Acquisition of land adjoining road boundaries declared necessary. The purchase, acquisition, entering upon and appropriation of lands and property immediately adjoining the boundaries of roads, streets or highways, as defined and limited in, and to the extent authorized by, ORS 35.600 to 35.625 is declared to be necessary for the development and welfare of the state and its inhabitants and to be a public use. [Formerly 281.540]

�� 35.625 Procedure to ascertain compensation and damages. If private property is appropriated for the public use as authorized by ORS 35.605, and the compensation and damages arising from the appropriation cannot be agreed upon, the appropriation shall be made and the compensation and damages shall be considered, ascertained, determined, awarded and paid in the manner provided by this chapter. [Formerly 281.550]

ORS 283.327

283.327, when purchasing or leasing vehicles;

�� (b) Adopting policies and rules that promote the goals set forth in this section; and

�� (c) Considering recommendations submitted in the report required by ORS 283.401 that relate to zero-emission vehicles and adopting the recommendations when feasible. [2019 c.565 �1; 2021 c.97 �22]

�� Note: 283.398 and 283.401 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 283.400 [1979 c.230 �1; repealed by 1991 c.399 �6]

�� 283.401 Report concerning utilization of zero-emission vehicles within state; recommendations for legislation. (1) On or before September 15 of each odd-numbered year, the State Department of Energy shall submit to the Governor and an interim committee of the Legislative Assembly related to the environment a report on adoption of zero-emission vehicles in this state and the progress the state is making to achieve reductions in greenhouse gas emissions in the transportation sector. The report shall provide:

�� (a) A review, using existing studies, market reports, polling data or other publicly available information, of the market in this state for zero-emission vehicles and any barriers to adopting zero-emission vehicles in this state;

�� (b) An assessment of the state�s progress in promoting the goals set forth in ORS 283.398; and

�� (c) The date on which the state is predicted to meet the goals set forth in ORS 283.398.

�� (2) The department may contract with third parties to assist in performing the duties described in subsection (1) of this section.

�� (3) The department shall assess the state�s progress under subsection (1)(b) of this section. The assessment must focus on commercially available, or near-commercially available, zero-emission vehicle technology, to the extent possible, and rely on existing studies, data and analysis. In the assessment, the department shall evaluate:

�� (a) Whether the transportation sector is on course to reduce the share of greenhouse gas emissions from motor vehicles, as defined in ORS 801.360, consistent with the greenhouse gas emissions reduction goals set forth in ORS 468A.205.

�� (b) The sales figures and numbers of zero-emission vehicles that are owned in Oregon, including forecasts as to whether:

�� (A) By 2020, 50,000 registered motor vehicles will be zero-emission vehicles;

�� (B) By 2025, at least 250,000 registered motor vehicles will be zero-emission vehicles;

�� (C) By 2030, at least 25 percent of registered motor vehicles, and at least 50 percent of new motor vehicles sold annually, will be zero-emission vehicles; and

�� (D) By 2035, at least 90 percent of new motor vehicles sold annually will be zero-emission vehicles.

�� (c) The sales figures and numbers of zero-emission vehicles that are owned in Oregon, differentiated, to the extent feasible, by demographic factors, including whether persons that own zero-emission vehicles reside in urban or rural areas.

�� (d) The availability and reliability of public and private electric vehicle charging infrastructure that is needed to support the targets for zero-emission vehicle sales and registration identified in paragraph (b) of this subsection. The department shall assess reliability under this paragraph only if the department requests and obtains information on reliability from providers of electric vehicle charging infrastructure.

�� (e) The incremental purchase cost difference, before and after federal and state incentives, between the purchase cost of a zero-emission vehicle and the purchase cost of a comparable vehicle powered by an internal combustion engine.

�� (f) The zero-emission vehicles that are available for purchase in all market segments.

�� (g) Oregonians� awareness of motor vehicle options, the benefits of owning zero-emission vehicles and the true costs of motor vehicle ownership.

�� (h) The carbon intensity of fuel consumed by the Oregon transportation sector as a whole.

�� (i) The general progress toward electrification of all fossil fuel-based transportation modes.

�� (j) Opportunities to minimize impacts to the electric grid from transportation electrification, including rate design, managed charging, vehicle-to-grid services and electricity conservation techniques.

�� (k) In consultation with the Department of Transportation, the impact of the sales and ownership of zero-emission vehicles on revenues that would otherwise accrue to the State Highway Fund under ORS 366.505.

�� (4) If the State Department of Energy determines that the state is not on course to meet the goals set forth in ORS 283.398, the department shall make recommendations in the report required by this section, including recommendations for legislation. Recommended legislation:

�� (a) May not mandate required levels of motor vehicle sales.

�� (b) Must promote the zero-emission vehicle market, address barriers to adoption of zero-emission vehicles in the light-duty portion of the transportation sector, encourage transportation electrification and further the goals set forth in ORS 283.398. [2019 c.565 �2]

�� Note: See note under 283.398.

�� 283.405 [1979 c.230 �2; repealed by 1991 c.399 �6]

ELECTRIC VEHICLE CHARGING SYSTEMS

�� 283.410 Conditions for installation of electric vehicle charging systems authorized or funded by state agencies; exception. (1) As used in this section:

�� (a) �Electric vehicle charging system� means an electrical system or device used solely for the delivery of electrical current for the purpose of charging one or more electric vehicles.

�� (b) �Equivalent training program� means a registered apprenticeship or continuing education electrician program for the installation of an electric vehicle charging system that is developed in accordance with a national guideline standard approved by the United States Department of Labor, in consultation with the United States Department of Transportation, and approved by the Electrical and Elevator Board.

�� (c) �State agency� means any state office, department, division, bureau, board or commission or any other state agency.

�� (2)(a) A state agency that authorizes or funds, in whole or in part, the installation of an electric vehicle charging system to be located on the customer�s side of the meter shall require as a condition of the authorization or funding that:

�� (A) The electric vehicle charging system be installed by a contractor or contractors who hold all licenses legally required to perform the electrical installation work;

�� (B) The electric vehicle charging system be installed by a contractor or contractors who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification; and

�� (C) One or more electricians who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification supervise or participate in the installation work for the periods during which electrical installation work is being performed.

�� (b) In addition to the requirements under paragraph (a) of this subsection, when the installation is for an electric vehicle charging system to be located on the customer�s side of the meter that will supply 25 or more kilowatts to an electric vehicle, the state agency shall require that at least 25 percent of electricians who are present and working on the installation hold Electric Vehicle Infrastructure Training Program or equivalent training program certifications.

�� (3) The requirements under this section do not apply to the installation of an electric vehicle charging system for a single-family dwelling, townhouse or multifamily residential building with four or fewer residential units. [2023 c.577 �1; 2023 c.577 �2]

�� Note: 283.410 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MASTER ASBESTOS MANAGEMENT PLAN

�� 283.415 Legislative findings; policy. The Legislative Assembly finds and declares that:

�� (1) Asbestos has been found to be a human carcinogen. There is no known safe level for human exposure to asbestos. Ailments caused by asbestos can become manifest many years after exposure.

�� (2) In a decayed or damaged state, asbestos can pose a health risk to employees, adults in custody, patients or residents of state institutions. This state does not know where asbestos-containing materials exist in its buildings nor in what condition those materials are to be found.

�� (3) It is the goal of the Legislative Assembly to assure that state facilities are safely maintained and operated. It is, therefore, the policy of the Legislative Assembly that:

�� (a) A Master Asbestos Management Plan be developed that will assure orderly well-reasoned asbestos control and abatement.

�� (b) As any conditions of immediate hazard to health become known, they be acted on promptly in accordance with the Master Asbestos Management Plan.

�� (c) The plan include standards for employee awareness and training.

�� (d) The Oregon Department of Administrative Services be the agency to develop and centrally manage the plan for this state.

�� (e) Each agency cooperate fully in carrying out the plan.

�� (f) The State of Oregon engage in a long-term commitment to control the asbestos hazard in state facilities through control and abatement. [1989 c.1037 �1; 2019 c.213 �128]

�� Note: 283.415 to 283.425 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 283.417 Definitions for ORS 283.415 to 283.425. As used in ORS 283.415 to 283.425, unless the context requires otherwise:

�� (1) �Agency� means each branch, institution, department, board or commission of the state which owns, leases or operates facilities capable of containing asbestos.

�� (2) �Asbestos abatement� means measures to control fiber release from asbestos-containing materials, including its removal, encapsulation and enclosure.

�� (3) �Department� means the Oregon Department of Administrative Services. [1989 c.1037 �2; 1993 c.500 �42]

�� Note: See note under 283.415.

�� 283.419 Department to develop and administer asbestos abatement standards, plans and procedures. The Oregon Department of Administrative Services shall develop and administer standards, plans and procedures for the abatement of asbestos by all agencies in all state-owned, leased or operated facilities. Standards, plans and procedures include development of:

�� (1) A survey of all state-owned, leased or operated facilities to identify the presence, nature and condition of or the absence of asbestos-containing materials in each one.

�� (2) An establishment of priorities of facilities for abatement in order of the nature or extent of asbestos exposure they present.

�� (3) Specifications and standards for acceptable asbestos abatement practices, projects and materials management.

�� (4) A checklist to guide and advise agency investigation, planning and implementation of asbestos abatement.

�� (5) Standard bid specifications, criteria for awarding bids and contract language for asbestos related contracts.

�� (6) A state government emergency response plan to deal with any facilities presenting extreme and immediate risk.

�� (7) Employee awareness, training and worker protection plans.

�� (8) Such other standards, plans and procedures as the department may require for the safe and economical abatement of asbestos by agencies. [1989 c.1037 �3; 2005 c.22 �202]

Note: See note under 283.415.

�� 283.421 Agency responsibility for abatement of asbestos. Each agency shall take the necessary steps for abatement of asbestos in its facilities in conformance with the standards, plans and procedures approved by the Oregon Department of Administrative Services. Those steps shall include:

�� (1) Making inspections and providing information as requested by the department.

�� (2) Scheduling its structures for necessary abatement consistent with the department�s priorities.

�� (3) Contracting for or performing any necessary abatement in accordance with department standards, plans and procedures for abatement.

�� (4) Training appropriate agency employees to recognize and work safely with asbestos-containing materials to comply with applicable regulations of the Department of Consumer and Business Services and Department of Environmental Quality. [1989 c.1037 �4; 1993 c.744 �224]

�� Note: See note under 283.415.

�� 283.423 Expenses of department. The expenses of the Oregon Department of Administrative Services, as approved by the Legislative Assembly or the Emergency Board, for developing and administering the state�s plans for asbestos abatement and for property damage recovery litigation by the Department of Justice, unless the Legislative Assembly or the Emergency Board provides otherwise, shall be paid by assessment against the agencies owning, leasing or operating facilities based on square footage of affected buildings and lineal footage of affected tunnels. [1989 c.1037 �5]

�� Note: See note under 283.415.

�� 283.425 Costs of litigation. The costs of asbestos property damage recovery litigation incurred by the Department of Justice shall be charged to the Oregon Department of Administrative Services pursuant to ORS 180.160 and 180.170. [1989 c.1037 �6]

�� Note: See note under 283.415.

�� 283.500 [1995 c.634 �1; renumbered

ORS 284.375

284.375.

�� (2) Subject to legislative appropriations, the State of Oregon recognizes a continuing obligation to contribute to the support of the Oregon Film and Video Office. The State of Oregon recognizes that a continued financial partnership with the office is essential to the growth of the film and video industries. [1995 c.242 ��2,11]

�� 284.310 [1985 c.776 �2; 1987 c.757 �1; 1989 c.537 �1; 1989 c.547 �4; 1989 c.833 �79; 1991 c.11 �14; 1991 c.687 �1; renumbered 285.700 in 1991]

�� 284.315 Film and Video Board; appointment; qualifications; term; meetings; compensation. (1) The Oregon Film and Video Office shall be governed by the Film and Video Board.

�� (2) The Film and Video Board shall consist of five members appointed by the Governor.

�� (3) The five members shall be appointed as follows:

�� (a) Two members shall be appointed from professional filmmakers, videographers or production and support service firms.

�� (b) Two members shall be from the private financial sector and shall have experience in high-risk venture investments, either with start-up companies or in commercial banking.

�� (c) One member shall be appointed from a group or firm representing emerging media technologies.

�� (4) A member of the board shall be appointed for a term of four years that begins on July 1. A member shall hold office for the term of the appointment and until a successor is appointed. However, a member may be removed from the board at the pleasure of the Governor. A member is eligible for reappointment.

�� (5) Upon expiration of the term of a member of the board, a successor shall be appointed for a term of four years. In case of a vacancy for any cause, the Governor shall appoint an individual to serve the unexpired term of the member to be replaced.

�� (6) The board shall annually select one of its members to chair the board with those duties and powers that the board determines are necessary to perform the functions of the office.

�� (7) A majority of the members of the board constitutes a quorum for the transaction of business.

�� (8) The board shall meet at least once in each calendar quarter at a time and place to be determined by the chairperson of the board. All meetings of the board shall be held in Oregon. The chairperson or any two members of the board may call a special meeting after providing written notice of the meeting to the other members at least seven days prior to the meeting.

�� (9) Members of the board are entitled to expenses as provided in ORS 292.495 (2). [1995 c.242 �3; 1997 c.632 �5]

�� 284.320 [1985 c.776 �1; 1987 c.757 �2; renumbered 285.703 in 1991]

�� 284.325 Director; appointment; powers. The Oregon Film and Video Office shall be under the administrative control of a director, who is appointed by and who holds office at the pleasure of the Film and Video Board. The board shall set the compensation of the director. The director of the office may appoint all subordinate officers and employees of the office and may prescribe their duties and fix their compensation. The director of the office may delegate to any subordinate officer or employee any administrative duty, function or power imposed upon the office by law. [1995 c.242 �5]

�� 284.330 [1985 c.776 �2a; 1987 c.757 �3; renumbered 285.705 in 1991]

�� 284.335 Duties of director; contracts; prior approval by board for certain actions; biennial report; rules. (1) Except as provided in subsection (2) of this section, when carrying out the duties, functions and powers of the Oregon Film and Video Office, the director of the office may contract with any state agency for the performance of such duties, functions and powers that the director considers appropriate.

�� (2) The director of the office may not, without the prior approval of the Film and Video Board:

�� (a) Award any contract for goods or professional services in excess of $25,000;

�� (b) Authorize any expenditure of moneys in excess of $25,000;

�� (c) Sell or otherwise dispose of real or personal property valued in excess of $25,000;

�� (d) Commence a civil legal action or proceeding;

�� (e) Sell, transfer and convey property to a buyer or lease property to a tenant;

�� (f) Borrow money and give guarantees;

�� (g) Finance, conduct or cooperate in the financing of facilities and projects to assist the film, video and emerging media industries; or

�� (h) In accordance with ORS chapter 183, adopt rules necessary for the administration of laws that the office is charged with administering.

�� (3) The Film and Video Board shall approve the lease of property to a tenant only when the sale, transfer or conveyance of the property cannot be effected with reasonable promptness or at a reasonable price.

�� (4) The Film and Video Board may not allow the director to borrow money or give guarantees under subsection (2)(f) of this section unless the indebtedness or other obligations of the office are payable solely out of its own resources and do not constitute a pledge of the full faith and credit of the State of Oregon or any of the revenues of this state.

�� (5) The office shall file with the Governor, the Legislative Assembly and the Legislative Fiscal Officer a biennial report of the activities and operations of the office. The report shall include a full and complete reporting of the financial activities and transactions of the office during the biennium, including at least the information required under ORS 284.365 (5). [1995 c.242 �9; 2011 c.630 �2]

�� 284.340 [1985 c.776 �4; 1987 c.757 �4; 1991 c.878 �6; renumbered 285.707 in 1991]

�� 284.345 Duties of office. The Oregon Film and Video Office shall:

�� (1) Assist in the development of Oregon�s indigenous film and video industry.

�� (2) Act as the primary liaison and contact on behalf of the State of Oregon for film or video production companies and personnel operating in this state.

�� (3) Provide assistance to:

�� (a) Out-of-state production companies;

�� (b) Location managers and scouts;

�� (c) Film and video production personnel on location in this state when dealing with local jurisdictions and state and federal agencies;

�� (d) The general public regarding film and video productions; and

�� (e) Local communities in attracting film and video productions.

�� (4) Coordinate with affected state and federal agencies to permit filming.

�� (5) Market and promote Oregon as a location for film or video productions.

�� (6) Promote the film and video industry in Oregon and the emerging interactive multimedia technologies and related industries in this state by:

�� (a) Developing a skilled workforce;

�� (b) Developing and managing production facilities and other related infrastructure;

�� (c) Educating the business, financial and political communities in this state concerning the positive economic and promotional effects of these industries; and

�� (d) Promoting investment in the film and video industry, including facilitating joint ventures and partnerships in the industry.

�� (7) Maintain the confidential nature of the negotiations it conducts as requested by persons doing business with the office. [1995 c.242 �6]

�� 284.350 [1985 c.776 �2b; repealed by 1987 c.757 �16]

�� 284.355 Powers of office; fees. To carry out the purposes specified in ORS 284.345, the Oregon Film and Video Office may:

�� (1) Make contracts and execute all instruments necessary or convenient for carrying out the duties of the office;

�� (2) Acquire, own, hold, dispose of and encumber real or personal property of any kind, or any interest in that property;

�� (3) Enter into agreements or other transactions involving the film, video and emerging interactive multimedia industries with any federal, state, county or municipal agency or with any person or other entity;

�� (4) Acquire real property or an interest in real property, by purchase or foreclosure, when the acquisition is necessary or appropriate to promote the film, video and emerging interactive multimedia industries;

�� (5) Appoint officers, consultants, agents and advisers, and prescribe their duties;

�� (6) Appear in its own behalf before boards, commissions, departments or other agencies of municipal or county governments, the state government or the federal government;

�� (7) Procure insurance against any losses in connection with its properties in such amounts and from such insurers as may be necessary or desirable;

�� (8) Accept any and all donations, grants, bequests and devises, conditional or otherwise, of money, property, services or other things of value, including any interest or earnings thereon, that may be received from the United States or any agency thereof, any governmental agency or any institution or person, public or private, to be held, used or applied for any or all of the purposes specified in ORS 284.345, in accordance with the terms and conditions of the grant;

�� (9) Organize, conduct, sponsor, cooperate with and assist the private sector and other state agencies in the conduct of conferences and tours relating to the film, video and emerging interactive multimedia industries;

�� (10) Provide and pay for advisory services and technical assistance that may be necessary or desirable to carry out the purposes of ORS 284.345;

�� (11) Exercise any other powers necessary for the operation and functioning of the office within the purposes authorized by ORS 284.345;

�� (12) In order to accomplish the purposes of ORS 284.300 to 284.355, expend moneys duly budgeted to pay the travel and various other expenses of film or video production company personnel;

�� (13) Charge for and receive income or revenue from any source to be used for the purposes authorized by ORS 284.345; and

�� (14) Charge fees reasonably calculated to cover the costs incurred by the office when providing services under ORS 284.300 to 284.355. [1995 c.242 �8]

�� 284.360 [1985 c.776 �5; 1987 c.168 �7; renumbered 285.710 in 1991]

�� 284.365 Deposit of office moneys in depository account; investment of moneys; payment of expenses; biennial budget; public hearing; expenditures exempt from state expenditure limitations; accounting requirements. (1) All moneys collected, received or appropriated to the Oregon Film and Video Office shall be deposited in an account established in accordance with ORS 295.001 to 295.108. Subject to approval by the chairperson, the board may invest moneys collected or received by the office. Investments made by the board are limited to the types of investments listed in ORS 294.035 (3)(a) to (i). Interest earned from any amounts invested must be made available to the office in a manner consistent with the biennial budget approved by the board.

�� (2) Subject to the approval of the director of the office, all necessary expenses of the office and the board must be paid from the moneys collected, appropriated or earned by the office.

�� (3) The office shall adopt a budget on a biennial basis using the classifications of expenditures and revenues required by ORS 291.206 (1). The budget is not subject to review and approval by the Legislative Assembly or to modification by the Emergency Board or the Legislative Assembly. However, the budget must be included in the biennial report required by ORS 284.335 (5).

�� (4) The board shall adopt a budget only after holding a public hearing on the proposed budget. At least 15 days prior to any public hearing on the proposed budget, the board shall give notice of the hearing to all persons known to be interested in the proceedings of the board and to any person who requests notice.

�� (5) All expenditures from the account established for the office under subsection (1) of this section are exempt from any state expenditure limitation. The office shall follow generally accepted accounting principles and keep such financial and statistical information that is necessary to completely and accurately disclose the financial condition and financial operations of the office as may be required by the Secretary of State. [1995 c.242 �10; 2003 c.405 �4; 2005 c.443 �19; 2007 c.871 �26; 2019 c.587 �36]

�� 284.367 Oregon Production Investment Fund; source of moneys in fund; uses of moneys. (1) The Oregon Production Investment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Production Investment Fund shall be credited to the fund.

�� (2) Moneys in the Oregon Production Investment Fund shall consist of:

�� (a) Amounts donated to the fund;

�� (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (c) Other amounts deposited in the fund from any source; and

�� (d) Interest earned by the fund.

�� (3) Eighty-seven and one-half percent of moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purposes of making:

�� (a) Reimbursements to filmmakers or local media production services companies under ORS 284.368;

�� (b) Payments to a tax credit marketer for marketing services provided by the marketer as described in ORS 284.369; and

�� (c) Refunds described in ORS 315.514 (5).

�� (4) Seven and one-half percent of moneys in the fund are continuously appropriated to the department for the purpose of making reimbursements to local filmmakers or local media production services companies under ORS 284.368 (3). Total annual reimbursements to local media production services companies under this subsection may not exceed seven and one-half percent of the moneys deposited annually in the fund. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for the purpose of making reimbursements to filmmakers or local media production services companies under ORS 284.368 (2).

�� (5) Three percent of moneys in the fund are continuously appropriated to the department for the purpose of making payments to filmmakers under ORS 284.368 (4). Total annual payments to filmmakers under this subsection may not exceed five percent of the moneys deposited annually in the fund. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for the purpose of making payments to filmmakers under this section. Any excess over five percent that remains unexpended or unallocated shall be used by the department for the purpose of making reimbursements to filmmakers or local media production services companies under ORS 284.368 (2).

�� (6) Two percent of moneys in the fund are continuously appropriated to the department for the purpose of making payments to entities under ORS 284.371. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for any purpose authorized under this section.

�� (7) Expenditures from the fund are not subject to ORS 291.232 to 291.260. [2003 c.736 �79; 2009 c.471 �2; 2011 c.730 ��14,15; 2013 c.750 �48; 2016 c.29 �6; 2022 c.75 �3]

�� 284.368 Reimbursement from fund; maximum amounts allowable; additional payment; verification of eligible expenses; rules. (1) As used in this section:

�� (a) �Actual Oregon expenses� means the costs paid in Oregon for principal photography, production or postproduction in Oregon of a film, or for media production services, including but not limited to the purchase or rental cost of equipment, food, lodging, real property and permits and payments made for salaries, wages and benefits for work in Oregon.

�� (b) �Film� means a television movie or one or more episodes of a single television series, or a movie produced for release to theaters, video or the Internet. �Film� does not include the production of a commercial or one or more segments of a newscast or sporting event.

�� (c) �Filmmaker� means a person who owns a television or film production company.

�� (d) �Local filmmaker� means a person who owns a television or film production company that has its principal place of business in this state.

�� (e) �Local media production project� means, if made or performed by a local media production services company, a single interactive video game or a portion thereof, or postproduction services for a single film.

�� (f) �Local media production services company� means a media production services company that has its principal place of business in this state.

�� (g) �Media production services� includes postproduction services and interactive video game development. �Media production services� does not include the production of a commercial or one or more segments of a newscast or sporting event.

�� (h) �Media production services company� means a person who is engaged in media production services.

�� (i) �Portland metropolitan zone� means the area within a 30-mile radius of the center of the Burnside Bridge in Portland.

�� (j) �Resident of this state� has the meaning given that term in ORS 316.027.

�� (2)(a) The Oregon Business Development Department may reimburse a filmmaker or local media production services company for a portion of the actual Oregon expenses incurred by the filmmaker or local media production services company.

�� (b) Maximum reimbursement for a single film or a single local media production project shall be the total of:

�� (A) 20 percent of payments made for employee salaries, wages and benefits for work done in Oregon; and

�� (B) 25 percent of all other actual Oregon expenses.

�� (c) Notwithstanding paragraph (b) of this subsection, maximum reimbursement for a single film may not exceed 50 percent of total moneys received by the Oregon Production Investment Fund during the biennium in which the actual Oregon expenses are incurred.

�� (d) To qualify for reimbursement under this subsection, total actual Oregon expenses for a film or a local media production project must equal or exceed $1 million.

�� (3)(a) The department may reimburse a local filmmaker or local media production services company for all or a portion of the actual Oregon expenses, up to $1 million, incurred by the local filmmaker or local media production services company.

�� (b) To qualify for reimbursement under this subsection:

�� (A) Total actual Oregon expenses paid for the film or media production services must be at least $75,000;

�� (B) The local filmmaker or local media production services company must have spent 80 percent of the film�s payroll on employees who are residents of this state; and

�� (C) The local filmmaker or local media production services company may have employed or contracted with a certified public accountant licensed by the Oregon Board of Accountancy for the provision of payroll services.

�� (4) In combination with the reimbursements allowed under subsections (2) and (3) of this section, the department may make an additional payment to a filmmaker for one of the following:

�� (a) A travel and living expenses rebate of $200 per employee per day, for any day that a film is shot entirely outside the Portland metropolitan zone, not to exceed $10,000 per day or $50,000 per film; or

�� (b) An increase of 10 percent of the amount otherwise allowable under subsections (2) and (3) of this section, if for at least six days and at least one day more than half of its total shoot days in Oregon the film is shot entirely outside the Portland metropolitan zone.

�� (5) Reimbursement under this section shall be made from moneys credited to or deposited in the Oregon Production Investment Fund during the biennium in which the actual Oregon expenses were paid or any prior biennium. A reimbursement may not be made to the extent funds are not available in the fund to make the reimbursement.

�� (6)(a) Total actual Oregon expenses supporting a claim for reimbursement under this section must be verified by the Oregon Film and Video Office. The filmmaker or local media production services company must submit to the office proof of the actual Oregon expenses. The proof must include any documentation that may be required by the office in its discretion to verify the actual Oregon expenses.

�� (b) The office may charge the filmmaker or local media production services company for costs reasonably incurred to verify the actual Oregon expenses, including but not limited to the cost for a review or audit of the supporting documentation by an accountant or auditor. The office may require the department to deduct the costs incurred by the office in performing its review or audit from any reimbursement made to the filmmaker or local media production services company under this section.

�� (c) The office may adopt rules that establish a procedure for the submission and verification of actual Oregon expenses. [2003 c.736 �80; 2007 c.815 �1; 2009 c.787 ��1,1b; 2013 c.750 �49; 2016 c.29 �7; 2022 c.82 �1; 2025 c.132 �30]

�� 284.369 Marketing. The Oregon Film and Video Office may hire or contract with a marketer to market the tax credits described in ORS 315.514 to taxpayers. [2003 c.736 �81]

�� 284.370 [1985 c.776 �6; 1987 c.168 �8; renumbered 285.713 in 1991]

�� 284.371 Creative Opportunity Program; rules; eligible projects. (1) The Oregon Film and Video Office shall develop and implement a Creative Opportunity Program to make payments to entities for the creation and funding of projects described in subsection (4) of this section that promote the film, television, interactive, animation and media industries in Oregon.

�� (2)(a) The office shall establish by rule the eligibility requirements and application process for entities seeking payments under the program.

�� (b) The rules must include, at a minimum, application forms, deadlines and any information and documents required to be included with an application, and may prescribe an application fee.

�� (3) The office may consult with local nonprofit organizations, public agencies, educational institutions, private partners, media production companies, small businesses and community organizations when reviewing and approving or rejecting applications for payments under the program.

�� (4) The creation and funding of the following projects are eligible for payments under the program:

�� (a) Grants for individuals and production projects;

�� (b) Fund matching;

�� (c) Investment in development and production;

�� (d) Mentorship programs;

�� (e) Project and talent incubation;

�� (f) Mutual aid;

�� (g) Creator and storyteller support;

�� (h) Diversity and inclusion initiatives;

�� (i) Educational programming;

�� (j) Workforce development;

�� (k) Regional production development; and

�� (L) Industry-related small business growth stimulus. [2022 c.75 �2]

�� 284.372 Diversity, equity and inclusion policy. In addition to any applicable requirements under ORS

ORS 30.300

30.300; and

�� (C) Are no larger than benefits payable under the terms of the policy as provided in subsection (7) of this section.

�� (k) �Uninsured vehicle,� except as provided in paragraph (L) of this provision, means:

�� (A) A vehicle with respect to the ownership, maintenance or use of which there is no collectible motor vehicle bodily injury liability insurance, in at least the amounts or limits prescribed for bodily injury or death under ORS 806.070 applicable at the time of the accident with respect to any person or organization legally responsible for the use of the vehicle, or with respect to which there is collectible bodily injury liability insurance applicable at the time of the accident but the insurance company writing the insurance denies coverage or the company writing the insurance becomes voluntarily or involuntarily declared bankrupt or for which a receiver is appointed or becomes insolvent. It shall be a disputable presumption that a vehicle is uninsured in the event the insured and the insurer, after reasonable efforts, fail to discover within 90 days from the date of the accident, the existence of a valid and collectible motor vehicle bodily injury liability insurance applicable at the time of the accident.

�� (B) A hit-and-run vehicle.

�� (C) A phantom vehicle.

�� (D) A stolen vehicle.

�� (E) A vehicle that is owned or operated by a self-insurer:

�� (i) That is not in compliance with ORS 806.130 (1)(c); or

�� (ii) That provides recovery to an insured in an amount that is less than the sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages for bodily injury or death that is caused by accident and that arises out of owning, maintaining or using an uninsured vehicle.

�� (L) �Uninsured vehicle� does not include:

�� (A) An insured vehicle, unless the vehicle is a stolen vehicle;

�� (B) Except as provided in paragraph (k)(E) of this subsection, a vehicle that is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law;

�� (C) A vehicle that is owned by the United States of America, Canada, a state, a political subdivision of any such government or an agency of any such government;

�� (D) A land motor vehicle or trailer, if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle;

�� (E) A farm-type tractor or equipment designed for use principally off public roads, except while actually upon public roads; or

�� (F) A vehicle owned by or furnished for the regular or frequent use of the insured or any member of the household of the insured.

�� (m) �Vehicle� means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, but does not include devices moved by human power or used exclusively upon stationary rails or tracks.

�� (3) This coverage applies only to accidents that occur on and after the effective date of the policy, during the policy period and within the United States of America, its territories or possessions, or Canada.

�� (4)(a) This coverage does not apply to bodily injury of an insured with respect to which the insured or the legal representative of the insured shall, without the written consent of the insurer, make any settlement with or prosecute to judgment any action against any person or organization who may be legally liable therefor.

�� (b) This coverage does not apply to bodily injury to an insured while occupying a vehicle, other than an insured vehicle, owned by, or furnished for the regular use of, the named insured or any relative resident in the same household, or through being struck by the vehicle.

�� (c) This coverage does not apply so as to inure directly or indirectly to the benefit of any workers� compensation carrier, any person or organization qualifying as a self-insurer under any workers� compensation or disability benefits law or any similar law or the State Accident Insurance Fund Corporation.

�� (d) This coverage does not apply with respect to underinsured motorist benefits unless:

�� (A) The limits of liability under any bodily injury liability insurance applicable at the time of the accident regarding the injured person have been exhausted by payment of judgments or settlements to the injured person or other injured persons;

�� (B) The described limits have been offered in settlement, the insurer has refused consent under paragraph (a) of this subsection and the insured protects the insurer�s right of subrogation to the claim against the tortfeasor;

�� (C) The insured gives credit to the insurer for the unrealized portion of the described liability limits as if the full limits had been received if less than the described limits have been offered in settlement, and the insurer has consented under paragraph (a) of this subsection; or

�� (D) The insured gives credit to the insurer for the unrealized portion of the described liability limits as if the full limits had been received if less than the described limits have been offered in settlement and, if the insurer has refused consent under paragraph (a) of this subsection, the insured protects the insurer�s right of subrogation to the claim against the tortfeasor.

�� (e) When seeking consent under paragraph (a) or (d) of this subsection, the insured shall allow the insurer a reasonable time in which to collect and evaluate information related to consent to the proposed offer of settlement. The insured shall provide promptly to the insurer any information that is reasonably requested by the insurer and that is within the custody and control of the insured. Consent will be presumed to be given if the insurer does not respond within a reasonable time. For purposes of this paragraph, a �reasonable time� is no more than 30 days from the insurer�s receipt of a written request for consent, unless the insured and the insurer agree otherwise.

�� (5)(a) As soon as practicable, the insured or other person making claim shall give to the insurer written proof of claim, under oath if required, including full particulars of the nature and extent of the injuries, treatment and other details entering into the determination of the amount payable hereunder. The insured and every other person making claim hereunder shall submit to examinations under oath by any person named by the insurer and subscribe the same, as often as may reasonably be required. Proof of claim shall be made upon forms furnished by the insurer unless the insurer fails to furnish the forms within 15 days after receiving notice of claim.

�� (b) Upon reasonable request of and at the expense of the insurer, the injured person shall submit to physical examinations by physicians, naturopathic physicians, physician associates or nurse practitioners selected by the insurer and shall, upon each request from the insurer, execute authorization to enable the insurer to obtain medical reports and copies of records.

�� (6) If, before the insurer makes payment of loss hereunder, the insured or the legal representative of the insured institutes any legal action for bodily injury against any person or organization legally responsible for the use of a vehicle involved in the accident, a copy of the summons and complaint or other process served in connection with the legal action shall be forwarded immediately to the insurer by the insured or the legal representative of the insured.

�� (7)(a) The limit of liability stated in the declarations as applicable to �each person� is the limit of the insurer�s liability for all damages because of bodily injury sustained by one person as the result of any one accident and, subject to the above provision respecting each person, the limit of liability stated in the declarations as applicable to �each accident� is the total limit of the company�s liability for all damages because of bodily injury sustained by two or more persons as the result of any one accident.

�� (b) Any amount payable under the terms of this coverage because of bodily injury sustained in an accident by a person who is an insured under this coverage shall be reduced by the amount paid and the present value of all amounts payable on account of the bodily injury under any workers� compensation law, disability benefits law or any similar law.

�� (c) Any amount payable under the terms of this coverage because of bodily injury sustained in an accident by a person who is an insured under this coverage shall be reduced by the credit given to the insurer pursuant to subsection (4)(d)(C) or (D) of this section.

�� (d) The amount payable under the terms of this coverage may not be reduced by the amount of liability proceeds offered, described in subsection (4)(d)(B) or (D) of this section, that has not been paid to the injured person. If liability proceeds have been offered and not paid, the amount payable under the terms of the coverage shall include the amount of liability limits offered but not accepted due to the insurer�s refusal to consent. The insured shall cooperate so as to permit the insurer to proceed by subrogation or assignment to prosecute the claim against the uninsured motorist.

�� (8) No action shall lie against the insurer unless, as a condition precedent thereto, the insured or the legal representative of the insured has fully complied with all the terms of this policy.

�� (9)(a) With respect to bodily injury to an insured:

�� (A) While occupying a vehicle owned by a named insured under this coverage, the insurance under this coverage is primary.

�� (B) While occupying a vehicle not owned by a named insured under this coverage, the insurance under this coverage shall apply only as excess insurance over any primary insurance available to the occupant that is similar to this coverage, and this excess insurance coverage shall then apply only to the sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages for bodily injury or death that is caused by accident and that arises out of owning, maintaining or using an uninsured vehicle.

�� (b) With respect to bodily injury to an insured while occupying any motor vehicle used as a public or livery conveyance, the insurance under this coverage shall apply only as excess insurance over any other insurance available to the insured that is similar to this coverage, and this excess insurance coverage shall then apply only to the amount by which the applicable limit of liability of this coverage exceeds the sum of the applicable limits of liability of all other insurance.

�� (10) If any person making claim hereunder and the insurer do not agree that the person is legally entitled to recover damages from the owner or operator of an uninsured vehicle because of bodily injury to the insured, or do not agree as to the amount of payment that may be owing under this coverage, then, in the event the insured and the insurer elect by mutual agreement at the time of the dispute to settle the matter by arbitration, the arbitration shall take place as described in ORS 742.505. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof, provided, however, that the costs to the insured of the arbitration proceeding do not exceed $100 and that all other costs of arbitration are borne by the insurer. �Costs� as used in this provision does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. The person and the insurer each agree to consider themselves bound and to be bound by any award made by the arbitrators pursuant to this coverage in the event of such election. At the election of the insured, the arbitration shall be held:

�� (a) In the county and state of residence of the insured;

�� (b) In the county and state where the insured�s cause of action against the uninsured motorist arose; or

�� (c) At any other place mutually agreed upon by the insured and the insurer.

�� (11) In the event of payment to any person under this coverage:

�� (a) The insurer shall be entitled to the extent of the payment to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of the person against any uninsured motorist legally responsible for the bodily injury because of which payment is made;

�� (b) The person shall hold in trust for the benefit of the insurer all rights of recovery that the person shall have against such other uninsured person or organization because of the damages that are the subject of claim made under this coverage, but only to the extent that the claim is made or paid herein;

�� (c) If the insured is injured by the joint or concurrent act or acts of two or more persons, one or more of whom is uninsured, the insured shall have the election to receive from the insurer any payment to which the insured would be entitled under this coverage by reason of the act or acts of the uninsured motorist, or the insured may, with the written consent of the insurer, proceed with legal action against any or all persons claimed to be liable to the insured for the injuries. If the insured elects to receive payment from the insurer under this coverage, then the insured shall hold in trust for the benefit of the insurer all rights of recovery the insured shall have against any other person, firm or organization because of the damages that are the subject of claim made under this coverage, but only to the extent of the actual payment made by the insurer;

�� (d) The person shall do whatever is proper to secure and shall do nothing after loss to prejudice such rights;

�� (e) If requested in writing by the insurer, the person shall take, through any representative not in conflict in interest with the person, designated by the insurer, such action as may be necessary or appropriate to recover payment as damages from such other uninsured person or organization, such action to be taken in the name of the person, but only to the extent of the payment made hereunder. In the event of a recovery, the insurer shall be reimbursed out of the recovery for expenses, costs and attorney fees incurred by the insurer in connection therewith; and

�� (f) The person shall execute and deliver to the insurer any instruments and papers as may be appropriate to secure the rights and obligations of the person and the insurer established by this provision.

�� (12)(a) The parties to this coverage agree that no cause of action shall accrue to the insured under this coverage unless within two years from the date of the accident:

�� (A) Agreement as to the amount due under the policy has been concluded;

�� (B) The insured or the insurer has formally instituted arbitration proceedings;

�� (C) The insured has filed an action against the insurer; or

�� (D) Suit for bodily injury has been filed against the uninsured motorist and, within two years from the date of settlement or final judgment against the uninsured motorist, the insured has formally instituted arbitration proceedings or filed an action against the insurer.

�� (b) For purposes of this subsection:

�� (A) �Date of settlement� means the date on which a written settlement agreement or release is signed by an insured or, in the absence of these documents, the date on which the insured or the attorney for the insured receives payment of any sum required by the settlement agreement. An advance payment as defined in ORS

ORS 307.990

307.990�� Penalties

GENERAL PROVISIONS

�� 307.010 Definitions of �land� and �real property� for state property tax laws; timber and mineral interests. (1) As used in the property tax laws of this state:

�� (a) �Land� means land in its natural state. For purposes of assessment of property subject to assessment at assessed value under ORS 308.146, land includes any site development made to the land. As used in this paragraph, �site development� includes fill, grading, leveling, underground utilities, underground utility connections and any other elements identified by rule of the Department of Revenue.

�� (b) �Real property� includes:

�� (A) The land itself, above or under water;

�� (B) All buildings, structures, improvements, machinery, equipment or fixtures erected upon, above or affixed to the land;

�� (C) All mines, minerals, quarries and trees in, under or upon the land;

�� (D) All water rights and water powers and all other rights and privileges in any way appertaining to the land; or

�� (E) Any estate, right, title or interest whatever in the land or real property, less than the fee simple.

�� (2) Where the grantor of land has, in the instrument of conveyance, reserved or conveyed:

�� (a) Any of the timber standing upon the land, with the right to enter upon the ground and remove the timber, the ownership of the standing timber so reserved or conveyed is an interest in real property.

�� (b) The right to enter upon and use any of the surface ground necessary for the purpose of exploring, prospecting for, developing or otherwise extracting any gold, silver, iron, copper, lead, coal, petroleum, gases, oils or any other metals, minerals or mineral deposits in or upon the land, such right is an interest in real property. [Amended by 1987 c.756 �19; 1991 c.459 �37; 1997 c.541 �98; 2003 c.46 �10]

�� 307.020 Definitions of �intangible personal property� and �tangible personal property� for state property tax laws; inapplicability to centrally assessed persons. (1) As used in the property tax laws of this state, unless otherwise specifically provided:

�� (a) �Intangible personal property� or �intangibles� includes but is not limited to:

�� (A) Money at interest, bonds, notes, claims, demands and all other evidences of indebtedness, secured or unsecured, including notes, bonds or certificates secured by mortgages.

�� (B) All shares of stock in corporations, joint stock companies or associations.

�� (C) Media constituting business records, computer software, files, records of accounts, title records, surveys, designs, credit references, and data contained therein. �Media� includes, but is not limited to, paper, film, punch cards, magnetic tape and disk storage.

�� (D) Goodwill.

�� (E) Customer lists.

�� (F) Contracts and contract rights.

�� (G) Patents, trademarks and copyrights.

�� (H) Assembled labor force.

�� (I) Trade secrets.

�� (b) �Personal property� means �tangible personal property.�

�� (c) �Tangible personal property� includes but is not limited to all chattels and movables, such as boats and vessels, merchandise and stock in trade, furniture and personal effects, goods, livestock, vehicles, farming implements, movable machinery, movable tools and movable equipment.

�� (2) Subsection (1) of this section does not apply to any person, company, corporation or association covered by ORS 308.505 to 308.674. [Amended by 1959 c.82 �1; 1977 c.602 �1; 1993 c.353 �1; 1997 c.154 �27; 2005 c.94 �30]

�� 307.021 Definition of �manufactured structure� for ORS chapters 305, 307, 308, 310 and 311. As used in this chapter and ORS chapters 305, 308, 310 and 311, �manufactured structure� means:

�� (1) A manufactured dwelling as defined in ORS 446.003;

�� (2) A structure that would meet the definition of �manufactured dwelling� in ORS 446.003 except that the structure is being used for other than residential purposes;

�� (3) A prefabricated structure, as defined in ORS 455.010, that is relocatable and more than eight and one-half feet wide; and

�� (4) A recreational vehicle, as defined in ORS 174.101, that is more than eight and one-half feet wide. [2019 c.585 �15; 2019 c.585 �15a]

�� 307.022 Qualification for exemption of property of certain limited liability companies. For purposes of the property tax laws of this state, the property of a limited liability company qualifies for an exemption from ad valorem property taxation or special assessment:

�� (1) If the limited liability company is wholly owned by one or more nonprofit corporations or entities whose property is exempt from taxation under ORS 307.090;

�� (2) If the property, if held directly by each of the nonprofit corporation owners of the limited liability company, would qualify for the exemption or special assessment; and

�� (3) Only to the least extent that the property would be granted exemption or special assessment in the hands of any of the nonprofit corporation owners of the limited liability company. [2005 c.688 �2; 2017 c.445 �1]

�� 307.030 Property subject to assessment generally. (1) All real property within this state and all tangible personal property situated within this state, except as otherwise provided by law, shall be subject to assessment and taxation in equal and ratable proportion.

�� (2) Except as provided in ORS 308.505 to 308.674, intangible personal property is not subject to assessment and taxation. [Amended by 1993 c.353 �2; 1997 c.154 �28]

�� 307.032 Maximum assessed value and assessed value of partially exempt property and specially assessed property. (1) Unless determined under a provision of law governing the partial exemption that applies to the property, the maximum assessed value and assessed value of partially exempt property shall be determined as follows:

�� (a) The maximum assessed value:

�� (A) For the first tax year in which the property is partially exempt, shall equal the real market value of the property, reduced by the value of the partial exemption, multiplied by the ratio, not greater than 1.00, of the average maximum assessed value over the average real market value for the tax year of property in the same area and property class.

�� (B) For each tax year after the first tax year in which the property is subject to the same partial exemption, shall equal 103 percent of the property�s assessed value for the prior year or 100 percent of the property�s maximum assessed value under this paragraph from the prior year, whichever is greater.

�� (b) The assessed value of the property shall equal the lesser of:

�� (A) The real market value of the property reduced by the partial exemption; or

�� (B) The maximum assessed value of the property under paragraph (a) of this subsection.

�� (2) Unless determined under a provision of law governing the special assessment, the maximum assessed value subject to special assessment and the assessed value of property subject to special assessment shall be determined as follows:

�� (a) The maximum assessed value:

�� (A) For the first tax year in which the property is specially assessed, shall equal the specially assessed value of the property multiplied by the ratio, not greater than 1.00, of the average maximum assessed value over the average real market value for the tax year of property in the same area and property class.

�� (B) For each tax year after the first tax year in which property is subject to the same special assessment, shall equal 103 percent of the property�s assessed value for the prior year or 100 percent of the property�s maximum assessed value subject to special assessment from the prior year, whichever is greater.

�� (b) The assessed value of the property shall equal the lesser of:

�� (A) The specially assessed value of the property as determined under the law establishing the special assessment; or

�� (B) The property�s maximum assessed value subject to special assessment as determined under paragraph (a) of this subsection.

�� (3) As used in this section, �area� and �property class� have the meanings given those terms in ORS 308.149. [2003 c.169 �6]

�� 307.035 Publishing summary of certain exempt real property. The assessor shall list and evaluate all real properties exempt from taxation under ORS 307.090, 307.120,

ORS 308.150

308.150; 1991 c.902 �35; 2003 c.802 �27]

�� Note: See note under 223.317.

�� 223.330 [Amended by 1969 c.531 �4; repealed by 1971 c.325 �1]

�� 223.335 [Repealed by 1971 c.325 �1]

�� 223.340 [Repealed by 1971 c.325 �1]

�� 223.345 [Repealed by 1971 c.325 �1]

�� 223.350 [Repealed by 1971 c.325 �1]

�� 223.355 [Amended by 1969 c.531 �5; repealed by 1971 c.325 �1]

�� 223.360 [Repealed by 1971 c.325 �1]

�� 223.365 [Repealed by 1971 c.325 �1]

�� 223.370 [Repealed by 1971 c.325 �1]

�� 223.375 [Repealed by 1971 c.325 �1]

�� 223.380 [Repealed by 1971 c.325 �1]

�� 223.385 [Repealed by 1971 c.325 �1]

ASSESSMENTS FOR LOCAL IMPROVEMENTS

�� 223.387 Description of real property; effect of error in name of owner. In levying, collecting and enforcing assessments for local improvement, the following shall apply:

�� (1) Real property may be described by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page of any public record of the county where the description may be found, or by designation of tax lot number referring to a record kept by the assessor of descriptions of real properties of the county, which record shall constitute a public record, or in any other manner as to cause the description to be capable of being made certain. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section, or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any description of real property.

�� (2) If the owner of any land is unknown, the land may be assessed to �unknown owner,� or �unknown owners.� If the property is correctly described, no final assessment shall be invalidated by a mistake in the name of the owner of the real property assessed or by the omission of the name of the owner or the entry of a name other than that of the true owner. Where the name of the true owner, or the owner of record, of any parcel of real property is given, the final assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed of conveyance from the owner, or is such that, in a suit to enforce a contract to convey, employing such description a court of equity would hold it to be good and sufficient.

�� (3) Any description of real property which conforms substantially to the requirements of this section shall be a sufficient description in all proceedings of assessment relating or leading to a final assessment for a local improvement, foreclosure and sale of delinquent assessments, and in any other proceeding related to or connected with levying, collecting and enforcing final assessments for special benefits to the property. [1959 c.219 �1; 1965 c.282 �4; 1971 c.198 �1; 1991 c.902 �36]

�� 223.389 Procedure for making local assessments for local improvements; intergovernmental agreement to allocate jurisdiction for local improvement. (1)(a) The governing body of a local government may prescribe by ordinance or resolution the procedure to be followed in making estimated assessments and final assessments for benefits from a local improvement upon the lots that have been benefited by all or part of the local improvement, to the extent that the charter of the local government does not prescribe the method of procedure.

�� (b) If the charter of a local government specifies a method of procedure that does not comply or is not consistent with the requirements of the Oregon Constitution, the governing body of the local government may prescribe by ordinance or resolution the procedure that shall comply and be consistent with the requirements of the Oregon Constitution, and the provisions of the ordinance or resolution shall apply in lieu of the charter provisions.

�� (2)(a) This subsection applies to a local improvement proposed for an unincorporated area within an urban growth boundary.

�� (b) For purposes of subsection (1) of this section, the governing bodies of local governments in which any part of a local improvement described in paragraph (a) of this subsection is or will be located may enter into an intergovernmental agreement in accordance with ORS chapter 190 to allocate jurisdictional authority among themselves for the local improvement.

�� (c) Local improvements subject to this subsection must comply with the comprehensive plan of any city in which the local improvements are or will be located.

�� (d) The creation of a local improvement district does not change the uses of land allowed within the local improvement district.

�� (3)(a) The ordinance or resolution prescribing the procedure shall provide for adoption or enactment of an ordinance or resolution designating the local improvement as to which an assessment is contemplated, describing the boundaries of the district to be assessed. Provision shall be made for at least 10 days� notice to owners of property within the proposed district in which the local improvement is contemplated. The notice may be made by posting, by newspaper publication or by mail, or by any combination of such methods. The notice shall specify the time and place where the governing body will hear and consider objections or remonstrances to the proposed local improvement by any parties aggrieved thereby.

�� (b) If the governing body determines that the local improvement shall be made, when the estimated cost thereof is ascertained on the basis of the contract award or the departmental cost of the local government, the governing body shall determine whether the property benefited shall bear all or a portion of the cost. The recorder or other person designated by the governing body shall prepare the estimated assessment to the respective lots within the assessment district and file it in the appropriate office of the local government. Notice of the estimated assessment shall be mailed or personally delivered to the owner of each lot proposed to be assessed. The notice shall state the amounts of the estimated assessment proposed on that property and shall fix a date by which time objections shall be filed with the recorder. Any objection shall state the grounds for the objection. The governing body shall consider the objections and grounds and may adopt, correct, modify or revise the estimated assessments.

�� (c) The governing body shall determine the amount of estimated assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing to the lot from the local improvement, and shall by ordinance or resolution spread the estimated assessments. [1959 c.219 �2; 1991 c.902 �37; 2003 c.802 �28; 2025 c.140 �1]

�� 223.391 Notice of proposed assessment to owner of affected lot. If a notice is required to be sent to the owner of a lot affected by a proposed assessment, the notice shall be addressed to the owner or the owner�s agent. If the address of the owner or of the owner�s agent is unknown to the recorder, the recorder shall mail the notice addressed to the owner or the owner�s agent at the address where the property is located. Any mistake, error, omission or failure with respect to the mailing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or, if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper designated by the governing body and having general circulation within the boundaries of the local government where the property is located. [1959 c.219 �3; 1991 c.902 �38; 2003 c.802 �29]

�� 223.393 Estimated and final assessments become liens. Estimated and final assessments shall become a lien upon the property assessed from and after the passage of the ordinance or resolution spreading the same and entry in appropriate lien record of the local government. The estimated assessment lien shall continue until the time the estimated assessment becomes a final assessment. The local government may enforce collection of such assessments as provided by ORS 223.505 to 223.650. [1959 c.219 �4; 1991 c.902 �39; 2003 c.802 �30]

�� 223.395 Deficit assessments or refunds when initial assessment based on estimated cost. If the initial assessment has been made on the basis of estimated cost, and upon the completion of the work the cost is found to be greater than the estimated cost, the governing body may make a deficit assessment for the additional cost. Proposed assessments upon the respective lots within the assessment district for the proportionate share of the deficit shall be made; and notices shall be sent; opportunity for objections shall be given; such objections shall be considered; and determination of the assessment against each particular lot, block or parcel of land shall be made as in the case of the initial assessment; and the deficit assessment spread by ordinance. If assessments have been made on the basis of estimated cost, and upon completion the cost is found to be less than the estimated cost, provision shall be made for refund of the excess or overplus. [1959 c.219 �5; 1991 c.902 �40]

�� 223.396 [2009 c.753 �75; 2014 c.32 �1; renumbered 223.680 in 2015]

�� 223.397 [1959 c.219 ��6,7; repealed by 1963 c.507 �1]

�� 223.399 Powers of local government concerning assessments for local improvements. The governing body of a local government may impose additional procedural requirements. The procedural provisions of ORS 223.387 to 223.399 apply only where the charter or an ordinance of a local government does not specify otherwise and the charter or ordinance provisions comply and are consistent with the requirements of the Oregon Constitution. The charter or ordinance provisions shall apply to local improvements permitted by law. A local government may not authorize a local improvement prohibited by percentage of remonstrance or otherwise under the charter of the local government. [1959 c.219 �8; 1965 c.133 �1; 1991 c.902 �41; 2003 c.802 �31; 2017 c.17 �19]

�� 223.401 Review of assessment. Notwithstanding any of the provisions of ORS 223.387 to 223.399, owners of any property against which an assessment for local improvements has been imposed may seek a review of the assessment under the provisions of ORS 34.010 to

ORS 308.220

308.220)]

�� 308.221 [1965 c.344 �5 (308.217, 308.219 and 308.221 enacted in lieu of 308.220); 1981 c.804 �37; 1991 c.459 �93; 1997 c.541 �262; renumbered 310.147 in 1997]

�� 308.225 Boundary changes; procedure. (1) In preparing the assessment roll in any year, a county assessor shall disregard changes or proposed changes described in subsections (3), (4) and (5) of this section in the boundary lines of any taxing district levying ad valorem property taxes if the description and map showing changes or proposed changes are not filed in final approved form, in accordance with and at the time required by subsection (2) of this section.

�� (2)(a) If a boundary change is made or proposed, the person, governing body, officer, administrative agency or court that is or will be responsible for determining whether the boundary change is final shall file with the county assessor and the Department of Revenue the legal description of the change or proposed change and an accurate map showing the change or proposed change in final approved form, on or before March 31 of the assessment year to which the boundary change applies.

�� (b)(A) Except as otherwise provided in subparagraph (B) of this paragraph, the legal description of the boundary change must consist of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. Each course must be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments, or, in lieu of bearings and distances, be identified by reference to:

�� (i) Township, range, section or section subdivision lines of the United States Public Land Survey System.

�� (ii) Survey center line or right of way lines of public roads, streets or highways.

�� (iii) Ordinary high water or ordinary low water of tidal lands.

�� (iv) Right of way lines of railroads.

�� (v) Any line identified on the plat of any recorded subdivision defined in ORS 92.010.

�� (vi) Donation land claims.

�� (vii) Line of ordinary high water and line of ordinary low water of rivers and streams, as defined in ORS 274.005, or the thread of rivers and streams.

�� (B) In lieu of the requirements of subparagraph (A) of this paragraph, boundary change areas conforming to areas of the United States Public Land Survey System may be described by township, section, quarter-section or quarter-quarter section, or if the areas conform to subdivision lots and blocks, may be described by lot and block description.

�� (c) The county assessor or the department shall provide a map to the person, body, officer or agency making the filing within 14 days after the filing body notifies the assessor and department that a boundary change is being proposed. Upon receipt, the filing body shall accurately enter the boundary line on the map.

�� (d) The description and map must be filed in final approved form on or before March 31 of the assessment year to which the boundary change applies. Proposed changes must be certified to the county assessor and the department in the same manner as changes. If the taxing district is located in more than one county, the description and map shall be filed with the assessor in each county and with the department within the time provided in this subsection.

�� (3) For purposes of this section, boundary change means the change that occurs in the boundaries of a district by reason of:

�� (a) The formation of a new district;

�� (b) The consolidation or merger of two or more districts or parts thereof;

�� (c) The annexation of territory by a district;

�� (d) The withdrawal of territory from a district; or

�� (e) The dissolution of a district.

�� (4) For purposes of this section, the establishment of tax zones within a district constitutes a boundary change.

�� (5) For purposes of this section, a proposed change means a boundary change that has not become final or effective on or before March 31 and that:

�� (a) Is certain to become final or effective before July 1 of the same year; or

�� (b) Is subject to voter approval in an election held before July 1 of the same year and that becomes final or effective before July 1 of the same year.

�� (6) Each description and map filed under subsection (2) of this section shall be submitted to the Department of Revenue and approved or disapproved within 30 days of receipt.

�� (7) Within five days of its determination, the Department of Revenue shall provide notice of its approval or disapproval under subsection (6) of this section to each county assessor with whom a filing has been made and to the filing body. If the description or map is disapproved, the department shall explain what steps must be taken to correct the description or map, and shall cooperate with the filing body in helping it meet the requirements of this section, and whenever possible, the filing deadline of March 31. Corrected descriptions and maps must then be resubmitted to the department, and approved, and filed with the assessor or assessors.

�� (8) The filing of the description and map under this section is for assessment and taxation purposes only and does not affect or relate to filing for any other purpose. [Amended by 1965 c.411 �1; 1969 c.151 �1; 1973 c.501 �1; 1975 c.595 �1; 1981 c.804 �38; 1983 c.426 �1; 1991 c.459 �94; 1997 c.541 �157; 2001 c.246 �11; 2001 c.553 �8; 2010 c.29 �1; 2011 c.204 �1]

�� 308.229 [1989 c.887 �10; 1991 c.459 �95; 1993 c.703 �3; 1997 c.541 �158; repealed by 1999 c.314 �94]

�� 308.230 [Repealed by 1969 c.454 �2]

�� 308.231 Only registered appraisers to appraise real property. Appraisals of real property shall be performed by an appraiser registered under ORS 308.010. [1955 c.575 �2; 1979 c.689 �11; 1991 c.5 �23; 1991 c.459 �96]

�� 308.232 Property to be valued at 100 percent real market value and assessed at assessed value. All real or personal property within each county not exempt from ad valorem property taxation or subject to special assessment shall be valued at 100 percent of its real market value. Unless the property is subject to maximum assessed value adjustment under ORS 308.149 to 308.166, the property shall be assessed at the property�s assessed value determined under ORS 308.146. [1953 c.701 �2; 1959 c.519 �1; 1961 c.243 �1; 1967 c.293 �6; 1979 c.241 �33; 1981 c.804 �39; 1985 c.613 �8; 1991 c.459 �97; 1997 c.541 �159]

�� 308.233 Use of sales data for physical appraisal. (1) For purposes of making a physical appraisal of property for ad valorem property taxation, in arriving at the value level for the property, any sales data used shall be examined, analyzed, adjusted and otherwise utilized in such a manner that the value level determined for the property is substantially equivalent to the value level that would be determined if the sales data utilized was the same sales data, and was examined, analyzed, adjusted and otherwise utilized in the same manner as the sales data utilized in making the certified ratio study under ORS 309.200.

�� (2) The purpose of this section is to achieve equality and uniformity in assessed values between properties that are physically appraised and those that are not physically appraised, but subject to trending or indexing for the particular assessment year. [1979 c.241 �51; 1989 c.330 �15; 1991 c.459 �98; 1997 c.541 �160]

�� Note: 308.233 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 308 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 308.234 Record of last appraisal; Department of Revenue to approve methods of appraisal. The county assessors shall preserve in their respective offices records to show when each parcel of real property was last appraised. Each parcel of real property shall be appraised using a method of appraisal approved by the Department of Revenue by rule. [1955 c.575 �1; 1967 c.105 �1; 1967 c.293 �8; 1997 c.541 �161]

�� 308.235 Valuation of real property. (1) Taxable real property shall be assessed by a method which takes into consideration:

�� (a) The applicable land use plans, including current zoning and other governmental land use restrictions;

�� (b) The improvements on the land and in the surrounding country and also the use, earning power and usefulness of the improvements, and any rights or privileges attached thereto or connected therewith; and

�� (c) The quality of the soil, and the natural resources in, on or connected with the land, its conveniences to transportation lines, public roads and other local advantage of a similar or different kind.

�� (2) If land is situated within an irrigation, drainage, reclamation or other improvement district, the value of the land shall not be considered to be increased until the construction and improvement of the district have been completed to the point that water may be delivered to or removed from the land, as the case may be. [Amended by 1953 c.701 �2; 1957 c.324 �4; subsection (2) enacted as 1967 c.601 �12; 1969 c.601 �14; 1975 c.671 �1; 1981 c.804 �40]

�� 308.236 Land values to reflect presence of roads; roads not assessed; exception for certain timber roads. (1) The availability, usefulness and cost of using roads, including all roads of the owner of land or timber and all roads that the owner has the right to use, shall be taken into consideration in determining the real market value of land.

�� (2) Farm or grazing land roads and forest roads themselves, except principal exterior timber access roads, shall not be appraised, valued or assessed and they shall not be classed as improvements under ORS 308.215. The underlying land upon which roads are constructed shall be assessed if it is otherwise subject to assessment.

�� (3) As used in this section:

�� (a) �Road� includes fills, ballast, bridges, culverts, drains, surfacing and other appurtenances of a like kind commonly associated with roads but excludes railroads.

�� (b) �Principal exterior timber access roads� means those portions of high standard main-line private roads that provide access from a conversion center or public way to the exterior boundary of the principal forest area served by the road. A high standard main-line private road is a permanent road of two lanes or more that is paved or macadamized or that has a fine-gravel surface that is permanently and continuously maintained. [1963 c.230 �2; 1977 c.892 �35; 1987 c.305 �7; 1989 c.1083 �8; 1991 c.459 �99; 1999 c.1078 �62; 2003 c.46 �16; 2003 c.621 �80]

�� 308.237 [1961 c.695 �1; repealed by 1963 c.577 �11]

�� 308.238 [1961 c.695 �2; repealed by 1963 c.577 �11]

�� 308.239 [1965 c.622 �1; 1967 c.633 �1; renumbered 308.345]

�� 308.240 Description of real property; assessment to �unknown owners�; mistake or omission in owner�s name; error in description of property. (1) Real property may be described by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page of any public record of the county where the description may be found, or in such other manner as to cause the description to be capable of being made certain. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property.

�� (2) If the owner of any land is unknown, such land may be assessed to �unknown owner,� or �unknown owners.� If the property is correctly described, no assessment shall be invalidated by a mistake in the name of the owner of the real property assessed or by the omission of the name of the owner or the entry of a name other than that of the true owner. Where the name of the true owner, or the owner of record, of any parcel of real property is given, the assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed of conveyance from the owner, or is such that, in an action to enforce a contract to convey employing such description, a court with jurisdiction to grant equitable remedies would hold it to be good and sufficient.

�� (3) Any description of real property which conforms substantially to the requirements of this section shall be a sufficient description and designation in all proceedings of assessment for taxation, levy and collection of taxes, foreclosure and sale for delinquent taxes or assessments, and in any other proceeding related to or connected with the taxation of such property. [Amended by 1957 c.324 �5; 1979 c.284 �135; 1993 c.19 �7]

�� 308.242 Assessor�s authority to change roll after September 25 limited; when changes permitted; stipulations. (1) The assessor may not make changes in the roll after September 25 of each year except as provided in subsections (2) and (3) of this section or as otherwise provided by law.

�� (2) After the assessment roll has been certified and on or before December 31, the assessor may make changes in valuation judgment that result in a reduction in the value of property, if so requested by the taxpayer or upon the assessor�s own initiative. Corrections under this section to accounts appraised by the Department of Revenue pursuant to ORS 306.126 and 308.505 to 308.674 may not be made without the approval of the department.

�� (3)(a) If a petition for reduction has been filed with the property value appeals board, the assessor may change the roll if the assessor and the petitioner stipulate to a change in valuation judgment that results in a reduction in value. The stipulation may be made at any time up until the convening of the board.

�� (b) Stipulations agreed to by the assessor and the petitioner under this subsection shall be delivered to the clerk of the board prior to the convening of the board.

�� (c) As used in this subsection, �stipulation� means a written agreement signed by the petitioner and the assessor that specifies a reduction in value to be made to the assessment and tax roll.

�� (4) Any change in value made under subsection (2) or (3) of this section shall be made in the manner specified in ORS 311.205 and 311.216 to 311.232. [1957 c.324 �7; 1981 c.804 �40a; 1983 s.s. c.5 �4; 1991 c.459 �100; 1993 c.270 �27; 1997 c.541 �162; 2001 c.423 �1; 2003 c.36 �1; 2007 c.590 �1; 2023 c.29 �12]

�� 308.245 Maps; taxpayers� index. (1) The assessor of each county shall maintain a set of maps upon which are outlined the boundaries of each land parcel subject to separate assessment within the county, with the parcel�s tax lot or account number shown on the parcel. In addition, the assessor may show on the maps the code area boundaries and the assigned code area numbers.

�� (2) The assessor shall also make a diagram or drawing of all property within the county of the assessor submitted to the provisions of ORS 100.005 to 100.910, and shall note thereon the assigned account or tax lot number.

�� (3) The assessor shall maintain an index of the names of every taxpayer against whom any tax is charged in the county, in alphabetical order with reference to the first three letters of the surname of taxpayers who have surnames, and of the first names of any others. The index shall be indexed to the assessment rolls and the place therein where the assessment of such taxpayer is found.

�� (4) The maps and the index provided for in this section shall be public records. [Amended by 1963 c.541 �44; 1965 c.344 �7]

�� 308.250 Valuation and assessment of personal property; property not subject to taxation in certain cases; annual notice authorized; form attesting no change in property; indexing. (1) All personal property not exempt from ad valorem taxation or subject to special assessment shall be valued at 100 percent of its real market value, as of January 1, at 1:00 a.m. and shall be assessed at its assessed value determined as provided in ORS 308.146.

�� (2) Notwithstanding subsection (1) of this section:

�� (a) If the total assessed value of all taxable personal property of any taxpayer assessable in any county that is required to be reported under ORS 308.290, and of all residential floating structures of the taxpayer assessable in the county that are not required to be reported under ORS 308.290 (1)(b)(C), is less than $12,500 in any assessment year, the property is not subject to ad valorem property taxation for that year.

�� (b) Manufactured structures of a taxpayer are not subject to ad valorem property taxation for any assessment year in which, in a county with a population of more than 340,000 but less than or equal to 570,000, the total assessed value of all manufactured structures taxable as personal property under ORS 308.875 of the taxpayer is less than $12,500.

�� (3)(a) Notwithstanding subsection (1) of this section, manufactured structures of a taxpayer are not subject to ad valorem property taxation for any assessment year in which, in a county with a population of more than 570,000, the total assessed value of all manufactured structures taxable as personal property under ORS 308.875 of the taxpayer is less than:

�� (A) $25,000; or

�� (B) A maximum dollar amount of $25,000 or more, if adopted by the governing body of the county for the assessment year.

�� (b) Notwithstanding subsection (1) of this section, the governing body of a county with a population of more than 570,000 may grant a partial exemption for all manufactured structures taxable as personal property in a dollar amount adopted by the county. The dollar amount shall be subtracted from the total assessed value of the property.

�� (c) The governing body of a county that adopts a dollar amount under paragraph (a)(B) or (b) of this subsection must notify the county assessor on or before January 1 of the assessment year for which the county first intends the dollar amount to apply.

�� (4)(a) On or around January 1 of each year, the county assessor may provide notice to each taxpayer whose taxable personal property is not subject to ad valorem property taxation for the current property tax year under subsection (2)(a) of this section.

�� (b) Notice provided under this subsection shall:

�� (A) State that the taxpayer�s personal property is not subject to ad valorem property taxation for the current property tax year.

�� (B) Include a form prescribed by the Department of Revenue by rule on which the taxpayer may attest by signing the form that the taxpayer has not added or deleted any taxable personal property since the prior assessment year.

�� (C) State that, if the taxpayer has added or deleted personal property since the prior assessment year, the taxpayer is required to submit to the county assessor a signed business personal property return with an updated asset detail list on or before March 15.

�� (c) A signed form returned to the county assessor within the time required under ORS 308.290 shall be sufficient to make the taxable personal property of the taxpayer identified in the notice not subject to ad valorem property taxation for the subsequent property tax year.

�� (5)(a) For each tax year beginning on or after July 1, 2003, the Department of Revenue shall recompute the maximum amount of the assessed value of taxable personal property in subsections (2)(a) and (b) and (3)(a)(A) and (B) of this section as follows:

�� (A) Divide the average Consumer Price Index for All Urban Consumers, West Region, for the prior calendar year by the average U.S. City Average Consumer Price Index for 2002.

�� (B) Recompute the maximum amount of assessed value under subsection (2)(a) or (b) of this section by multiplying $12,500 or $25,000, as applicable, by the appropriate indexing factor determined as provided in subparagraph (A) of this paragraph.

�� (b) As used in this subsection:

�� (A) �Consumer Price Index for All Urban Consumers, West Region� means 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.

�� (B) �U.S. City Average Consumer Price Index� means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (c) If any change in the maximum amount of assessed value determined under paragraph (a) of this subsection is not a multiple of $500, the increase shall be rounded to the nearest multiple of $500. [Amended by 1953 c.349 �3; 1959 c.553 �1; 1965 c.429 �3; 1971 c.529 �34; 1971 c.610 �1; 1973 c.62 �1; 1979 c.529 �3; 1979 c.692 �4; 1981 c.804 �41; 1985 c.422 �1; 1985 c.613 �9; 1991 c.459 �101; 1993 c.813 �1; 1995 c.513 �4; 1997 c.541 �163; 1997 c.819 �1; 2001 c.479 �1; 2003 c.63 �1; 2007 c.613 �2; 2010 c.69 ��1,2; 2013 c.205 �1; 2015 c.38 �2; 2015 c.217 �1; 2017 c.420 �1; 2019 c.533 �1; 2022 c.96 �3; 2023 c.172 �2]

�� 308.253 [1985 c.416 �2; 1991 c.459 �102; repealed by 2003 c.655 �143]

�� 308.255 [Amended by 1955 c.735 �7; repealed by 1957 c.342 �1 (308.256 enacted in lieu of 308.110 and 308.255)]

�� 308.256 Assessment, taxation and exemption of watercraft and materials of shipyards, ship repair facilities and offshore drilling rigs. (1) Watercraft of water transportation companies shall be assessed as provided in ORS 308.505 to

ORS 311.425

311.425, 311.455, 311.650, 311.655 and ORS chapter 312 relating to foreclosure of real and personal property tax liens.

�� (n) ORS 409.800 to 409.816 and 409.900 relating to long term care facility assessments.

�� (o) ORS chapter 657B relating to family and medical leave insurance benefits and contributions.

�� (2) The tax court and the circuit courts shall have concurrent jurisdiction to try actions or suits to determine:

�� (a) The priority of property tax liens in relation to other liens.

�� (b) The validity of any deed, conveyance, transfer or assignment of real or personal property under ORS 95.060 and 95.070 (1983 Replacement Part) or 95.200 to 95.310 where the Department of Revenue has or claims a lien or other interest in the property.

�� (3) Subject only to the provisions of ORS 305.445 relating to judicial review by the Supreme Court, the tax court shall be the sole, exclusive and final judicial authority for the hearing and determination of all questions of law and fact arising under any tax law of a local government that is imposed upon or measured by net income or taxes or fees that are reported on the same return as a tax imposed on or measured by net income. The tax court does not have jurisdiction to review determinations of a local government relating to the collection, enforcement, administration or distribution of a tax described in this subsection.

�� (4)(a)(A) The regular division of the tax court and the circuit courts shall have concurrent jurisdiction for the hearing and determination of all questions of law and fact arising under any tax law of a local government not described in subsection (3) of this section.

�� (B) For purposes of this subsection, tax laws of a local government not described in subsection (3) of this section include, but are not limited to, taxes authorized by ORS chapter 221 and laws of a local government imposing a tax on wages or net earnings from self-employment, on the sale or use of goods or services or on the transfer of real property.

�� (b) Notwithstanding paragraph (a) of this subsection, the tax court shall not have jurisdiction to review determinations of a local government relating to the collection, enforcement, administration or distribution of a tax described in this subsection.

�� (c)(A) The presiding judge of a circuit court may order a case described in paragraph (a) of this subsection to be transferred to the judge of the tax court upon motion of any party or on the court�s own motion and the judge of the tax court may order such a case to be transferred to a circuit court upon motion of any party or on the court�s own motion.

�� (B) Lack of subject matter jurisdiction in the court transferring the case shall not be grounds for dismissal in the other court.

�� (d) For purposes of this subsection, the commencement of an action in the magistrate division of the tax court, or the transfer of a case to the magistrate division, is not grounds for dismissal and the judge of the tax court shall specially designate any such case for hearing in the regular division as provided in ORS 305.501 (1).

�� (e) For purposes of any limitation on the time for commencement of an action described in this subsection, the date of filing shall be the first date on which the action is filed in a circuit court or in either division of the tax court.

�� (f) Notwithstanding ORS 305.425 or other law, for actions described in this subsection, only those remedies available in a circuit court shall be available in the tax court, including but not limited to, writ of review or mandamus under ORS chapter 34 and declaratory judgment under ORS chapter 28.

�� (g) Proceedings in the tax court under this subsection shall be without a jury and appeal from the tax court shall be to the Supreme Court under ORS 305.445.

�� (5) Subject only to the provisions of ORS 305.445 relating to judicial review by the Supreme Court, the tax court shall be the sole, exclusive and final judicial authority for the hearing and determination of all questions of law and fact concerning the authorized uses of the proceeds of bonded indebtedness described in Article XI, section 11 (11)(d), of the Oregon Constitution.

�� (6) Except as permitted under Article VII (Amended), section 2, of the Oregon Constitution, this section and ORS 305.445, no person shall contest, in any action, suit or proceeding in the circuit court or any other court, any matter within the jurisdiction of the tax court. [1961 c.533 �12; 1965 c.6 �2; 1967 c.359 �688; 1969 c.48 �1; 1971 c.567 �14; 1975 c.365 �1; 1977 c.407 �1; 1985 c.149 �5; 1985 c.664 �18; 2003 c.195 �18; 2003 c.604 �100; 2007 c.780 �29; 2013 c.85 �2; 2013 c.781 �26; 2023 c.9 �18; 2023 c.292 �15; 2023 c.313 �2; 2024 c.52 �36]

�� 305.412 Jurisdiction to determine value. When the determination of real market value or the correct valuation of any property subject to special assessment is an issue before the tax court, the court has jurisdiction to determine the real market value or correct valuation on the basis of the evidence before the court, without regard to the values pleaded by the parties. [2005 c.224 �2]

�� Note: 305.412 was added to and made a part of 305.404 to 305.560 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 305.414 Standing of association or organization. Notwithstanding ORS 305.570 (1)(b), an association or organization has standing to seek declaratory relief in the Oregon Tax Court if:

�� (1) One or more members of the association or organization is adversely affected or aggrieved by the subject of the requested declaration;

�� (2) The interests that the association or organization seeks to protect are germane to the purpose of the association or organization; and

�� (3) The nature of the claim and the relief requested do not require that the members of the association or organization who are adversely affected or aggrieved participate in the proceedings in the Oregon Tax Court. [2025 c.250 �1]

�� Note: 305.414 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 305 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 305.415 Service of papers and process. Except as otherwise provided in ORS 305.404 to 305.560, the mailing by registered or certified mail of any pleading, decision, order, notice or process, other than a subpoena, in respect to proceedings before the court shall be sufficient service thereof. [1961 c.533 �25]

�� 305.418 When transmitted complaint or petition considered to be filed. (1) As used in this section, �private express carrier� has the meaning given that term in ORS 293.660.

�� (2) Any complaint or petition that is required by law to be filed with the Oregon Tax Court, that is otherwise sufficient for filing and that is:

�� (a) Transmitted through the United States mail or a private express carrier, shall be deemed filed on the date that it was deposited in the United States mail or dispatched via a private express carrier, as shown by a post-office cancellation mark or by any other record from the United States Postal Service or a private express carrier showing the date that the appealing party initiated mailing or dispatch.

�� (b) Lost in transmission through the United States mail or a private express carrier, shall be deemed filed on the date it was deposited in the United States mail or dispatched via a private express carrier if the appealing party:

�� (A) Can establish by evidence satisfactory to the tax court that the complaint or petition was deposited in the United States mail or dispatched via a private express carrier and was addressed correctly to the court; and

�� (B) Files with the court a duplicate of the lost complaint or petition within 90 days after it was deposited in the United States mail or dispatched via a private express carrier. [1975 c.381 �2; 1979 c.689 �3; 1993 c.612 �3; 2005 c.225 �3; 2019 c.376 �1]

�� 305.419 Tax, penalty and interest payable before appeal; dispute as to nature of tax; how determined; waiver; refund. (1) Except as provided in subsection (3) of this section, in any appeal from an order, act, omission or determination of the Department of Revenue involving a deficiency of taxes imposed upon or measured by net income, the tax assessed, and all penalties and interest due, shall be paid to the department on or before the filing of a complaint with the regular division of the Oregon Tax Court under ORS 305.560 or within 30 days after entry of an order specially designating a complaint for hearing in the regular division under ORS 305.501. If a dispute exists as to whether the matter involves a deficiency of taxes imposed upon or measured by net income, the tax assessed and all penalties and interest shall be paid within 30 days after entry of a decision or order finding that the matter involves a deficiency of taxes imposed upon or measured by net income. The complaint shall be filed as a claim for refund.

�� (2) Penalty and interest due under subsection (1) of this section are the amounts stated in the order, notice of assessment, notice of refund denial or proposed adjustment under ORS 305.270 by the department from which the appeal is taken.

�� (3) Where payment of the tax, penalty and interest would be an undue hardship, plaintiff may file an affidavit alleging undue hardship within the time described in subsection (1) of this section. A plaintiff�s failure to file an affidavit alleging hardship is not grounds for dismissal of the complaint, provided the plaintiff files the affidavit within 30 days after receiving notice of lack of an affidavit alleging undue hardship from the court. If the tax court finds undue hardship, the tax court judge may stay all or any part of the payment of tax, penalty and interest required under subsection (1) of this section. If the tax court judge finds no undue hardship, the tax court judge may grant the plaintiff up to 30 days from the date of determination to pay the tax, penalty and interest. Failure by the plaintiff to pay the tax, penalty and interest or to establish undue hardship will be cause for dismissing the complaint.

�� (4) If, in any appeal to the Oregon Tax Court for which payment of tax, penalty and interest assessed is required before filing of a complaint, the tax court orders that all or any part of the amount paid be refunded by the department, the amount so ordered to be refunded shall bear interest at the rate established for refunds in ORS 305.220. Interest shall be computed from the date of payment to the department. [1982 s.s.1 c.29 ��2, 3; 1985 c.407 �1; 1995 c.650 �17; 1997 c.872 �19; 2015 c.45 �1]

�� 305.420 Issuance of subpoenas; administration of oaths; depositions. (1) The judge, a magistrate or the clerk of the tax court, on the request of any party to the proceeding, or the attorney of the party, shall issue subpoenas requiring the attendance of and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of any returns, books, papers, documents, correspondence and other evidence pertaining to the matter under inquiry at any designated place of hearing in the manner prescribed by law in civil actions in courts of this state.

�� (2) Any employee of the court designated in writing for the purpose by the judge may administer oaths.

�� (3) Any party to the proceeding may cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in courts of this state. To that end, the party may compel the attendance of witnesses and the production of returns, books, papers, documents, correspondence and other evidence pertaining to the matter under inquiry.

�� (4) Subject to ORS 305.390 and 305.392, subpoenas in a proceeding involving the determination of the value of an industrial plant, as defined in ORS 308.408, for purposes of ad valorem property taxation, may be issued as provided in subsection (1) of this section. However, upon petition of the person subpoenaed, the court shall make an order determining if the evidence sought by the subpoena is relevant to the pending proceeding and, if requested by the person subpoenaed, an order as required in the interests of justice to protect the confidentiality of the information subpoenaed. [1961 c.533 �17; 1963 c.304 �1; 1981 c.139 �5; 1993 c.353 �6; 1995 c.650 �18; 2003 c.46 �5; 2005 c.345 �6]

�� 305.422 Waiver of penalty for failure to timely file property return. If a penalty under ORS 308.295 or

ORS 311.806

311.806.

�� (8)(a) Upon application of the taxpayer, the assessor may waive the liability for property tax late filing penalties under this subsection if the taxpayer:

�� (A) Has never filed a personal property tax return in this state;

�� (B) Has failed to file a property tax return for one or more consecutive years;

�� (C) Has not previously received relief from property tax late filing penalties under this subsection; and

�� (D) Files an application for relief from property tax late filing penalties that satisfies the requirements of paragraph (b) of this subsection.

�� (b) An application for relief from property tax late filing penalties shall include a statement by the taxpayer setting forth the basis for relief from property tax late filing penalties and a statement under oath or affirmation that the basis for relief from property tax late filing penalties as stated in the application is true.

�� (c) The county assessor may allow the application for relief from property tax late filing penalties if the assessor finds the reasons given by the taxpayer in the application are sufficient to excuse the failure to file the property tax returns at issue in the application. If the assessor allows the application, the assessor may deny or grant relief from property tax late filing penalties in whole or in part. The determination of the assessor whether to grant the application or deny the application in whole or in part and whether to permit the taxpayer to pay the owing tax penalties, if any, in installments is final. The assessor shall notify the taxpayer of the decision.

�� (d) Nothing in this subsection affects the obligation of the taxpayer to file property tax returns or to pay property taxes owing from the current or delinquent tax years. [1997 c.819 �5; 1999 c.655 �1; 2001 c.303 �3; 2001 c.925 �14; 2003 c.63 �3; 2007 c.451 �2; 2007 c.824 �3; 2015 c.38 �4; 2023 c.29 �15]

�� 308.297 Personal property returns to note penalty for delinquency. Any personal property tax return form given to a taxpayer by an assessor or the Department of Revenue shall contain within it a printed notice, or be accompanied by a printed notice, of the penalty, for delinquency in filing a personal property tax return. [1967 c.405 �2; 1985 c.604 �7]

�� 308.300 Penalty for neglecting to file real property or combined return with intent to evade taxation. (1) Except as provided in subsection (2) of this section, any person, managing agent or officer who, with intent to evade taxation, refuses or neglects to make any return required by ORS 308.290 and to file it with the assessor or the Department of Revenue within the time specified shall be subject to a penalty of $10 for each day of the continuance of such refusal or neglect. Such penalty may be recovered in a proper action brought in the name of the county in any court of competent jurisdiction or as provided for a penalty for delinquency.

�� (2) This section does not apply to the failure to file a personal property return. [Amended by 1991 c.459 �109; 1997 c.819 �7; 2015 c.38 �5]

�� 308.302 Disposition of penalties. All penalties collected pursuant to ORS 308.030, 308.295, 308.296 or 308.300 shall be credited to the general fund of the county. [1953 c.49 �2; 1977 c.884 �31; 1999 c.655 �4]

�� 308.305 [Repealed by 1955 c.610 �1]

�� 308.309 [1955 c.488 �1; 1957 c.541 �1; 1959 c.81 �1; renumbered 321.955]

�� 308.310 When list of persons issued electrical permits supplied. The Electrical and Elevator Board in the Department of Consumer and Business Services shall furnish any county assessor upon request a complete list of those persons who have been issued electrical permits in such county within one year of the date of the request, together with the location of the electrical installations requested thereby. The board shall have 30 days to prepare the list after the board has received the request. [Amended by 1983 c.740 �88; 1987 c.414 �149; 1993 c.744 �107]

�� 308.315 [Repealed by 1955 c.610 �1]

�� 308.316 Examining witnesses, books and records; reference of matter to department upon failure to produce records or testify. (1) The county assessor, for the purpose of ascertaining the correctness of any assessment or for the purpose of making any assessment, and the officer having possession of the roll, for the purpose of discovering any omitted value or property under ORS 311.216 to 311.232, may examine or cause to be examined by any agent or representative designated by the assessor or officer any books, papers, records or memoranda bearing on the value, possession, ownership or location of any property, and may require the attendance of the taxpayer or any other person having knowledge in the premises. The assessor may administer oaths to such persons, take their testimony, and require proof material to the information requested. Examination shall be made and testimony taken during regular business hours at the taxpayer�s or person�s place of business in the county, or at another place convenient to the parties.

�� (2) If any person fails to permit the examination of any books, papers or documents considered by the assessor to be pertinent to the investigation or inquiry being made, or to testify to any matter in the premises, the assessor shall refer the matter to the Department of Revenue, stating in full the facts governing the request and refusal. The department may require the assessor to present additional facts, or the department may conduct other inquiries necessary to a consideration of the matter. If the department finds that the examination should be made or the testimony taken, it shall take any action it considers appropriate under the powers granted to it by law, including the subpoenaing and examination of witnesses, books and papers pursuant to ORS 305.190, to the end that the property under consideration is ratably assessed according to law.

�� (3) For the purposes of this section the words �county assessor� or �assessor� mean both the county assessor and the officer described in ORS 311.216 to 311.232 having possession of the roll. [1955 c.610 �2; 1981 c.804 �51]

�� 308.320 Oath of assessor upon completion of assessment roll. (1) Every county assessor, at the time of the completion of the assessment roll, shall take and subscribe to an oath in substantially the following language and form:

State of Oregon�� )

�� )�� ss.

County of ______�� )

�� I, _____, being the duly elected, qualified and acting assessor of the above-named county, do solemnly swear that I have diligently and to the best of my ability assessed all property in said county, which by law I am permitted to assess; that I have not willfully or knowingly omitted to assess any person or property, or valued over its assessed value any property or class of property whatever.

�� Subscribed and sworn to before me this ___ day of _, 2_.

(Signature and title of officer)

(Official seal)

�� (2) The oath shall forthwith be filed by the assessor with the Department of Revenue with the Summaries of Assessments and Levies Report.

�� (3) No assessor shall fail to make and subscribe to the oath required by this section nor to file the oath with the Department of Revenue. [Amended by 1981 c.804 �52; 1991 c.459 �110; 1997 c.541 �171]

�� 308.325 [Repealed by 2017 c.28 �1]

�� 308.330 Duty of assessor to assess properly. No assessor shall willfully or knowingly:

�� (1) Omit to assess any person or property assessable.

�� (2) Assess any property or class of property under or over its value, as provided in ORS

ORS 312.220

312.220]

�� 312.220 Judgment as evidence and estoppel. Any judgment for the sale of real property to the county, on foreclosure for delinquent taxes, is conclusive evidence of its regularity and validity in all collateral proceedings, except where the taxes have been paid or the property was not liable to assessment and taxation. The judgment is prima facie evidence that the taxes have not been paid and that the property was subject to taxation at the time it was assessed. The judgment shall estop all persons raising objections thereto, or to the title based thereon, which existed at or before the date of the judgment and could have been presented as an objection or defense to the application for the judgment. [Amended by 1961 c.718 �1; part renumbered 312.214, 312.216 and 312.218; 2003 c.576 �427]

�� 312.230 Limitations on proceedings affecting foreclosure sale; payments required with first pleading; effect as statute of prescription. (1) Every action, suit or proceeding, commenced for the purpose of determining the validity of a sale of real property on foreclosure for delinquent taxes, or to quiet title against such sale, or to remove the cloud thereof, or to recover possession of the property, shall be commenced within two years from the date of the judgment of foreclosure and sale to the county.

�� (2) Notwithstanding any other provisions of law, in every such action, suit or proceeding any person claiming to be the owner of the property, as against the county or grantee, shall pay into court with the first pleading the amount charged against the property in the judgment of foreclosure, plus the amount or amounts that would otherwise have been assessed and levied against said property as taxes from the date of the said judgment to the time of the filing of such action, suit or proceeding, together with any penalties and interest that would have accrued thereon as by statute provided. In every such action, suit or proceeding any person claiming to be the owner of the property as against any person holding title from the county, shall pay into court with the first pleading the amount charged against the property in the judgment of foreclosure, together with interest thereon at the rate of six percent per year from the date of the judgment to the date of filing the pleading.

�� (3) For all purposes this section shall be construed as a statute of prescription as well as a statute of limitation. [Amended by 1961 c.718 �2; 2003 c.576 �428; 2005 c.94 �70]

�� 312.240 Vacation of judgment; determining value of improvements by purchaser and rendering judgment therefor. Whenever the court vacates or sets aside a judgment of foreclosure with respect to any particular property, the court shall determine the value of any improvements placed on the property by the county or by any purchaser from the county, and shall give judgment therefor and collect the same from the claimant before putting the claimant in possession. [Amended by 2003 c.576 �429]

�� 312.250 Certain rights of municipal corporations not affected by ORS 312.010 to 312.120 and 312.130 to 312.240. No provision of ORS 312.010 to 312.120 and 312.130 to 312.240 shall impair or annul a right conferred upon municipal corporations by ORS 311.520 or 312.270 to 312.300.

�� 312.260 Lands acquired by county by tax foreclosure where title fraudulently concealed from owner. (1) If the title to lands acquired by any county by tax foreclosure was fraudulently concealed from the rightful owner, devisee, beneficiary, heir, creditor or other person having an interest therein, or was unlawfully obtained, held or controlled by or through fraudulent conveyance or other fraud, without knowledge on the part of such person, such person shall be entitled to a conveyance of the lands by purchase from the county by a purchase agreement provided in ORS 275.190 (1) at a price equivalent to the delinquent taxes thereon, with interest and without personal property taxes charged against the land, including lands of which the wrongdoer is owner of record or assignee of owners of record impressed with a trust for the benefit of such person or deeded or assigned to such person by the wrongdoer pursuant to any suit, action, proceeding or settlement respecting the fraudulent concealment or unlawful holding or control.

�� (2) Such person may cause to be filed with the county clerk of the county at any time while the title to any such lands is held by the county, written notice of intention to purchase the lands or any part thereof under this section, describing the lands. The notice shall be acknowledged and recorded in the deed records and a copy thereof served upon the district attorney of the county. The purchase of the land shall be completed by cash or execution of the agreement within one year from the filing of the notice or the final determination of the suit, action, or proceeding.

�� (3) This section shall not apply to or affect the title to any such lands dedicated to public use or conveyed by the county prior to the filing of the notice, but shall apply to lands sold by the county to an innocent purchaser under contract, in which case such person succeeds to the interest of the county in the contract subject to the rights of the innocent contract purchaser. [Amended by 2005 c.243 �32]

�� 312.270 Title of county purchasing property; title of purchaser on resale. (1) When a county acquires real property by foreclosure for delinquent taxes, the conveyance vests in the county title to the property, free from all liens and encumbrances except assessments levied by a municipal corporation for local improvements to the property.

�� (2) A private purchaser at resale of such property by the county acquires title free and clear of all assessments for local improvements levied by any municipal corporation. [Amended by 1997 c.805 �6]

�� 312.280 [Repealed by 1997 c.805 �7]

�� 312.290 Sale of property on which there are unpaid assessments applicable to defaulted bonds of a city or town. If a city or town has defaulted in payment of its outstanding bonds or interest thereon, or has refunded any such defaulted bonds, and real property on which there are unpaid special assessments applicable to the defaulted or refunded bonds, has been acquired by the county through foreclosure for delinquent taxes, the county court or board of county commissioners may sell such property, without notice of any kind, to the city or town on payment in cash of the total amount of all taxes levied by the state and applying to the property at the time of its conveyance to the county on foreclosure for delinquent taxes. Each such sale to a city or town shall be within the discretionary authority of the county court or board of county commissioners and shall be in addition to all other provisions of law for the resale of property acquired by a county on foreclosure for delinquent taxes. In making any such sale to a city or town, the county court or board of county commissioners shall have full authority to act for all municipal corporations, taxing districts or political subdivisions of the county interested in such taxes.

�� 312.300 Effect of irregularities and omissions on sales made pursuant to ORS 312.270 or

ORS 312.560

312.560;

�� (i) Information regarding local lawyer referral services, legal aid programs or foreclosure avoidance programs known by the county and operated by local state agencies, the Oregon State Bar or charitable nonprofit organizations that may be able to provide the owner with assistance in the foreclosure process;

�� (j) Information regarding any relief programs including but not limited to exemptions, grants or payment plans that are available to the owner; and

�� (k) A referral, in the five most commonly spoken languages in this state other than English listed by the Secretary of State pursuant to ORS 251.167, to the website of the Unclaimed Property program of the State Treasury at https://unclaimed.oregon.gov for a translation of the notice into those languages. The translated referral shall include the statement, �This is a notice about important rights related to your property.�

�� (3)(a) The notice required under this section shall be given by both certified mail and by regular first class mail and subsections (4) and (5) of this section shall apply to both mailings.

�� (b) A copy of the notice shall be posted to the county�s public website.

�� (4)(a) If the notice required under this section is to be given to an owner, the notice shall be addressed to the owner or owners, as reflected in the county records of deeds, at the true and correct address of the owner as appearing on the instrument of conveyance under ORS 93.260 or as furnished under ORS 311.555 or as otherwise ascertained by the tax collector pursuant to ORS 311.560.

�� (b) If the person or entity to whom the notice is required under subsection (1) of this section to be given is a lienholder, or person or entity other than the owner, having or appearing to have a lien or other interest in the property, the notice shall be addressed to the lienholder, person or entity at the address that the tax collector knows or after reasonable inquiry has reason to believe to be the address at which the lienholder, person or entity will most likely receive actual notice. For the convenience of the county, any lien, instrument or other document, memorandum or writing, filed on or after September 27, 1987, that creates an interest with respect to which notice is required to be given under this paragraph, shall contain:

�� (A) The address of the person or entity holding lien or other interest created by the instrument or other document, memorandum or writing; and

�� (B) The tax account number, if any, and if known, of the property subject to the lien or in which the interest is created.

�� (5) Failure of a lien, instrument or other document, memorandum or other writing to contain the address and tax account number information required under subsection (4)(b) of this section does not invalidate the lien, instrument or other document, memorandum or writing, nor shall the failure of the writing to contain the information relieve the tax collector of the duty to obtain and mail the notice required under subsection (4)(b) of this section to the address that the tax collector believes to be the address at which the lienholder, person or entity is most likely to receive actual notice.

�� (6) For purposes of subsection (4)(b) of this section, if the lienholder is a corporation or a limited partnership, the tax collector shall be considered to have made reasonable inquiry if the notice is mailed to the registered agent or last registered office of the corporation or limited partnership, if any, as shown by the records on file in the office of the Corporation Commissioner, or if the corporation or limited partnership is not authorized to transact business in this state, to the principal office or place of business of the corporation or limited partnership.

�� (7)(a) As used in this section, �records of the county� means the following:

�� (A) The grantor-grantee indexes.

�� (B) Other records of deeds, mortgages, powers of attorney, contracts and other instruments, documents or memorandum of conveyance or otherwise of real property that are described in ORS 205.130 (1) and (2).

�� (C) The County Clerk Lien Record described in ORS 205.130 (3).

�� (D) Records of federal tax liens and other liens, instruments or other documents or writings reflecting an interest in real property described in ORS 205.246, if those records are kept separately from the records described in paragraph (b) of this subsection.

�� (E) Records of statutory liens on real property described in ORS 87.372.

�� (F) Any other records of interests in real property required to be kept by the county clerk, if the records contain a legal description of the property and an address specifically designated as indicated on the instrument, document or other memorandum or writing for purposes of mailing the notice required by this section.

�� (b) For purposes of this section, �records of the county� includes:

�� (A) The appropriate records of the courts described in ORS 7.010 in the custody of the clerk of the appropriate court or court administrator under ORS 7.110; and

�� (B) Probate records in the custody of the clerk of the appropriate court or court administrator under ORS 7.230 and 7.240. Notwithstanding any provision to the contrary in ORS chapter 7 or other law, the clerk of the appropriate court or the court administrator shall make available to and assist the tax collector in the examination of the records described in this paragraph for purposes of carrying out the obligations of the tax collector under this section without charge. [1987 c.311 �2; 1989 c.628 �1; 2003 c.576 �422; 2009 c.33 �11; 2025 c.475 �2]

�� 312.130 Release of claims of county by redemption; entries by tax collector; certificate of redemption. The receipt of redemption money by the tax collector shall operate to release all claims of the county, under the judgment of foreclosure, to the property so redeemed. The tax collector, on receipt of the redemption money, immediately shall make the proper entries in the records of the office of the tax collector showing that the delinquent taxes, interest and penalty have been paid and that the property has been redeemed from the sale to the county, and the tax collector shall deliver to the person redeeming the property a certificate of redemption. The certificate shall contain a description of the property so redeemed, the total amount of taxes, interest and penalty paid, and the date of entry of the judgment of foreclosure. The certificate shall be signed by the tax collector or deputy and shall be filed by the redemptioner with the clerk of the court that issued the judgment of foreclosure. The clerk then shall enter the filing of the certificate of redemption in the court register and thereafter file the certificate of redemption as part of the case file in the foreclosure proceeding. No fee shall be charged for the issuance of a certificate of redemption. [Amended by 1989 c.411 �3; 1991 c.111 �18; 2003 c.576 �423]

�� 312.140 Notice of foreclosure list to lienholder. (1) A mortgagee or other holder of a recorded lien on real property may file with the tax collector a request that notice of any foreclosure list including the real property be given to the mortgagee or other lienholder. The request shall contain the name and address of the person filing it, the description of the property and the name of the owner or reputed owner thereof, and the date of expiration of the mortgage or lien. Notice need not be given after expiration of the mortgage or lien, unless a further request therefor is filed. If the mortgagee or lienholder furnishes a duplicate form of request for the notice, the tax collector shall certify thereon to the filing and return the duplicate to the person making the request.

�� (2) Whenever any property described in the request for notice is included in a foreclosure list, the tax collector shall send by registered mail or by certified mail with return receipt written notice thereof to the mortgagee or other lienholder. At the time of mailing the notice the tax collector shall note that fact in the latest tax roll opposite the description of the property. The notation in the tax roll is prima facie evidence that the notice was mailed. Where the same mortgagee or lienholder has filed requests for notices on two or more properties included in a foreclosure list, one general notice may be issued covering all such properties. [Amended by 1991 c.249 �24; 1997 c.170 �50; 2001 c.753 �2]

�� 312.150 Effect of failure to give notice to lienholder when requested. If a tax collector, after receiving a request for notice of tax foreclosure as provided in ORS 312.140, fails to give the notice, the failure shall not invalidate the foreclosure, but the mortgagee�s or lienholder�s right to redeem the property shall not terminate until the expiration of 30 days after the mailing of the notice.

�� 312.160 Lienholder paying taxes or redeeming gets additional lien for amount paid. Where any property included in a foreclosure list or proceeding is removed therefrom by payment of taxes or by redemption on the part of a mortgagee or other lienholder of record, the official receipt for payment of such taxes or redemption money shall constitute an additional lien on the property to the amount specified in the receipt. The amount so paid, with interest and other lawful charges thereon, shall be collectible with and in the same manner as the amount secured by the original mortgage or lien.

�� 312.170 Municipal or other public corporation removing property from foreclosure list or proceeding or redeeming; additional lien. (1) The governing body of any municipal or other public corporation, having a lien on any real property included in a foreclosure list or proceeding, may use its funds to remove the property from the list or proceeding, or to redeem the property after judgment of foreclosure. Such corporation shall have the same right of redemption as the owner of the property.

�� (2) Where any municipal or other public corporation so removes or redeems any real property on which it claims a lien, or pays any taxes thereon, the corporation may add to its lien the amount so disbursed and cause that amount to be noted on its lien docket. The amount so disbursed shall be recoverable as part of the lien of the municipal or other public corporation. In case of foreclosure of the original lien claimed by such corporation, the amount so disbursed may be added to the original lien and recovered as part thereof.

�� (3) Any county and municipal or other public corporation may enter into a cooperative agreement to facilitate foreclosure sales for the collection of delinquent property taxes and municipal liens. [Amended by 1989 c.411 �4; 2003 c.576 �424]

�� 312.180 Possession during redemption period; forfeiture for waste. The sale of property to the county on foreclosure for delinquent taxes does not affect the former owner�s right to possession of the property during the period of redemption. However, any waste of the property, committed by the former owner or by anyone acting under permission or control of the former owner, shall work a forfeiture to the county of the right to such possession and, in addition, shall be punished as provided in ORS 312.990.

�� 312.190 General notice of expiration of redemption period. Subject to an exemption from disclosure that applies under ORS 192.345:

�� (1) Not more than 30 days nor less than 10 days prior to the expiration of the period of redemption of any real property ordered sold to the county under a judgment under ORS 312.100, the tax collector shall publish a general notice relative to the expiration of the period of redemption.

�� (2) The notice shall contain the date of the judgment, the date of expiration of the period of redemption, and warning to the effect that all the properties ordered sold under the judgment, unless sooner redeemed, will be deeded to the county immediately on expiration of the period of redemption and that every right or interest of any person in the properties will be forfeited forever to the county.

�� (3) The notice shall be published in two weekly issues of a duly designated newspaper of general circulation in the county within the period of 20 days as specified in this section. Proof of publication shall be attached to and made a part of the deed issued to the county. The published notice may be a general notice and it shall not be necessary to include therein descriptions of the several properties or the names of the respective owners. [Amended by 1975 c.780 �13; 1987 c.311 �8; 2003 c.576 �425; 2007 c.687 �6]

�� 312.200 Deed to county. The properties not redeemed within the two-year period prescribed by ORS 312.120 shall be deeded to the county by the tax collector. All rights of redemption, with respect to the real properties therein described, shall terminate on the execution of the deed to the county. No return or confirmation of the sale or deed to the county is required or necessary. [Amended by 1987 c.311 �9]

�� 312.210 Appeal. Appeal from any judgment under ORS 312.010 to 312.120 and 312.130 to 312.240, or from any final order in the proceeding, may be taken to the Court of Appeals by giving notice thereof orally in open court at the time of the judgment or final order, or by giving written notice thereof at any time within 30 days after the date of the judgment or final order. The manner of perfecting appeals to the Court of Appeals and the proceedings thereon, and the determination and disposition thereof, shall be governed by the statutes on appeals in equitable cases. [Amended by 1979 c.562 �12; 2003 c.576 �426]

�� 312.214 Public policy relating to title obtained by county by tax foreclosure. Notwithstanding any other provisions of law, for all purposes of ORS 312.214 to 312.230 it is declared to be the public policy of this state that:

�� (1) When a county has acquired or hereafter acquires real property by foreclosure for delinquent taxes, the county�s title to the property shall have the utmost stability; and

�� (2) Once real property has become or hereafter shall become subject to foreclosure for taxes, there has been imposed and there hereafter shall be imposed upon all persons owning or claiming to own, or having or claiming to have, any interest in the real property, by reason of their delinquency, a continuing duty to investigate and ascertain whether the real property did become or hereafter shall become included in tax foreclosure proceedings, regardless of any defects, jurisdictional or otherwise, that may have appeared or shall hereafter appear in the foreclosure proceedings. [Formerly part of 312.220; 1995 c.79 �152; 2005 c.94 �68]

�� 312.216 Conclusive presumptions of notice resulting from tax foreclosure. In order to accomplish and place into effect the public policy so declared in ORS 312.214, and notwithstanding any other provisions of law excepting those relating to persons under disability as provided in ORS 12.160, all persons owning or claiming to own, or having or claiming to have, any interest in any real property heretofore or hereafter subject to foreclosure for delinquent taxes indisputably and conclusively shall be deemed to have taken notice of the following:

�� (1) That any real property that they owned or claimed to own, or in which they had or claim to have had any interest, and any real property that they hereafter may own or claim to own or in which they hereafter shall have or claim any interest has been assessed and hereafter will be assessed each year;

�� (2) That the tax levied against such real property became and hereafter will become due and delinquent at a fixed time;

�� (3) That the tax became and was and hereafter will become and be a lien upon such real property;

�� (4) That if such tax was not paid or hereafter shall not be paid within the time fixed by law, the lien has been or hereafter will be enforced by foreclosure proceedings at the time and in the manner provided by law;

�� (5) That since the enactment of chapter 408, General Laws of Oregon 1919, and following its effective date (May 29, 1919), such foreclosure proceedings have been and hereafter will be proceedings in rem; and

�� (6) That by reason of their delinquency in the matter of the payment of their taxes, there has been impressed upon and there hereafter shall be impressed upon them a continuing duty to investigate and ascertain whether or not such real property has been or hereafter shall become included in tax foreclosure proceedings, regardless of any defects, jurisdictional or otherwise, that may have appeared or hereafter shall appear in such foreclosure proceedings. [Formerly part of

ORS 316.744

316.744, 317.111, 317.386, 456.594 to 456.599 and 469.631 to 469.687;

�� (b) The dwelling owner first submits to the department written permission to inspect the installations to verify that installation of energy conservation measures has been made;

�� (c) The dwelling owner presents to the lending institution a copy of the energy audit together with certification that the dwelling in question receives space heating from fuel oil or wood and a copy of the written permission to inspect submitted to the department under paragraph (b) of this subsection; and

�� (d) The dwelling owner does not receive any other state incentives for that part of the cost of the energy conservation measures to be financed by the loan.

�� (2) Any dwelling owner applying for low-interest financing under ORS 469.710 to 469.720 who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may use without obtaining a new energy audit any assistance and technical advice obtained from an energy supplier before November 1, 1981, under chapter 887, Oregon Laws 1977, or from a public utility under chapter 889, Oregon Laws 1977, including an estimate of cost for installation of weatherization materials. [1981 c.894 ��25,26; 1987 c.749 �7; 1997 c.249 �167; 2003 c.46 �53]

(Public Buildings)

�� 469.730 Declaration of purpose. It is the purpose of ORS 469.730 to 469.745 to promote voluntary measures to conserve energy in public buildings or groups of buildings constructed prior to January 1, 1978, through the adoption of energy conservation standards. [1977 c.853 �1]

�� 469.735 Definitions for ORS 469.730 to 469.745. As used in ORS 469.730 to 469.745, unless the context requires otherwise:

�� (1) �Department� means the Department of Consumer and Business Services.

�� (2) �Director� means the Director of the Department of Consumer and Business Services.

�� (3) �Public building� means any publicly or privately owned building constructed prior to January 1, 1978, including the outdoor areas adjacent thereto, which:

�� (a) Is open to and frequented by the public; or

�� (b) Serves as a place of employment. [1977 c.853 �2; 1987 c.414 �154; 1993 c.744 �114]

�� 469.740 Rules establishing energy conservation standards for public buildings; bases. In accordance with ORS chapter 183 and after consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services shall adopt rules establishing energy conservation standards for public buildings. The standards shall provide means of measuring and reducing total energy consumption and shall take into account:

�� (1) The climatic conditions of the areas in which particular buildings are located; and

�� (2) The three basic systems comprising any functioning building, which are:

�� (a) Energized systems such as those required for heating, cooling, lighting, ventilation, conveyance and business equipment operation.

�� (b) Nonenergized systems such as floors, ceilings, walls, roof and windows.

�� (c) Human systems such as maintenance, operating and management personnel, tenants and other users. [1977 c.853 �3; 1987 c.414 �154a; 1993 c.744 �115; 2009 c.567 �10]

�� 469.745 Voluntary compliance program. To provide the public with a guide for energy conservation, the Director of the State Department of Energy shall adopt a program for voluntary compliance by the public with the standard adopted by the Director of the Department of Consumer and Business Services under ORS 469.740. [1977 c.853 �4; 1987 c.414 �155]

�� 469.748 State agencies to conduct assessments of energy use and greenhouse gas emissions of state-owned buildings; planning targets in capital projects; state agency reporting. (1) As used in this section, �state agency� has the meaning given that term in ORS

ORS 321.991

321.991�� Penalty

FOREST PRODUCTS HARVEST TAX

�� 321.005 Definitions for ORS 321.005 to 321.185 and 321.560 to 321.600. As used in ORS 321.005 to 321.185 and 321.560 to 321.600, unless the context requires otherwise:

�� (1) �Consumer Price Index for All Urban Consumers, West Region (All Items)� means 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.

�� (2) �Forestland� means any land producing forest products.

�� (3) �Forest products� means products from harvested timber, but does not include products from short rotation fiber grown under agricultural conditions as described in ORS 321.267 (3) or 321.824 (3), western juniper or products from harvested western juniper.

�� (4) �Harvest� means the point at which timber that has been cut, severed, or removed for purposes of sale or use is first measured in the ordinary course of business as determined by reference to common practice in the timber industry.

�� (5) �Merchantable stand of timber� means any stand on forestlands containing living or dead timber which is being or can be harvested.

�� (6) �Owner of timber� means any individual or combination of individuals, partnership, firm, corporation or association of whatever nature holding title to harvested timber by virtue of:

�� (a) An instrument of conveyance;

�� (b) The harvesting of the timber; or

�� (c) The harvesting of the timber and payment therefor.

�� (7) �Taxes� means the taxes provided for in ORS 321.015.

�� (8) �Taxpayer� means the owner of timber at time of harvest.

�� (9) �Timber� means all logs which can be measured in board feet and other forest products as determined by department rule. [1953 c.375 �1; 1957 c.309 �3; 1961 c.726 �412; 1965 c.253 �139; 1967 c.429 �38; 1981 c.321 �9; 1983 c.539 �1; 1985 c.759 �5; 1993 c.653 �1; 1995 c.132 �1; 1999 c.631 �2; 2003 c.454 �125; 2003 c.621 �100a; 2025 c.581 �8]

�� 321.010 [Repealed by 1953 c.375 �38]

�� 321.011 Policy. The prevention and suppression of, and preparedness for, forest fires on forestlands for the preservation of forest resources and the continuous growth of timber on lands suitable therefor, are declared to be the public policy of the State of Oregon. The Legislative Assembly recognizes that:

�� (1) The forested areas situated within eastern Oregon predominate in Ponderosa pine trees and associated species, and that the forested areas situated within western Oregon predominate in Douglas fir and associated species;

�� (2) Because of this difference in species, different forest fire protection problems exist in eastern and western Oregon, and different logging conditions and circumstances in each necessitate varied forest practices in the disposal of forest slashings and debris; and

�� (3) Therefore, in order to give recognition to such differences and their effect on the accomplishment of the public policy stated in this section, certain classifications of forestlands within the State of Oregon are established by ORS 321.005 to 321.185 and 321.560 to 321.600. [1957 c.309 �2; 2005 c.94 �100; 2025 c.581 �5b]

�� 321.012 Public to share cost of suppressing forest fires. The Legislative Assembly finds that it is in the interest of the State of Oregon that the public as a whole share responsibility for protecting the forests of this state, by making funds available for suppression of fires. [1967 c.429 �60; 2025 c.581 �5c]

�� 321.015 Levy of privilege taxes upon harvest of timber for certain purposes; exclusion. (1) For the calendar years beginning January 1, 2026, and January 1, 2027, there is levied a privilege tax of 90.00 cents per thousand feet, board measure, upon taxpayers for the privilege of harvesting of all merchantable forest products harvested on forestlands. Subject to ORS 321.145, the proceeds of the tax shall be transferred as provided in ORS 321.152 (2) to the Forest Research and Experiment Account for use for the forest resource research, experimentation and studies described in ORS 526.215 and for the Forest Research Laboratory established under ORS

ORS 328.579

328.579�� Determination of tax in zones; limitations

GENERAL PROVISIONS

�� 328.001 Definitions for chapter. As used in this chapter, unless the context requires otherwise:

�� (1) �Administrative office for the county� means the administrative office of the education service district, or of any common school district that includes an entire county.

�� (2) �Impact aid revenues� means the revenues received by a school district from the federal government pursuant to 20 U.S.C. 7701 to 7714.

�� (3) �School district� includes common and union high school districts. [1965 c.100 �42; 1971 c.513 �60; 1991 c.167 �3; 2003 c.226 �5; 2003 c.343 �1]

COUNTY SCHOOL FUND

�� 328.005 County school fund; uses. (1) The governing body of each county shall create a county school fund.

�� (2) When a county governing body transfers federal forest reserve receipts under ORS 294.060 (4) subject to a condition that such moneys be used only for a purpose described in ORS 328.205 (1)(a) or (c), a school district receiving a share of such moneys may not use the moneys for any other purpose. [Amended by 1965 c.100 �43; 1965 c.491 �1; 1967 c.107 �1; 1971 c.294 �4; 1989 c.579 �2; 1997 c.821 �19; 2003 c.226 �6]

�� 328.010 [Amended by 1963 c.544 �17; 1965 c.100 �44; repealed by 1975 c.64 �1]

�� 328.015 Apportionment to districts. On the first Monday in December the executive officer of the administrative office for the county shall apportion the county school fund among the several districts in the county, in proportion to the resident average daily membership for the preceding fiscal year in each district as reported by the district to the administrative office of the county. In the case of a joint school district, the resident average daily membership reported to the administrative office of the counties comprising the district shall be prorated between the counties as the resident enrollment of the district is prorated between the counties. Any balance accruing to the fund after the December apportionment shall be apportioned in the same manner at such other times during the year as the executive officer of the administrative office may consider advisable. [Amended by 1965 c.100 �45; 1971 c.294 �5; 1975 c.770 �5]

�� 328.020 [Amended by 1963 c.544 �18; 1965 c.100 �46; repealed by 1975 c.770 �49]

�� 328.025 [Amended by 1965 c.100 �47; 1971 c.294 �6; repealed by 1975 c.770 �49]

�� 328.030 Partial apportionments. The executive officer of the administrative office for the county, upon the written request of any district school board, may make a partial apportionment to any district of any money due it at the time of making a regular apportionment under ORS 328.015, and apportion the remainder at the next regular apportionment. The county treasurer shall pay any partial apportionment made under this section. [Amended by 1963 c.544 �19; 1965 c.100 �48]

�� 328.035 [1971 c.449 �4; 1985 c.555 �15; repealed by 2001 c.36 �3]

�� 328.045 Apportionment of excess amounts; application as tax offset. Any moneys in the county school fund in excess of the amount required by law may, by order of the county governing body, be apportioned under ORS 328.015 separately from remaining county school fund moneys. Amounts separately apportioned under this section to a school district shall not be considered a budget resource under the Local Budget Law but shall be used as an offset to the school district�s tax levy. [1979 c.551 �2]

DOUGLAS COUNTY SCHOOL FUND

�� 328.105 Sources; use of interest. The proceeds of all gifts, devises and bequests made to Douglas County for common school purposes shall be set apart as a separate and irreducible school fund, to be called the Douglas County School Fund, the interest of which shall be applied to the support and maintenance of all common schools in said county.

�� 328.110 Custodian of fund. The county treasurer shall be the custodian of the Douglas County School Fund. The bond as treasurer shall include the honest and faithful performance of the duties of the county treasurer as such custodian.

�� 328.115 Loan of fund and rental of lands; disbursement of interest and rents. (1) The county treasurer shall loan the Douglas County School Fund in the manner provided by law at the best rate obtainable per annum and shall rent all lands owned by the county belonging to the fund.

�� (2) The county treasurer shall place the interest and rentals with other moneys the county receives for support of the common schools. The education service district board shall apportion and the county treasurer shall distribute the interest and rentals with, and in the same manner as, such other moneys. [Amended by 1963 c.544 �20]

�� 328.120 Board of Douglas County School Fund commissioners. The chairperson of the board of county commissioners, clerk and treasurer of Douglas County are appointed as a board of Douglas County School Fund commissioners. They shall approve all applications for loans as to title and value of security offered. The treasurer shall make no loan or lease any land until such board has given its approval. [Amended by 1963 c.386 �5]

�� 328.125 Law concerning Common School Fund to apply. The laws governing the loaning of the Common School Fund of this state, so far as applicable and not in conflict with ORS 328.105 to 328.140 shall govern the loaning of the Douglas County School Fund.

�� 328.130 Loans to be made in name of treasurer; collection of sums due. All loans shall be made in the name of the treasurer of Douglas County but for the benefit of the fund. The treasurer shall collect all sums due the fund in the manner provided by law.

�� 328.135 Fees for services of county officers; expense of making loan. No officer of Douglas County shall charge or receive fees for any service performed in regard to the fund. All expenses of making a loan shall be paid for by the applicant.

�� 328.140 Sale, rental or lease of property; disposition of proceeds. The board of Douglas County School Fund commissioners may sell and convey by deed, executed by all of said commissioners, any and all real property devised to Douglas County for common school purposes, whenever in the judgment of such board the interest of the school fund will be subserved by such sale, or may rent or lease the same when it deems best. The board may invest the proceeds of such sale as provided in ORS 328.115 to 328.135.

COMMON SCHOOL FUND FOR DISTRICT NO. 1, KLAMATH COUNTY

�� 328.155 Sources; use of interest. The proceeds of all gifts, devises and bequests made to School District No. 1, Klamath County, for common school purposes, for the use and benefit of said district shall be set apart as a separate and irreducible school fund, to be called the Common School Fund for District No. 1, Klamath County. The interest from the fund shall be applied to the support and maintenance of the common schools of said school district.

�� 328.160 Custodian of fund; bond. The clerk of Klamath County School District No. 1 shall be custodian of the Common School Fund for District No. 1, Klamath County. The bond of the clerk shall require the honest and faithful performance of the duties of the clerk as such custodian. [Amended 1989 c.171 �43]

�� 328.165 Investment and loan of fund and rental of lands; disbursement of interest and rents. (1) The board of common school fund commissioners for Klamath County School District No. 1 may invest all or part of the fund in bonds of the United States of America. With regard to any funds not so invested, the district clerk shall loan the fund in the manner provided by law at no less than four percent per annum and rent all lands owned by the district belonging to the fund.

�� (2) The interest accruing from such investments and loans and the rent of said lands, shall be placed by the clerk with other school district moneys and be distributed by the clerk with such other moneys in the manner provided by law and the order of the directors or trustees of the district.

�� 328.170 Directors as fund commissioners. The directors of School District No. 1 of Klamath County are appointed as a board of common school fund commissioners for the district to approve all applications for loans as to title and value of the security offered. The security shall be real property in Klamath County of at least double the value of the loan. The clerk of the district shall make no loan or release any security without prior board approval.

�� 328.175 Laws governing loans of Common School Fund to apply. The laws governing loaning of the Common School Fund of this state, so far as applicable and not in conflict with ORS 328.155 to 328.190 shall govern the loaning of the Common School Fund for District No. 1, Klamath County.

�� 328.180 Loans to be made in name of clerk; collection of sums due. All loans shall be made in the name of the clerk of School District No. 1 of Klamath County, but for the benefit of the fund. The clerk shall collect all sums due the fund in the manner provided by law. The principal shall be reloaned.

�� 328.185 Fees for services of clerk; expense of making loan. The clerk of the district shall not charge or receive fees for any services performed in regard to the fund. All expenses of making a loan shall be paid for by the applicant.

�� 328.190 Sale and conveyance of property; disposition of proceeds. The board of directors of School District No. 1, Klamath County, may sell and convey by deed, executed by all the members of said board of directors, any and all real property devised to the district for common school purposes, or any and all real property acquired by the district in connection with the administration of said fund, whenever in the board�s judgment the interests of the school fund will be subserved by such sale. The board shall pay over the proceeds of such sale to the clerk of the district to be invested the same as other moneys belonging to the fund.

BONDS

�� 328.205 Power to contract bonded indebtedness; use of proceeds to pay expenses of issue. (1) Common and union high school districts may contract a bonded indebtedness for any one or more of the following purposes for the district:

�� (a) To acquire, construct, reconstruct, improve, repair, equip or furnish a school building or school buildings or additions thereto;

�� (b) To fund or refund the removal or containment of asbestos substances in school buildings and for repairs made necessary by such removal or containment;

�� (c) To acquire or to improve all property, real and personal, to be used for district purposes, including school buses;

�� (d) To fund or refund outstanding indebtedness; and

�� (e) To provide for the payment of the debt.

�� (2) However, when a common or union high school district is found under ORS 327.158 not to be a standard school or when a school district is operating a conditionally standard school under ORS 327.158 (3), the school district may contract a bonded indebtedness only for the purposes enumerated in subsection (1) of this section that are approved by the Superintendent of Public Instruction pursuant to rules of the State Board of Education.

�� (3) The school district may use the proceeds received from the sale of school district bonds to pay for any costs incurred by the school district in authorizing, issuing, carrying or repaying the bonds, including, but not limited to, attorney, consultant, paying agent, trustee or other professional fees and the cost of publishing notices of bond elections, printing such bonds and advertising such bonds for sale. [Amended by 1957 c.658 �1; 1959 c.447 �1; 1965 c.100 �49; 1971 c.513 �61; 1989 c.138 �1; 1989 c.491 �13; 2001 c.169 �4; 2003 c.195 �24]

�� 328.210 Bond elections. (1) The board of directors of a common or union high school district shall call an election on a date specified in ORS 255.345 for the purpose of submitting to the electors of the district a question of contracting bonded indebtedness under ORS 328.205 when:

�� (a) A majority of the board of directors decides to call such an election; or

�� (b) A petition requesting such an election is filed with the board of directors as provided in this section.

�� (2) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 to

ORS 35.325

35.325 and 35.385 (2), whichever applies, and the prior owner of the real property has not waived the right to repurchase the real property, the condemner shall offer such property or any portion thereof, that has not been used for a public purpose within the specified period, to the prior owner or the beneficiary of the prior owner designated as provided in ORS 35.400. The condemner shall, at its expense, insure the title to any property or portion thereof conveyed or vested in the owner or beneficiary under any provision of ORS 35.385 to 35.415, free and clear of any and all encumbrances except those subject to which the condemner originally took such property.

�� (2) The prior owner or beneficiary described in subsection (1) of this section may repurchase from the condemner the real property that is subject to the right of repurchase for a price equal to the sum of the compensation and damages paid by the condemner for the real property plus interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

�� (3) If only a portion of the real property acquired by a condemner is subject to the right of repurchase under ORS 35.385 to 35.415, the prior owner or beneficiary may acquire such portion for a price equal to the sum of:

�� (a) The fair cash market value of the portion subject to the right of repurchase, as of the date of the commencement of any action subject to ORS 35.385;

�� (b) The damages for diminution in value of the remainder, if any, of the former owner�s property not so acquired, as of the date of the commencement of any action subject to ORS 35.385; and

�� (c) Interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

�� (4) The offer to repurchase only a portion of real property as provided in subsection (1) of this section and ORS 35.400 (3), shall be in writing and shall include the price for repurchase as determined by the condemner, including an itemization of the components thereof, pursuant to subsection (3) of this section. [1973 c.720 �3; 2003 c.14 �19]

�� 35.395 Change in period of use; notice; effect of failure to agree on change; review by court. (1) The period specified in an agreement or judgment as provided in ORS 35.385 may be changed as provided in this section, if the prior owner of the real property has not waived the right of repurchase and the condemner finds that it will be unable to use all or a portion of the real property for such purpose within the specified period and requires a reasonable extension of such period for the completion of its project on the real property.

�� (2) Upon a finding under subsection (1) of this section, a condemner shall notify the prior owner or designated beneficiary of the requested change in period. The condemner shall negotiate with the prior owner or beneficiary on the requested change.

�� (a) Notification under this subsection shall consist of mailing a letter by certified mail to the last address of the prior owner or the designated beneficiary of the owner as shown in the agreement or judgment whereby the real property was acquired or the address subsequently supplied by such owner or beneficiary. If no response has been received by the condemner within 60 days after receipt of notice by the owner or designated beneficiary, all the rights of the owner or designated beneficiary under ORS 35.385 to 35.415 shall be considered waived.

�� (b) If the condemner cannot locate the prior owner or the designated beneficiary of the owner at the last-known address of the owner or the designated beneficiary, notice may be effected by publication. The publication shall be made in a newspaper published in the county where the property is located, or if no newspaper is published in the county, then in a newspaper designated as being most likely to give notice to the prior owner or the beneficiary of the prior owner. The newspaper utilized shall meet the requirements of ORS 193.020. The notice shall contain the name of the public project, a general description of the location of the property, the change in purpose or extension of time desired by the condemner and a time within which the owner or the beneficiary of the owner must respond to the notice. The notice shall be published not less than once each week for four weeks. The publication of notice may be directed to one or more owners or beneficiaries affected by the same project. If no response is received by the condemner within 10 days after the date of the last publication of notice, all rights of the prior owner or designated beneficiary shall be considered waived.

�� (3) If, after negotiation, the prior owner or beneficiary and the condemner agree on the proposed change in period, the period as changed shall, for the purposes of ORS

ORS 35.625

35.625�� Procedure to ascertain compensation and damages

�� 35.010 [Repealed by 1971 c.741 �38]

LIMITATION OF CONDEMNATION POWER

�� 35.015 Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions. (1) Except as otherwise provided in this section, a public body as defined in ORS 174.109 may not condemn private real property used as a residence, business establishment, farm or forest operation if at the time of the condemnation the public body intends to convey fee title to all or a portion of the real property, or a lesser interest than fee title, to another private party.

�� (2) Subsection (1) of this section does not apply to condemnation of:

�� (a) Improved or unimproved real property that constitutes a danger to the health or safety of the community by reason of contamination, dilapidated structures, improper or insufficient water or sanitary facilities, or any combination of these factors;

�� (b) Any timber, crops, topsoil, gravel or fixtures to be removed from the real property being condemned; or

�� (c) Real property condemned for maintenance, improvement, or construction of transportation facilities, transportation systems, utility facilities or utility transmission systems.

�� (3) Subsection (1) of this section does not prohibit a public body from leasing a portion of a public facility to a privately owned business for the provision of retail services designed primarily to serve the patrons of the public facility.

�� (4) A public body as defined in ORS 174.109 may at any time publish notice that the public body intends to consider condemnation of a lot or parcel. If the public body publishes notice under this subsection, subsection (1) of this section does not apply for such time necessary to provide the public body reasonable opportunity to condemn the property, if the lot or parcel is conveyed by the owner of the lot or parcel to another private party after the notice is published, but prior to the time the property is condemned.

�� (5) Subsection (1) of this section does not affect the ability of a public body as defined in ORS 174.109 to make a conveyance of a nonpossessory interest in condemned property for the purpose of financing acquisition of the property.

�� (6) A court shall independently determine whether a taking of property complies with the requirements of this section, without deference to any determination made by the public body. If a court determines that a taking of property does not comply with the requirements of this section, the owner of the lot or parcel that is the subject of the condemnation proceeding shall be entitled to reasonable attorney fees, expenses, costs and other disbursements reasonably incurred to defend against the proposed condemnation. [2007 c.1 �2; 2009 c.11 �6]

�� 35.018 Severability. If any portion or portions of chapter 1, Oregon Laws 2007, are declared invalid by a court of competent jurisdiction, the remaining portions of chapter 1, Oregon Laws 2007, shall remain in full force and effect. [2007 c.1 �3]

�� Note: 35.018 was enacted into law but was not added to or made a part of ORS chapter 35 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

�� Note: Legislative Counsel has substituted �chapter 1, Oregon Laws 2007,� for the words �this 2006 Act� in section 3, chapter 1, Oregon Laws 2007, compiled as 35.018. 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 2007 Comparative Section Table located in Volume 22 of ORS.

�� 35.020 [Repealed by 1971 c.741 �38]

�� 35.030 [Repealed by 1971 c.741 �38]

�� 35.040 [Amended by 1967 c.479 �1; repealed by 1971 c.741 �38]

�� 35.050 [Repealed by 1971 c.741 �38]

�� 35.060 [Repealed by 1971 c.741 �38]

�� 35.070 [Amended by 1967 c.479 �2; repealed by 1971 c.741 �38]

�� 35.080 [Repealed by 1971 c.741 �38]

�� 35.085 [1967 c.479 ��4,5; repealed by 1971 c.741 �38]

�� 35.090 [Repealed by 1971 c.741 �38]

�� 35.100 [Repealed by 1971 c.741 �38]

�� 35.105 [1967 c.479 �6; repealed by 1971 c.741 �38]

�� 35.110 [Repealed by 1971 c.741 �38]

�� 35.120 [Repealed by 1971 c.741 �38]

�� 35.130 [Repealed by 1971 c.741 �38]

�� 35.140 [Repealed by 1971 c.741 �38]

PROCEDURE

�� 35.205 Short title. This chapter may be cited as the General Condemnation Procedure Act. [1971 c.741 �2]

�� 35.215 Definitions for chapter. As used in this chapter, unless the context otherwise requires:

�� (1) �Condemner� means the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof or a private corporation that has the power to exercise the right of eminent domain.

�� (2) �Owner� or �owner of the property� means the owner of property.

�� (3) �Person� means person as defined by ORS 174.100 and also includes the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof.

�� (4) �Private condemner� means a private corporation that has the power to exercise the right of eminent domain.

�� (5) �Property� means real or personal property or any interest therein of any kind or nature that is subject to condemnation.

�� (6) �Public condemner� means condemner other than private condemner. [1971 c.741 �4; 1983 c.327 �10; 2003 c.14 �18]

�� 35.220 Precondemnation entry on real property. (1) Subject to the requirements of this section, a condemner may enter upon, examine, survey, conduct tests upon and take samples from any real property that is subject to condemnation by the condemner. A condemner may not enter upon any land under the provisions of this section without first attempting to provide actual notice to the owner or occupant of the property. If the condemner has not provided actual notice, written notice must be posted in a conspicuous place where the notice is most likely to be seen. The posted notice must give the condemner�s name, address and telephone number and the purpose of the entry. A condemner may conduct tests upon or take samples from real property only with the consent of the owner or pursuant to an order entered under subsection (2) of this section. All testing and sampling must be done in conformity with applicable laws and regulations. Testing and sampling results shall be provided to the owner upon request.

�� (2) If the owner of property objects to examination or survey of the property under this section, or does not consent to the terms and conditions for testing or sampling of the property, the condemner may file a petition with the court seeking an order providing for entry upon the property and allowing such examination, survey, testing or sampling as may be requested by the condemner. The court may enter an order establishing reasonable terms and conditions for entry and for any examination, survey, testing or sampling of the property requested by the condemner. Reasonable compensation for damage or interference under subsection (3) of this section may be established in the proceeding either before or after entry is made upon the property by the condemner.

�� (3) An owner is entitled to reasonable compensation for:

�� (a) Any physical damage caused to the property by the entry upon or examination, survey, testing or sampling of the property, including any damage attributable to the diffusion of hazardous substances found on the property; and

�� (b) Any substantial interference with the property�s possession or use caused by the entry upon or examination, survey, testing or sampling of the property.

�� (4) If a condemner is required to pay compensation to an owner in a proceeding under subsection (2) of this section, and the condemner thereafter seeks condemnation of the same property, the owner is not entitled to any payment of compensation in the condemnation action that would result in the owner receiving a second recovery for the same damage or interference.

�� (5) Nothing in this section affects any liability under any other provision of law that a condemner may have to an owner or occupant of property by reason of entry upon or examination, survey, testing or sampling of property. [2003 c.477 �2]

�� 35.225 [1971 c.741 �5; repealed by 1979 c.284 �199]

�� 35.235 Agreement for compensation; status of resolution or ordinance of public condemner; status of action of private condemner; agreement effort not prerequisite. (1) Subject to ORS 758.015 and 836.050, whenever in the judgment of the condemner it is necessary to acquire property for a purpose for which the condemner is authorized by law to acquire property, the condemner shall, after first declaring by resolution or ordinance such necessity and the purpose for which it is required, attempt to agree with the owner with respect to the compensation to be paid therefor, and the damages, if any, for the taking thereof.

�� (2) The resolution or ordinance of a public condemner is presumptive evidence of the public necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

�� (3) The commencement of an action to condemn property by a private condemner creates a disputable presumption of the necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

�� (4) The question of the validity of the disputable presumptions created in subsection (3) of this section, if raised, shall be determined by the court in a summary proceeding prior to trial.

�� (5) It is not a prerequisite to the exercise of the right of eminent domain by the condemner to attempt first to agree with an owner or to allege or prove any effort to agree with such owner as to reasonable value, when such owner is at the time concealed within the state or, after reasonable effort by condemner, cannot be found within the state. [1971 c.741 �6; 1973 c.579 �1]

�� 35.245 Commencement of action; jurisdiction; parties. (1) If the condemner is unable to agree with or locate the owner of the property under ORS 35.235, then an action to condemn property may be commenced in the circuit court of the county in which the property proposed to be condemned, or the greater portion thereof, is located.

�� (2) An action may be commenced against the person in whose name the record title appears. There may be included as defendants any lessee or other person in possession and all other persons having or claiming an interest in the property. [1971 c.741 �7]

�� 35.255 Content of complaint. The complaint shall describe the property sought to be condemned and shall allege the true value of the property sought and the damage, if any, resulting from the appropriation thereof. [1971 c.741 �8; 1979 c.284 �75]

�� 35.265 Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable. (1) When a public condemner commences an action for the condemnation of property and immediate possession of the property is considered necessary by the public condemner, a fund shall be created in the amount estimated to be the just compensation for the property and placed in the hands of the treasurer of the public condemner for deposit with the clerk of the court wherein the action was commenced, for the use of the defendants in the action.

�� (2) When the public condemner is a state agency and immediate possession of property is considered necessary by the agency, the agency shall certify to such facts and authorize an advancement out of funds available to the agency of the amount estimated by the agency to be just compensation for the property. Upon such certification and authorization, a warrant shall be drawn in favor of the clerk of the court in the amount authorized.

�� (3) Upon the deposit in court by the public condemner of the estimated amount of just compensation as provided by subsections (1) and (2) of this section, no interest shall be allowed thereon in the judgment. [1971 c.741 �10; 2003 c.576 �236]

�� 35.275 Advance occupancy by private condemner; hearing; deposit or bond; effect of size of bond or deposit on amount of just compensation. (1) At any time after an action is commenced to acquire any property, a private condemner may apply to the court for an order to occupy the property to be condemned and to make use of the property for the purposes for which it is being appropriated.

�� (2) At the hearing on the motion, the court shall determine the reasons for requiring a speedy occupation. The court shall grant the motion if, giving consideration to the public interest involved, it finds that the interests of the owners will be adequately protected. The court may make such provisions or orders as necessary, so that the advance taking or an advance payment, as provided by subsection (3) of this section, will not be prejudicial to either party.

�� (3)(a) If an order to occupy the property is granted, it may also require the private condemner to deposit with the court either such sum as the court finds reasonable on account of just compensation to be awarded or to deposit a surety bond in an amount and with such surety as the court may approve. The surety bond shall be conditioned to the effect that the private condemner shall pay to the owners of the property just compensation for the property taken or restitution, if any, and costs, disbursements and reasonable attorney fees as finally determined.

�� (b) After an order to occupy is entered, if it appears necessary in order to protect the interests of the owners of the property, the court at any time may require the private condemner to deposit with the court an additional bond or sum on account of just compensation to be awarded.

�� (c) Evidence as to the finding of the court regarding the amount of such bond or deposit shall not be admissible at the trial of just compensation. [1971 c.741 �11]

�� 35.285 Distribution of deposits; effect of withdrawal on appeal. (1) The court may distribute all or any part of the funds deposited by a condemner to the persons entitled thereto for or on account of the just compensation to be awarded in the action, upon such terms and conditions as may appear just and reasonable.

�� (2) Any persons entitled to withdraw any or all of the deposit, as provided by subsection (1) of this section, may do so at any time without waiving rights of appeal provided by ORS 35.355. [1971 c.741 �12]

�� 35.295 Defendant�s answer. The defendant in answer may set forth any legal defense the defendant may have to the condemnation. The defendant shall also allege the true value of the property and the damage, if any, resulting from the appropriation thereof. [1971 c.741 �13]

�� 35.300 Offer of compromise. (1) After the filing of a condemnation action, a condemner may serve an offer of compromise on the defendant in the action. An offer of compromise must be served on the defendant not later than 10 days before the trial of the action. The offer of compromise must identify the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant. The offer of compromise must also indicate whether the offer includes any amount for costs and disbursements, attorney fees and expenses and, if so, the amounts included for costs and disbursements, attorney fees and expenses. If the defendant accepts the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant, the defendant shall file with the court an acceptance signed by the defendant or the defendant�s attorney. The acceptance must be filed not more than three days after the time the offer was served on the defendant. A copy of the offer must be attached to the acceptance.

�� (2) If an offer of compromise under this section does not specifically include amounts for costs and disbursements, attorney fees and expenses, upon acceptance of the offer the court shall give judgment to the defendant for the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant and, in addition, for costs and disbursements, attorney fees and expenses that are determined by the court to have been incurred before service of the offer on the defendant.

�� (3) If an offer of compromise under this section specifically includes amounts for costs and disbursements, attorney fees and expenses, the defendant may accept all amounts offered, or may accept only that portion of the offer identified as just compensation for the property and as compensable damages to remaining property of the defendant. If the defendant accepts only that portion of the offer identified as just compensation for the property and as compensable damages to remaining property of the defendant, the defendant is entitled to an award for costs and disbursements, attorney fees and expenses incurred by the defendant before service of the offer on the defendant. The court shall determine the amount of costs and disbursements, attorney fees and expenses to be awarded to the defendant after acceptance of the offer is filed under subsection (1) of this section.

�� (4) If an offer of compromise is not accepted within the time allowed under subsection (1) of this section, the offer is withdrawn and may not be given in evidence at trial. If the defendant fails to obtain a judgment more favorable than the offer:

�� (a) The defendant may not recover prevailing party fees or costs and disbursements, attorney fees and expenses that were incurred on and after service of the offer;

�� (b) Unless the parties agree otherwise, the court shall give judgment to the defendant for costs and disbursements, attorney fees and expenses that were incurred by the defendant before service of the offer; and

�� (c) The court shall give judgment to the condemner for the condemner�s costs and disbursements, other than prevailing party fees, incurred by the condemner on and after service of the offer.

�� (5) For the purpose of determining whether the defendant has failed to obtain a judgment more favorable than an offer of compromise that specifically includes amounts for costs and disbursements, attorney fees and expenses, the court shall first determine the amount of costs and disbursements, attorney fees and expenses incurred by the defendant before service of the offer on the defendant. The court shall add that amount to the amounts awarded under the judgment as just compensation for the property and as compensable damages to remaining property of the defendant. If the sum of those amounts is equal to or less than the total amount specified in the offer of compromise, the defendant has not obtained a judgment more favorable than the offer of compromise.

�� (6) For the purposes of this section, �expenses� has the meaning given that term in ORS

ORS 350.645

350.645.

�� (c) �Food or beverage career program� means a course of study designed to qualify a person for a career in the food service industry or alcoholic beverage industry, including but not limited to a course of study in culinary arts, viticulture, winemaking, enology, brewing or restaurant management.

�� (2) The charging or payment of tuition or a special fee for enrollment in a class that is part of a food or beverage career program or in a workshop or seminar concerning matters related to food or beverage industry workforce training, offered by an education provider, that includes the consumption of alcoholic beverages for educational purposes, is not a sale or purchase of, or other exchange of consideration for, alcoholic beverages.

�� (3) Notwithstanding ORS 471.130, 471.406, 471.410 and 471.475, an education provider may serve alcoholic beverages to a person who is 18, 19 or 20 years of age and may allow the person to possess and consume alcoholic beverages on a licensed or unlicensed premises that the education provider uses for educational purposes if:

�� (a) The person is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

�� (b) The alcoholic beverages are served to, and possessed and consumed by, the person for educational purposes as part of the class curriculum or a workshop or seminar concerning food or beverage workforce training;

�� (c) The service, possession and consumption of the alcoholic beverages are supervised by a faculty or staff member of the education provider who is 21 years of age or older;

�� (d) The person does not purchase the alcoholic beverages; and

�� (e) The amount served to the person for consumption purposes during any two-hour class, workshop or seminar period does not exceed two ounces of alcohol equivalence.

�� (4) Notwithstanding ORS 471.130 or 471.410, a person may serve alcoholic beverages to another person who is 18, 19 or 20 years of age on premises that an education provider uses for educational purposes if:

�� (a) The person served is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

�� (b) The alcoholic beverages are served to, and consumed by, the person for educational purposes as part of the class curriculum or, with the approval of the education provider, as part of a workshop or seminar concerning food or beverage workforce training;

�� (c) The service and consumption of the alcoholic beverages are supervised by a faculty or staff member of the education provider who is 21 years of age or older;

�� (d) The person served does not purchase the alcoholic beverages; and

�� (e) The amount served to the person for consumption purposes during any two-hour class period does not exceed two ounces of alcohol equivalence.

�� (5) Notwithstanding ORS 471.130 or 471.410 or the prohibitions in ORS 471.430, a person who is 18, 19 or 20 years of age may possess and consume alcoholic beverages on a licensed or unlicensed premises that an education provider uses for educational purposes if:

�� (a) The person is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

�� (b) The person possesses and consumes the alcoholic beverages for educational purposes as part of the class curriculum or, with the approval of the education provider, as part of a workshop or seminar concerning food or beverage workforce training;

�� (c) The person possesses and consumes the alcoholic beverages under the supervision of a faculty or staff member of the education provider who is 21 years of age or older;

�� (d) The person does not purchase the alcoholic beverages; and

�� (e) The amount consumed by the person during any two-hour class, workshop or seminar period does not exceed two ounces of alcohol equivalence.

�� (6) Notwithstanding ORS 471.410, a person who exercises control over private real property may allow a person who is 18, 19 or 20 years of age to remain on the property after the person who is 18, 19 or 20 years of age consumes an alcoholic beverage on the property in accordance with this section.

�� (7) Subsections (3) to (5) of this section do not affect the ability of an education provider, a licensee or a permittee to make alcoholic beverages available to a person 21 years of age or older in accordance with this chapter or the ability of a person 21 years of age or older to possess or consume alcoholic beverages in accordance with this chapter. [2011 c.378 �2; 2012 c.104 �44; 2013 c.1 ��73,74; 2013 c.747 ��166,167; 2013 c.768 ��144,145; 2015 c.767 �176]

ENFORCEMENT OF LIQUOR LAWS

�� 471.605 Duty of officers to enforce and to inform district attorney. The state police, sheriffs, constables and all police officers within the State of Oregon shall enforce all provisions of the Liquor Control Act and assist the Oregon Liquor and Cannabis Commission in detecting violations of that statute and apprehending offenders. Each such enforcing officer having notice, knowledge or reasonable ground of suspicion of any violation of that statute shall immediately notify the district attorney, and furnish the district attorney with names and addresses of any witnesses, or other information within the officer�s knowledge, of such violation. [Amended by 2021 c.351 �125]

�� 471.610 Confiscation of liquor and property by commission. Whenever any officer arrests any person for violation of the Liquor Control Act, the officer may take into possession all alcoholic liquor and other property which the person so arrested has in possession, or on the premises, which is apparently being used in violation of that statute. If the person so arrested is convicted, and it is found that the liquor and other property has been used in violation of the law, the same shall be forfeited to the Oregon Liquor and Cannabis Commission, and shall be delivered by the court or officer to the commission. The commission is authorized to destroy or make such other disposition thereof as it considers to be in the public interest. In any such case, all alcoholic liquor purchased or acquired from any source, and all property, including bars, glasses, mixers, lockers, chairs, tables, cash registers, music devices, gambling devices, furniture, furnishings, equipment and facilities for the mixing, storing, serving or drinking of alcoholic liquor shall be confiscated and forfeited to the state, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund in the manner provided in this section. [Amended by 1981 c.601 �1; 1987 c.858 �5; 2021 c.351 �126]

�� 471.615 Duty to notify commission of conviction of licensee. The county courts, district attorneys and municipal authorities, immediately upon the conviction of any licensee of the Oregon Liquor and Cannabis Commission of a violation of any provision of the Liquor Control Act or the violation of any other law of this state or ordinance of any municipality therein, in which violation alcoholic liquor had any part, shall notify the commission thereof. Such officials shall notify the commission of any acts, practices or other conduct of any such licensee which may be subversive of the general welfare or contrary to the spirit of the Liquor Control Act and shall recommend such action on the part of the commission as will remove the evil. [Amended by 2021 c.351 �127]

�� 471.620 Property and places as common nuisances. Any room, house, building, boat, structure or place of any kind where alcoholic liquor is sold, manufactured, bartered or given away in violation of the law, or where persons are permitted to resort for the purpose of drinking alcoholic beverages in violation of the law, or any place where such beverages are kept for sale, barter or gift in violation of the law, and all liquor or property subject to confiscation under ORS 471.610 kept and used in such place is a common nuisance. Any person who maintains or assists in maintaining such common nuisance or knowingly suffers or permits such nuisance to exist in any place of which the person is the owner, manager or lessor, shall be guilty of a violation of the Liquor Control Act.

�� 471.625 Lien on place used to unlawfully handle liquor. If it is proved that the owner of any building or premises knowingly has suffered the same to be used or occupied for the manufacture, sale or possession of alcoholic beverages, contrary to the provisions of the Liquor Control Act, such building or premises are subject to a lien for, and may be sold to pay all fines and costs assessed against their occupants for any violation of that statute. The lien shall be enforced immediately by civil action in any court having jurisdiction, by the district attorney of the county wherein the building or premises are located.

�� 471.630 Authority to abate nuisance. The Attorney General, the Oregon Liquor and Cannabis Commission or its administrators, or the district attorney of the county wherein a nuisance as defined in ORS 471.620 exists, or where it has existed but has temporarily ceased and there is good and sufficient cause to believe that it will be maintained in the future, may institute an action in the circuit court for such county in the name of the state to abate, and to temporarily and permanently enjoin, such nuisance. The court has the right to make temporary and final orders as in other injunction proceedings. The plaintiff shall not be required to give bond in such action. [Amended by 1979 c.284 �155; 2021 c.351 �128]

�� 471.635 Issuance of restraining order. (1) After a suit is commenced under ORS 471.630, application for a temporary injunction may be made to the court, which shall grant a hearing thereon within 10 days. Where such application has been made, the court, on application of the plaintiff, may issue an ex parte order restraining the defendants and all other persons from removing or in any manner interfering with the personal property and the contents of the room, house, building, boat, structure or place of any kind where the nuisance is alleged to exist, until the decision of the court granting or refusing such temporary injunction and until the further order of the court.

�� (2) This section and ORS 471.640 to 471.655 shall not interfere with the duties of officers as provided in ORS 471.605 and 471.610.

�� 471.640 Service of restraining order. The restraining order may be served by delivering a copy to any person in charge of such place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place. The officer serving the order may enter such place and forthwith shall make and return to the court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance. Any violation, of the order or mutilation or removal of the order so posted shall be a contempt of court, if the posted order contains a notice to that effect.

�� 471.645 Temporary injunction. If a temporary injunction is granted, the court may issue further restraining orders as described in ORS 471.635; and forthwith may issue an order closing such place against its use for any purpose until the final decision, or the court may allow such place to be occupied or used during the pendency of the injunction proceedings by requiring the defendants to furnish an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or a bond with sufficient surety, to be approved by the court, in the penal sum of not less than $2,500, payable to the state. The bond or letter of credit shall be conditioned that alcoholic liquor will not be manufactured, possessed, sold, served, bartered, or given away, or furnished, or otherwise disposed of thereon or therein, or kept thereon or therein with the intent to sell, barter, serve, or give away, or otherwise dispose of alcoholic liquor contrary to law, and that the defendants will pay all fines, costs and damages assessed against them for any violation of such conditions. The State of Oregon in an action brought by the Attorney General, the Oregon Liquor and Cannabis Commission or its administrators, or the district attorney, may take whatever steps necessary to recover the whole amount as a penalty for the use of the county wherein the premises are situated. [Amended by 1991 c.331 �69; 1997 c.631 �481; 2021 c.351 �129]

�� 471.650 Nature of permanent injunction. If a judgment against the defendants is granted, the court shall order that the place constituting the nuisance be closed for a period not exceeding two years, or closed for a part of said time, and until the owner, lessee, tenant or occupant thereof gives a bond or letter of credit identical to the bond or letter of credit required under ORS 471.645. If any condition of the bond or letter of credit is violated, the whole amount may be recovered as a penalty for the use of the county wherein the premises are situated. In any such suit process to nonresident defendants may be served by publication in a newspaper of general circulation in the county having jurisdiction of the injunction proceedings. Notice shall be published once each week for two consecutive weeks or for such time as the court, by order, may prescribe. [Amended by 1991 c.331 �70; 2003 c.576 �462]

�� 471.655 Owner may defend; evidence concerning nuisance. (1) The owner of any property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the trial and show cause why the court should cancel or refrain from issuing any judgment orders as against the owner. In order to obtain such relief, the owner must prove to the satisfaction of the court that the owner is the lawful owner of the property and, further, that with reasonable care and diligence the owner could not have known of the illegal use of the owner�s property.

�� (2) Evidence of the general reputation of the premises upon which a nuisance is alleged to exist is admissible in evidence for the purpose of proving the existence of the nuisance, and of knowledge of, and of acquiescence and participation therein, on the part of persons charged with maintaining or assisting in the maintenance of a nuisance. [Amended by 2003 c.576 �463]

�� 471.657 Confiscation and forfeiture for violation of ORS 471.475. Upon conviction for violation of ORS 471.475, the premises upon which the violation has occurred shall be declared to be a common nuisance and subject to abatement proceedings as provided by ORS 471.605 to 471.655. Any person who knowingly suffers or permits such nuisance to exist or be kept or maintained in a private or public club or place of which the person is the owner, manager or lessor, may be a party defendant to such abatement proceedings. In any such case, upon conviction, all alcoholic liquor, whether purchased or acquired from any other source, and all property, including bars, glasses, mixers, lockers, chairs, tables, cash registers, music devices, gambling devices, and all facilities for the mixing, storing, serving or drinking of alcoholic liquor shall be declared to be a common nuisance and shall be subject to confiscation and forfeiture as provided for by ORS 471.610. No claim of ownership or of any right, title, or interest in or to any of the personal property enumerated in this section or ORS 471.475 shall be held valid unless claimant shows to the satisfaction of the court that claimant is in good faith the owner of the claim and had no knowledge that the personal property was used in violation of ORS 471.475.

�� 471.660 Seizure of conveyance transporting liquor and liquor therein; notice to owner; return of conveyance; costs. (1) When any peace officer discovers any person in the act of transporting alcoholic liquors in violation of law, in or upon any vehicle, boat or aircraft, or conveyance of any kind, the officer may seize any alcoholic liquor found therein, take possession of the vehicle or conveyance and arrest any person in charge thereof.

�� (2) The officer shall at once proceed against the person arrested, under the Liquor Control Act, in any court having competent jurisdiction, and shall deliver the vehicle or conveyance to the sheriff of the county in which such seizure was made.

�� (3) If the person arrested is the owner of the vehicle or conveyance seized, it shall be returned to the owner upon execution by the owner of a good and valid bond, with sufficient sureties in a sum double the value of the property, approved by the court and conditioned to return the property to the custody of the sheriff at a time to be specified by the court.

�� (4) If the person arrested is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner. If the sheriff is able to determine the name and address of the owner, the sheriff shall immediately notify the owner by registered or certified mail of the seizure and of the owner�s rights and duties under this section and ORS

ORS 352.610

352.610]

�� 352.842 Execution of instruments. Oregon State University may execute all deeds, conveyances, contracts, mortgage releases and all other instruments necessary to be executed in carrying out the terms of the trust referred to in ORS 352.835. All such deeds and other instruments may be executed in manner and form as prescribed by the university and shall be entitled to record without acknowledgment. [Formerly 352.620]

�� 352.990 [Subsection (2) enacted as 1959 c.569 �6; 1969 c.622 �2; 1983 c.186 �2; 1983 c.338 �917; 1985 c.16 �475; repealed by 1987 c.158 �63 and 1987 c.246 �8]

ORS 357.835

357.835 (1) for public records valued for legal, administrative, fiscal, tribal cultural, historical or research purposes.

�� (12) Implement curriculum and training opportunities for county circuit court, tax court, Court of Appeals and Supreme Court judges to meet the minimum continuing education requirements established by the Chief Justice under ORS 1.002 (1)(k). [1981 s.s. c.1 �15; 1985 c.308 �1; 1991 c.790 �19; 1995 c.244 �1; 1999 c.787 �2; 2001 c.779 �5; 2011 c.224 �6; 2011 c.595 �106; 2023 c.35 �9; 2025 c.88 �2]

�� 8.130 Fees payable to State Treasurer. Unless otherwise provided by law, all fees and other moneys collected by the State Court Administrator shall be paid to the State Treasurer promptly, and shall be deposited in the General Fund available for general governmental expenses. [Amended by 1971 c.193 �3; 1981 s.s. c.1 �16]

�� 8.140 [Amended by 1971 c.193 �4; repealed by 1981 s.s. c.1 �25]

�� 8.150 Appointment and compensation of employees. The State Court Administrator, with the approval of the Chief Justice of the Supreme Court, may appoint and shall fix the compensation of employees to perform or assist in the performance of duties, powers and functions of the administrator. [Amended by 1971 c.193 �5; 1981 s.s. c.1 �17]

�� 8.155 Bailiffs of higher courts. (1) Bailiffs for the Supreme Court and the Court of Appeals shall be appointed under a personnel plan established by the Chief Justice of the Supreme Court. The bailiffs shall be executive officers of the respective courts.

�� (2) Process in cases of original jurisdiction in the Supreme Court may be executed by the bailiff or any sheriff of the state as directed by the court. [Formerly 8.010]

�� 8.160 Administrator and staff not to engage in private practice of law. The State Court Administrator and employees of the administrator shall not engage in the private practice of law. [Amended by 1953 c.382 �4; 1971 c.193 �6; 1981 s.s. c.1 �18]

�� 8.170 Status of court officers and employees. Officers and employees of the Supreme Court, Court of Appeals and Oregon Tax Court, and employees of the State Court Administrator, who are appointed under a personnel plan established by the Chief Justice of the Supreme Court are state officers or employees in the exempt service and not subject to ORS chapter 240. However, such personnel shall have the right to be dismissed only for just cause after hearing and appeal. [1983 c.763 �27]

�� 8.172 [1995 c.658 �146; repealed by 2001 c.823 �24 (1.204 enacted in lieu of 8.172)]

TRIAL COURT ADMINISTRATORS AND STAFF

�� 8.185 Trial court administrator for judicial district. Unless otherwise ordered by the Chief Justice of the Supreme Court, there shall be a trial court administrator for each judicial district described in ORS 3.012. The Chief Justice may order that one trial court administrator serve for two or more adjoining judicial districts. [1981 s.s. c.3 �8; 1995 c.658 �17; 1997 c.801 �115]

�� 8.195 Appointment of trial court administrators; removal. (1) Subject to applicable provisions of a personnel plan established by the Chief Justice of the Supreme Court, a person to serve as trial court administrator for:

�� (a) One judicial district shall be appointed by the presiding judge for the judicial district, with the approval of a majority of the circuit court judges in the district.

�� (b) The circuit court in a judicial district shall be appointed by the presiding judge for the judicial district, with the approval of a majority of the circuit court judges.

�� (c) Two or more adjoining judicial districts shall be appointed by the presiding judges for the judicial districts, with the approval of a majority of the circuit court judges in the districts.

�� (2) A trial court administrator may be removed from the office by the appointing presiding judge as provided in a personnel plan established by the Chief Justice of the Supreme Court. [1981 s.s. c.3 �9; 1995 c.658 �18; 1995 c.781 �18]

�� 8.205 [1981 s.s. c.3 �10; 1995 c.658 �19; repealed by 1997 c.801 �131]

�� 8.210 [Repealed by 1973 c.781 �4]

�� 8.215 [1981 s.s. c.3 �11; 1995 c.658 �20a; 1995 c.781 �19; repealed by 1997 c.801 �131]

�� 8.220 [Repealed by 1973 c.781 �4]

�� 8.225 Duties of trial court administrator; delegation; transcript coordinator. (1) The trial court administrator for a judicial district has the duties, powers and functions prescribed by law or by rules of the circuit courts in the district.

�� (2) A trial court administrator shall, for each court served by the officer:

�� (a) Keep the seal of the court, and affix it in all cases required by law.

�� (b) Record the proceedings of the court.

�� (c) Maintain the records, files, books and other documents pertaining to the court.

�� (d) File all documents delivered to the trial court administrator in any action or proceeding in the court.

�� (e) Attend the court, administer oaths and receive the verdict of a jury in any action or proceeding therein, in the presence and under the direction of the court.

�� (f) Under the direction of the court enter its orders and judgments.

�� (g) Authenticate, by certificate or transcript, as may be required, the records, files or proceedings of the court, or any document pertaining thereto, and filed with the officer.

�� (h) In the performance of duties pertaining to the court, conform to the direction of the court.

�� (3) A trial court administrator may take and certify the proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged.

�� (4) A trial court administrator may delegate powers of the office of trial court administrator to employees of the trial court administrator.

�� (5) A trial court administrator shall designate a person to act as transcript coordinator for the court. [1981 s.s. c.3 �12; 1985 c.540 �22; 1993 c.223 �1; 1995 c.273 �4; 1997 c.801 ��117,117a; 2007 c.129 �8; 2015 c.212 �13]

�� 8.235 Trial court administrators as state employees. Trial court administrators appointed under ORS 8.195 and other nonjudicial officers and employees of the circuit courts who are appointed under a personnel plan established by the Chief Justice of the Supreme Court are state officers or employees in the exempt service and not subject to ORS chapter 240. However, such personnel shall retain the right to be dismissed only for just cause after hearing and appeal. [1981 s.s. c.3 �13; 1997 c.801 �118]

�� 8.245 Trial court administrators and other personnel not to engage in private practice of law. Trial court administrators appointed under ORS 8.195 and other nonjudicial officers and employees of the circuit courts who are appointed under a personnel plan established by the Chief Justice of the Supreme Court shall not engage in the private practice of law. [1981 s.s. c.3 �15; 1997 c.801 �119]

�� 8.255 Agreement between state and county to provide services with county employees; payment to county; supervision of employees. (1) The State Court Administrator, on behalf of the state, and the governing body of a county, on behalf of the county, may enter into an agreement whereby services required to be provided by the state for the circuit court for the county are provided by employees of the county, instead of by state officers and employees, and the expenses of the county in providing those services are paid to the county by the state from funds available for the purpose.

�� (2) County employees providing services under an agreement shall be under the supervision and control of the trial court administrator appointed under ORS 8.195. County employees providing services under an agreement are not thereby state employees. County employees providing services under an agreement shall not engage in the private practice of law.

�� (3) With the prior approval of the State Court Administrator, a trial court administrator appointed under ORS 8.195, on behalf of the state, and the governing body of a county, on behalf of the county, may enter into an agreement under this section in respect to services for a circuit court for the county served by the trial court administrator. [1981 s.s. c.3 �16; 1995 c.781 �20; 1997 c.801 �120]

�� 8.260 [1953 c.34 �6; repealed by 1959 c.552 �16]

COLLECTIVE BARGAINING

�� 8.270 Collective bargaining rights of court administrators and staff. All officers and employees of the courts of this state who are referred to in ORS 8.170 and 8.235 are subject to collective bargaining to the extent provided in ORS 243.650 to 243.809, and ORS

ORS 358.505

358.505, there shall be included in the body of the instrument or by addendum the following statement: �THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL ASSESSMENT UNDER ORS 358.505.�

�� (4) An action may not be maintained against the county recording officer for recording an instrument that does not contain the statement required in subsection (1) or (2) of this section.

�� (5) An action may not be maintained against any person for failure to include in the instrument the statement required in subsection (1) or (2) of this section, or for recording an instrument that does not contain the statement required in subsection (1) or (2) of this section, unless the person acquiring or agreeing to acquire fee title to the real property would not have executed or accepted the instrument but for the absence in the instrument of the statement required by subsection (1) or (2) of this section. An action may not be maintained by the person acquiring or agreeing to acquire fee title to the real property against any person other than the person transferring or contracting to transfer fee title to the real property.

�� (6) A transfer on death deed and an instrument revoking a transfer on death deed are not instruments subject to this section. [1983 c.718 �2; 1985 c.719 �1; 1989 c.366 �1; 1993 c.792 �40; 1995 c.5 �17; 2005 c.311 �1; 2007 c.424 �23; 2007 c.866 �7; 2009 c.892 �19; 2011 c.212 �24; 2025 c.209 �16]

�� 93.050 Gift or conveyance of life estate. A gift or conveyance of property under deed or other writing executed after June 30, 1993, to any person for the term of the life of the person, and after the death of the person to the children or heirs of the person, vests an estate or interest for life only in the grantee or person receiving the gift or conveyance, and remainder in the children or heirs. [1991 c.850 �3]

SPECIAL MATTERS IN PARTICULAR CONVEYANCES

�� 93.110 Quitclaim deed sufficient to pass estate. A deed of quitclaim and release, of the form in common use, is sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale.

�� 93.120 Words of inheritance unnecessary to convey fee; conveyances deemed to convey all grantor�s estate. The term �heirs,� or other words of inheritance, is not necessary to create or convey an estate in fee simple. Any conveyance of real estate passes all the estate of the grantor, unless the intent to pass a lesser estate appears by express terms, or is necessarily implied in the terms of the grant.

�� 93.125 [2001 c.311 �3; repealed by 2002 s.s.1 c.6 �3]

�� 93.130 Conveyance of land in adverse possession of another. No grant or conveyance of lands or interest therein is void for the reason that at the time of its execution the lands were in the actual possession of another claiming adversely.

�� 93.140 Implied covenants. No covenant shall be implied in any conveyance of real estate, whether it contains special covenants or not, except as provided by ORS 93.850 to 93.870. [Amended by 1973 c.194 �6]

�� 93.150 Conveyance by tenant of greater estate than that possessed. A conveyance made by a tenant for life or years, purporting to grant a greater estate than the tenant possesses or could lawfully convey, does not work a forfeiture of the estate of the tenant, but passes to the grantee all the estate which the tenant could lawfully convey.

�� 93.160 Conveyance by reversioners and remainderpersons to life tenant vests fee. When real property has been devised to a person for life, and in case of the death of the life tenant without leaving lawful issue born alive and living at the time of death, then to other heirs of the testator, a conveyance to the life tenant from all reversioners or remainderpersons and all issue of the life tenant as are in being, of all their interest in the real property, vests a fee simple estate in the life tenant. [Amended by 2003 c.14 �35]

�� 93.170 [Repealed by 1969 c.591 �305]

�� 93.180 Forms of tenancy in conveyance or devise to two or more persons. (1) A conveyance or devise of real property, or an interest in real property, that is made to two or more persons:

�� (a) Creates a tenancy in common unless the conveyance or devise clearly and expressly declares that the grantees or devisees take the real property with right of survivorship.

�� (b) Creates a tenancy by the entirety if the conveyance or devise is to spouses married to each other unless the conveyance or devise clearly and expressly declares otherwise.

�� (c) Creates a joint tenancy as described in ORS 93.190 if the conveyance or devise is to a trustee or personal representative.

�� (2) A declaration of a right to survivorship creates a tenancy in common in the life estate with cross-contingent remainders in the fee simple.

�� (3) Except as provided in ORS 93.190, joint tenancy in real property is abolished and the use in a conveyance or devise of the words �joint tenants� or similar words without any other indication of an intent to create a right of survivorship creates a tenancy in common. [Amended by 1983 c.555 �1; 2007 c.64 �1; 2015 c.629 �5]

�� 93.190 Trustees or personal representatives as joint tenants; filling vacancies in office. (1) Every conveyance, deed of trust, mortgage or devise of an interest in or lien upon real or personal property to two or more persons as trustees or personal representatives, creates a joint tenancy in such interest or lien in the trustees or personal representatives unless it is expressly declared in the conveyance, deed of trust, mortgage or devise that the trustees or personal representatives shall take or hold the property as tenants in common or otherwise.

�� (2) If the conveyance, deed of trust, mortgage or devise provides for filling any vacancy in the office of trustee or personal representative, it may be filled as therein provided, but a court of competent jurisdiction may fill a vacancy in the trusteeship according to the established rules and principles of equity. In whichever way the vacancy is filled, the new trustee shall hold the property with all powers, rights and duties of an original trustee unless otherwise directed by conveyance, deed of trust, mortgage or devise, or order or judgment of the court. [Amended by 1969 c.591 �275; 2003 c.576 �353]

�� 93.200 Trustees or executors now hold as joint tenants. All trustees or executors holding real or personal property in trust on May 19, 1905, hold as joint tenants and not as tenants in common unless the conveyance, deed of trust, mortgage or devise, or order or decree of court creating or appointing the trustees or executors has declared otherwise.

�� 93.210 Presumption respecting deed from trustee of undisclosed beneficiary. If a deed to real estate has been made to a grantee in trust or designating the grantee as trustee, and no beneficiary is indicated or named in the deed, a deed thereafter executed by such grantee conveying the property is presumed to have been executed with full right and authority and conveys prima facie title to the property. The grantee in the last-mentioned deed is under no duty whatsoever to see to the application of the purchase price. If the last-mentioned deed is recorded after June 7, 1937, after five years from its recording or, if it was recorded prior to June 7, 1937, then after June 7, 1942, the presumption is conclusive as to any undisclosed beneficiary and the title to the real estate, based upon the last-mentioned deed, shall not be called in question by any one claiming as beneficiary under the first-mentioned deed.

�� 93.220 Release, limitation or restriction of power of appointment. (1) Any person to whom there has been granted or reserved any power of appointment or other power by which the person may elect to take any action affecting the disposition of property may at any time release, or, from time to time, limit or restrict such power in whole or in part by an instrument in writing evidencing that purpose and subscribed by the person.

�� (2) If the power is one to affect title to real property, the instrument shall be executed, acknowledged, proved and recorded, or filed with the registrar of title in each county in which the land is situated in the same manner as a conveyance of real property.

�� (3) If the power is of such nature that its exercise may affect the duty of any trustee or other fiduciary, such trustee or other fiduciary is not bound to take notice thereof unless the trustee or other fiduciary has received the original or an executed duplicate of the release or a copy thereof certified by the county clerk or county recorder of the county in which it has been recorded.

�� 93.230 Copy of Department of State Lands deed or patent given when original lost. (1) If parties to whom deeds have been issued by the Department of State Lands have lost such deeds before they were placed on record in the county wherein the land conveyed is located, the Director of the Department of State Lands, on application of the party entitled thereto, shall cause a certified copy of the record of the deed in the office of the department to be issued under its seal.

�� (2) If parties to whom patents for lands have been issued by the United States for lands in the State of Oregon have lost such patents before they were placed on record in the county wherein the land conveyed is located, such parties, or their successors in interest, may apply to and obtain from the Bureau of Land Management, or its successor agency, copies of the records of such patents, duly certified to be correct copies of the original patents, or of the record thereof, by the appropriate federal officer.

�� (3) Every certified copy issued in accordance with subsection (1) or (2) of this section is entitled to record in the proper county with like effect as the original deed or patent. Every such copy so certified may be read in evidence in any court in this state without further proof thereof. The record of any such certified copy, or a transcript thereof certified by the county clerk in whose office it may have been recorded, may be read in evidence in any court in this state with like effect as the original thereof or the original lost deed or patent. [Amended by 1967 c.421 �197]

�� 93.240 Rights to deferred installments of purchase price where two or more persons join as sellers of real property. (1) Subject to the provisions contained in this section, whenever two or more persons join as sellers in the execution of a contract of sale of real property or sell and convey title to real property in exchange for a note for all or a part of the purchase price secured by either a mortgage or trust deed on the real property, unless a contrary purpose is expressed in the contract, note, mortgage or trust deed, the right to receive payment of deferred installments of the purchase price and the mortgage or trust deed, shall be owned by them in the same proportions, and with the same incidents, as title to the real property was vested in them immediately preceding the execution of the contract of sale or conveyance.

�� (2) If immediately prior to the execution of a contract of sale of real property, or a sale or conveyance of title to real property in exchange for a note for all or a part of the purchase price secured by a mortgage or trust deed on the real property, title to any interest in the property therein described was vested in the sellers or some of the sellers as tenants by the entirety or was otherwise subject to any right of survivorship, then, unless a contrary purpose is expressed in the contract, note, mortgage or trust deed, the right to receive payment of deferred installments of the purchase price of the property and the mortgage and trust deed shall likewise be subject to like rights of survivorship. [1957 c.402 ��1,2; 1969 c.591 �276; 1989 c.74 �1; 1997 c.99 �21]

�� 93.250 Effect of conveyance creating fee simple conditional or fee tail. Every conveyance or devise of lands, or interest therein, made subsequent to September 9, 1971, using language appropriate to create a fee simple conditional or fee tail estate shall create an estate in fee simple absolute in the grantees or devisees of such conveyances or devises. Any future interest limited upon such an interest is a limitation upon the fee simple absolute and its validity is determined accordingly. [1971 c.382 �1]

�� 93.260 Tax statement information required in conveyancing instrument. (1) All instruments prepared for the purpose of conveying or contracting to convey fee title to any real estate shall contain on the face of such instruments a statement in substantially the following form:

�� Until a change is requested, all tax statements shall be sent to the following address:

�� (2) Failure to contain the statement required by this section does not invalidate the conveyance and if an instrument is recorded without the statement required by this section, the recording is valid.

�� (3) This section applies to all instruments executed after January 1, 1974. [1973 c.422 �2]

�� 93.265 Notice to real property manager of certain actions; procedures; effect on title. (1) A real estate property manager, as defined in ORS 696.010, may request notice of any pending action, claim, lien or proceeding relating to a parcel of real property by recording in the county clerk�s office of the county in which any portion of the real property is situated a request for any notice required by law to be provided to the owner.

�� (2) A request submitted as allowed under subsection (1) of this section shall include the name and address of the property manager, the address and legal description of the property in question, the signature and real estate license number of the requester and the date of the request. The request for notification shall be valid for one year from filing.

�� (3) Compliance with subsection (1) of this section shall be deemed adequate upon mailing, by first class mail with postage prepaid, to the address provided in the form required under subsection (2) of this section.

�� (4) The county assessor of the county in which the notice is recorded shall note on the tax roll, prepared pursuant to ORS chapter 311, the filing made under subsection (1) of this section.

�� (5) No request, statement or notation filed under subsection (1) of this section shall affect title to the property or be deemed notice to any person that any person so recording the request has any right, title, interest in, lien or charge upon the property referred to in the request for notice. [1989 c.1062 �2; 2001 c.300 �58]

�� 93.268 Notice to state agency of transfer or encumbrance of real property by title insurance company. (1) As used in this section, �encumbrance� has the meaning given that term in ORS

ORS 359.300

359.300 to 359.315, the person purchasing the fine print may recover from the person who offers or sells the fine print an amount equal to three times the amount required under subsection (1) of this section. [1981 c.726 �5]

(Art Work Reproduction Rights)

�� 359.350 Definitions for ORS 359.350 to 359.365. As used in ORS 359.350 to 359.365:

�� (1) �Artist� means the creator of a work of fine art.

�� (2) �Fine art� means a painting, sculpture, drawing, photograph, craft work, fiber art or work of graphic art.

�� (3) �Fine print� includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint or serigraph, but does not include industrial designs.

�� (4) �Industrial design� means the aesthetic appearance of an article used in commerce.

�� (5) �Work of fine art� means any work of visual or graphic art of any media including, but not limited to, painting, fine print, drawing, sculpture, craft, photography or film. [1981 c.824 �1]

�� 359.355 Art work reproduction rights retained by artist unless expressly transferred; effect of federal copyright laws. (1) Whenever a work of fine art is sold or otherwise transferred by or on behalf of the artist who created it, or the heirs or personal representatives thereof, the right of reproduction thereof is reserved to the grantor until the right passes into the public domain pursuant to federal copyright laws unless the right is sooner expressly transferred by an instrument, note or memorandum in writing signed by the owner of the rights conveyed or the duly authorized agent thereof.

�� (2) Nothing contained in this section is intended to prohibit the fair use, as defined in the federal copyright law (17 U.S.C. 107), of such work of fine art. [1981 c.824 �2]

�� 359.360 Ownership of physical work of art remains with artist unless expressly transferred. Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of or publicly display a work of fine art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, ownership of the physical work of fine art shall remain with and be reserved to the artist or owner, as the case may be, unless such right of ownership is expressly transferred by an instrument, note, memorandum or other writing, signed by the artist, the owner or the duly authorized agent thereof. [1981 c.824 �3]

�� 359.365 Ambiguity in agreement transferring right to reproduce art work resolved in favor of artist. Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of or publicly display a work of fine art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, any ambiguity with respect to the nature or extent of the rights conveyed shall be resolved in favor of the reservation of rights by the artist or owner unless in any given case the federal copyright law (17 U.S.C. 1 et seq.) provides to the contrary. [1981 c.824 �4]

TRUST FOR CULTURAL DEVELOPMENT

(Generally)

�� 359.400 Definitions for ORS 359.400 to 359.444. As used in ORS 359.400 to 359.444:

�� (1) �Community Cultural Participation Grant Program� means the program created by ORS 359.436.

�� (2) �Core partner agencies� means the Oregon Arts Commission, the Oregon Council for the Humanities, the Oregon Heritage Commission, the Oregon Historical Society and the State Historic Preservation Officer.

�� (3) �Cultural Development Grant Program� means the program created by ORS 359.431.

�� (4) �Cultural organization� means:

�� (a) An entity that is:

�� (A) Exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code; and

�� (B) Organized primarily for the purpose of producing, promoting or presenting the arts, heritage and humanities to the public or organized primarily for identifying, documenting, interpreting and preserving cultural resources.

�� (b) A federally recognized Indian tribe.

�� (5) �Trust for Cultural Development Account� means the account established by ORS 359.405. [2001 c.954 �3; 2003 c.713 �5]

�� 359.405 Trust for Cultural Development Account. (1) The Trust for Cultural Development Account is established in the State Treasury, separate and distinct from the General Fund. Investment earnings, interest and other income earned by the Trust for Cultural Development Account shall be credited to the account. The primary purpose of the account is to serve as a repository for both public and private moneys designated to fund specific arts, heritage and humanities programs.

�� (2) All moneys in the Trust for Cultural Development Account are appropriated continuously to the Oregon Business Development Department for the Arts Program for the purposes of ORS 359.400 to 359.444. [Formerly 285A.216; 2003 c.713 �7; 2015 c.668 �3]

�� 359.407 Use of moneys transferred to trust for marketing and promotional costs. (1) Notwithstanding ORS 359.405, moneys transferred to the Trust for Cultural Development Account pursuant to ORS 805.261 may be used for marketing and promotional costs to increase the amount of moneys in the Trust for Cultural Development Account.

�� (2) Amounts used for marketing and promotional costs as described in subsection (1) of this section are not considered part of the Trust for Cultural Development Account for the purpose of making disbursements under ORS 359.426. [2009 c.775 �3]

�� Note: 359.407 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 359 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Trust for Cultural Development Board)

�� 359.410 Board established; membership; chairperson. (1) There is established a Trust for Cultural Development Board consisting of 11 members appointed by the Governor. The membership of the board must reflect the geographical and cultural diversity of this state. Each member must have a background that demonstrates a commitment to Oregon�s culture.

�� (2) The Speaker of the House of Representatives and the President of the Senate shall each appoint a member of the Legislative Assembly to be a nonvoting advisory member of the board.

�� (3) The term of office of each appointed member is four years, but a member serves at the pleasure of the appointing authority. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on November 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

�� (4) The appointment of board members by the Governor is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

�� (5) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.

�� (6) The board shall elect one of its voting members as chairperson and another as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the board determines. [2001 c.954 �4; 2003 c.713 �8; 2009 c.775 �1]

�� 359.413 Board quorum; meetings. (1) A majority of the members of the Trust for Cultural Development Board constitutes a quorum for the transaction of business.

�� (2) The board shall meet at least once every three months at a place, day and hour determined by the chairperson. The board also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the board.

�� (3) The chairperson shall invite representatives of the core partner agencies to all meetings of the board. [2001 c.954 �6]

�� 359.416 Board duties; rules. (1) The Trust for Cultural Development Board shall oversee management of the Trust for Cultural Development Account and shall provide direction to the Administrator of the Arts Program for the coordination, administration and evaluation of the Cultural Development Grant Program, the Community Cultural Participation Grant Program and the use of funds received by core partner agencies under ORS 359.441.

�� (2) In accordance with applicable provisions of ORS chapter 183, the board may adopt rules necessary for the administration of ORS 359.400 to 359.444. [2001 c.954 �7; 2003 c.713 �9]

�� 359.421 Board staff; staff duties. The Administrator of the Arts Program shall provide staff support to the Trust for Cultural Development Board. Under the direction of the board, the administrator shall:

�� (1) Coordinate grant management;

�� (2) Provide Trust for Cultural Development Account management and accounting;

�� (3) Work with cultural agencies and their constituents to communicate with and educate the public on the role culture plays in the lives of citizens and communities; and

�� (4) Evaluate the Cultural Development Grant Program, the Community Cultural Participation Grant Program and the use of funds received under section 13, chapter 954, Oregon Laws 2001, by core partner agencies. [2001 c.954 �8; 2003 c.713 �10]

�� 359.423 Board solicitation or acceptance of gifts, bequests, devises of money, securities or other property. (1)(a) The Trust for Cultural Development Board may solicit and accept gifts, bequests or devises of money, securities or other property of any kind to carry out the purposes of ORS 359.400 to 359.444.

�� (b) Notwithstanding paragraph (a) of this subsection, a restricted gift, bequest or devise may not be accepted if the restriction is contrary to the laws of this state.

�� (2)(a) The board shall be the custodian of any property accepted pursuant to this section.

�� (b) The board shall hold the property as trustee for the state and shall conserve and administer the property to carry out the purposes of ORS 359.400 to 359.444.

�� (c) Except as prohibited by law or restricted by the terms of the gift, bequest or devise, the board may from time to time sell or exchange any property accepted as a gift, bequest or devise as the board determines appropriate.

�� (3) Moneys, and any income from property, accepted pursuant to this section shall be paid into the State Treasury and deposited to the credit of the Trust for Cultural Development Account established by ORS 359.405. [2015 c.668 �2]

(Disbursement of Trust Account)

�� 359.426 Percentage that may be disbursed; allowable uses. (1) Under the direction of the Trust for Cultural Development Board, each fiscal year the Arts Program shall disburse no less than 50 percent, but no more than 60 percent, of all moneys raised for and deposited in the Trust for Cultural Development Account during the previous fiscal year, and all interest earned on the moneys, as of July 1.

�� (2) The amount determined under subsection (1) of this section shall be distributed as follows:

�� (a) 50 percent to the preservation of, stabilization of and investment in Oregon�s cultural resources through the Cultural Development Grant Program as provided under ORS

ORS 366.290

366.290 or 373.010. [1967 c.272 �1; 1975 c.587 �1; 1975 c.782 �51a]

�� 366.323 Studies to aid in relocating persons displaced by highway acquisition. When plans of the Department of Transportation projected for one year involve acquisition of properties in any city which will require removal of 25 or more dwelling units, businesses or institutions, the Department of Transportation shall make a study of the persons residing on or maintaining businesses or institutions on property scheduled for highway acquisition. Such studies shall be kept current until the premises required for highway acquisition are vacated. The department shall obtain such other information as it finds appropriate to aid in the relocation of persons displaced by the highway acquisition, and may extend its studies beyond city boundaries when the highway acquisition will involve dwellings, businesses or institutions within three miles of a city boundary. Such information shall be made available to the persons displaced and to other persons who may provide or assist in providing new locations. This section shall apply whether the highway acquisitions will be paid for in whole or in part from state funds either directly or by reimbursement. The Department of Transportation may contract with any governmental subdivision or agency, or with private concerns to make and maintain such studies, or may employ necessary assistants therefor. [1959 c.648 �1; 1963 c.187 �1]

�� 366.324 Financial assistance to persons displaced by highway acquisition; rules. (1) When federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation may match such federal funds to the extent provided by federal law and to provide such direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

�� (2) When federal funds are not available or used for payment of direct financial assistance to persons displaced by department acquisition of property, the department may provide direct financial assistance to such persons. Financial assistance authorized by this subsection shall not exceed the total amount that would have been payable under subsection (1) of this section if federal funds had been available or used. The department may adopt rules and regulations to carry out the provisions of this subsection. [1959 c.648 �2; 1963 c.187 �2; 1965 c.222 �1]

�� 366.325 Rights of way through cemeteries. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain, real property for right of way through a cemetery, except that the department has no authority to acquire any such real property by exercise of the power of eminent domain if within the area sought to be taken there are graves which would be disturbed by the location and construction of a highway. The department may acquire by purchase, agreement, donation or exercise of the power of eminent domain, real property contiguous to the cemetery, and may convey such real property to the cemetery association or the owners of the cemetery in exchange for the property sought to be acquired for right of way purposes, but such authority shall not be exercised unless and until the owners of the cemetery agree in writing to the exchange of lands.

�� 366.330 Acquisition of land adjoining right of way. The Department of Transportation may, when acquiring real property for right of way purposes, acquire additional real property adjoining the real property sought to be acquired for the particular public project if such additional and adjoining real property is needed for the purpose of moving and establishing thereon buildings or other structures then established on real property required for right of way purposes. The acquisition of the abutting, additional real property may be accomplished by purchase, agreement, donation or exercise of the power of eminent domain. Such real property can be acquired only in the event that the owner of the real property required for right of way purposes and on which there is then located buildings or other structures, has entered into a written agreement with the department providing for and consenting to the removal and reestablishment of the buildings or structures on the additional, abutting real property.

�� 366.332 Definitions for ORS 366.332 and 366.333. As used in this section and ORS 366.333:

�� (1) �Real property� includes any right, title or interest in real property.

�� (2) �Utility� means any corporation, including municipal or quasi-municipal corporation, company, individual, association of individuals, lessee, trustee or receiver, that owns, operates, manages or controls all or part of any plant or equipment in this state, whether or not such plant or equipment or part thereof is wholly within or outside any city, which plant or equipment is used, directly or indirectly:

�� (a) For the conveyance of telegraph or telephone messages, with or without wires;

�� (b) For the transportation of water, gas or petroleum products by pipelines;

�� (c) For the production, transmission, delivery or furnishing of heat, light, water, power, electricity or electrical impulses; or

�� (d) For the transmission and delivery of television pictures and sound by cables. [1965 c.382 �2]

�� 366.333 Acquisition of utility real property; exchange of land for right of way. (1) If real property upon which utility facilities are located is necessary for city street, public road or state highway location, relocation, construction, reconstruction, betterment or maintenance, and any portion of the real property is likewise required by the utility for the proper operation of its business, but the utility is willing to convey the real property to the state for city street, public road or state highway purposes in exchange for other real property within a reasonable distance, the state, through the Department of Transportation, may acquire by purchase, agreement or by the exercise of the power of eminent domain, other real property, except that of another utility, within a reasonable distance. After having acquired such real property, the state, through the department, may convey it to the utility in exchange for the real property required from the utility for city street, public road or state highway purposes. The difference in the value of the respective real properties shall be considered by the department in making the exchange.

�� (2) ORS 366.332 and this section do not vest in any utility any right, title or interest in any city street, public road, state highway or other public property. [1965 c.382 ��3,4]

�� 366.335 Acquisition of railroad right of way; exchange of land therefor. (1) Whenever in the location, relocation, construction or betterment of any highway within the state, it is deemed necessary to locate, relocate or construct the highway, or any part thereof, upon the right of way of any railroad company, the state, through the Department of Transportation, may negotiate and agree with the railroad company for the right to use or occupy the right of way, or so much thereof as is necessary for highway purposes.

�� (2) In case no satisfactory agreement can be effected, then the state, through the department, may acquire the right of way by exercise of the power of eminent domain, and for that purpose may commence and prosecute condemnation proceedings to acquire the right to the use and occupancy of sufficient of the railroad right of way for highway purposes.

�� (3) Nothing in subsection (2) of this section authorizes the use or occupancy of the railroad right of way which would interfere with the operation of the railroad or its necessary appurtenances, taking into consideration the use of the railroad right of way by the company for yards, terminals, station grounds and necessary additional trackage, or which would jeopardize the safety of the public.

�� (4) In the event that the right of way or property of any railroad company in the state required or needed for state highway location, relocation, construction or betterment, and any portion of the property or right of way is likewise needed and required by the railroad company for the proper operation of its trains and the usual and ordinary conduct of its business, but which property or land the railroad company is willing to deed to the state for highway purposes in exchange for a like amount of land within a reasonable distance, the state, through the department, may acquire by purchase, agreement or by exercise of the power of eminent domain, an equal amount of land or property within a reasonable distance. After having acquired such land or property, the state, through the department, may convey the same to the railroad company in exchange for the land or property needed and required from the railroad company for highway purposes. The difference in the value of the respective parcels of land shall be considered by the department in making the exchange. [Amended by 1965 c.383 �1; 1999 c.59 �100]

�� 366.337 Exchange of certain parcels of land authorized. The Department of Transportation, in the name of the State of Oregon, hereby is authorized to convey to any person, firm or corporation all or parts of the real properties described in section 1, chapter 21, Oregon Laws 1953, in exchange for other real properties in close proximity thereto which, in the judgment of the department, are of equal or superior useful value for public use. [1953 c.21 �2]

�� 366.340 Acquisition of real property generally. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, including any easement or right of access, deemed necessary for:

�� (1) Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and broadcasting stations.

�� (2) Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, connecting roads, frontage road, highway drainage and drainage tunnels.

�� (3) Maintenance of an unobstructed view of any state highway so as to provide for the safety of the traveling public.

�� (4) Any other use or purpose deemed necessary for carrying out the purposes of this Act.

�� (5) Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state highways. [Amended by 1953 c.252 �2]

�� 366.345 [Amended by 1957 c.392 �1; 1963 c.601 �2; renumbered 390.110]

�� 366.350 [Amended by 1959 c.611 �3; 1963 c.601 �3; renumbered 390.160]

�� 366.355 [Renumbered 390.210]

�� 366.360 Taking fee simple title. In all cases where title to real property is acquired by the Department of Transportation either by donation, agreement or exercise of the power of eminent domain, a title in fee simple may be taken.

�� 366.365 Going upon private property; rules. (1) The Department of Transportation may go upon private property in the manner provided by ORS 35.220 to determine the advisability or practicability of locating and constructing a highway over the property or the source, suitability or availability of road-building materials thereon.

�� (2)(a) The department may go upon private property in the manner provided by ORS 35.220 to inspect a tree that the department believes may potentially pose an immediate and substantial risk of damage or injury because the tree is obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

�� (b) If after inspecting the tree the department believes that the tree presents a potential risk as described in paragraph (a) of this subsection, the department may request that an arborist certified by the International Society of Arboriculture conduct a technical evaluation, as defined by the department by rule, of the tree.

�� (c) If the arborist determines after conducting a technical evaluation that the tree presents an immediate and substantial risk of damage or injury, the department may immediately cut down the tree.

�� (3) The department may go upon private property to cut down or remove trees located on the property without notifying the property owner if the department has determined that the trees create an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

�� (4) Within a reasonable amount of time after the department cuts down or removes trees in the manner provided by subsection (2) or (3) of this section, the department shall locate the property owner and notify the property owner of the department�s actions. The department may establish the process of notification by rule. [Amended by 1953 c.252 �2; 2003 c.477 �5; 2005 c.22 �259; 2009 c.130 �1; 2012 c.56 �3]

�� 366.366 Removal of trees. Notwithstanding any city, county or other local government charter or ordinance, the Department of Transportation may cut down or remove trees located within a state highway right of way without first obtaining a permit. [2012 c.56 �2]

�� 366.370 [Repealed by 1971 c.741 �38]

�� 366.375 [Repealed by 1971 c.741 �38]

�� 366.380 [Amended by 1957 c.656 �1; 1959 c.339 �1; 1967 c.479 �7; repealed by 1971 c.741 �38]

�� 366.385 [Repealed by 1967 c.479 �8]

�� 366.390 [Repealed by 1971 c.741 �38]

�� 366.392 [1953 c.621 �1; subsection (2) enacted as 1961 c.404 �1; 1967 c.454 �36; repealed by 1971 c.741 �38]

�� 366.393 [1953 c.621 �2; subsection (2) enacted as 1961 c.404 �2; repealed by 1971 c.741 �38]

�� 366.394 [1967 c.479 �10; repealed by 1971 c.741 �38]

�� 366.395 Disposition or leasing of property; sale of forest products. (1) The Department of Transportation may sell, lease, exchange or otherwise dispose or permit use of real or personal property, including equipment and materials acquired by the department, title to which real or other property may have been taken either in the name of the department, or in the name of the state, and which real or personal property is, in the opinion of the department, no longer needed, required or useful for department purposes, except that real property may be leased when, in the opinion of the department, such real property will not be needed, required or useful for department purposes during the leasing period. The department may exchange property as provided in subsection (3) of this section regardless of whether the property is needed by, required by or useful to the department if, in the judgment of the department, doing so will best serve the interests of the state.

�� (2) The department may sell, lease, exchange or otherwise dispose of such real or personal property in such manner as, in the judgment of the department, will best serve the interests of the state and will most adequately conserve highway funds or the department�s account or fund for the real or personal property. In the case of real property, interest in or title to the same may be conveyed by deed or other instrument executed in the name of the state, by and through the department. All funds or money derived from the sale or lease of any such property shall be paid by the department to the State Treasurer with instructions to the State Treasurer to credit such funds or moneys:

�� (a) To the highway fund; or

�� (b) To the department�s account or fund for the property. The State Treasurer shall credit the funds and moneys so received as the department shall direct.

�� (3) Property described in subsection (1) of this section may be exchanged for other property or for services. As used in this subsection, �services� includes, but is not limited to, public improvements as defined in ORS 279A.010.

�� (4)(a) Before offering forest products for sale the department shall cause the forest products to be appraised.

�� (b) If the appraised value of the forest products exceeds $50,000, the department may not sell them to a private person, firm or corporation except after a public auction to receive competitive bids. Prior to a public auction, the department shall give notice of the auction not less than once a week for three consecutive weeks by publication in one or more newspapers of general circulation in the county in which the forest products are located and by any other means of communication that the department deems advisable. The department shall provide the minimum bid price and a brief statement of the terms and conditions of the sale in the notice.

�� (c) Notice and competitive bidding under paragraph (b) of this subsection is not required if the Director of Transportation declares an emergency to exist that requires the immediate removal of the timber. If an emergency has been so declared:

�� (A) Then the timber, regardless of value, may be sold by a negotiated price; and

�� (B) The director shall make available for public inspection a written statement giving the reasons for declaring the emergency.

�� (5) The department�s account or fund for the forest product shall be credited with the proceeds of the sale. [Amended by 1953 c.252 �2; 1971 c.279 �1; 1983 c.26 �1; 1989 c.904 �60; 1993 c.741 �40; 2005 c.32 �1; 2012 c.56 �4]

�� 366.400 Execution of contracts. The Department of Transportation may enter into all contracts deemed necessary for the construction, maintenance, operation, improvement or betterment of highways or for the accomplishment of the purposes of this Act. All contracts executed by the department shall be made in the name of the state, by and through the department. [Amended by 1953 c.252 �2; 1975 c.771 �24]

�� 366.405 [Amended by 1953 c.252 �2; repealed by 1975 c.771 �33]

�� 366.410 [Repealed by 1975 c.771 �33]

�� 366.415 [Amended by 1967 c.454 �37; 1969 c.423 �2; repealed by 1975 c.771 �33]

�� 366.420 [Repealed by 1975 c.771 �33]

�� 366.425 Deposit of moneys for highway work. (1) Any county, city or road district of the state or any person, firm or corporation may deposit moneys in the State Treasury or may deposit with the Department of Transportation an irrevocable letter of credit approved by the department for laying out, surveying, locating, grading, surfacing, repairing or doing other work upon any public highway within the state under the direction of the department. When any money or a letter of credit is deposited with the department under this subsection, the department shall proceed with the proposed highway project.

�� (2) Money deposited under subsection (1) of this section shall be disbursed for the purpose for which it was deposited upon a voucher approved by the department and a warrant. [Amended by 1967 c.454 �38; 1979 c.365 �1]

�� 366.430 [Amended by 1953 c.252 �2; repealed by 1969 c.429 �6]

�� 366.435 Auditing and allowing claims. The Department of Transportation may allow all claims legally payable out of the highway fund. The department shall, if satisfied as to the correctness and validity of a claim, indorse approval thereon. When claims have been approved and indorsed by the fiscal officer of the department, they shall be filed with the fiscal officer of the department, who shall audit and pay the same out of the highway fund. [Amended by 1953 c.252 �2; 1967 c.454 �39]

�� 366.440 [Repealed by 2015 c.138 �11]

�� 366.445 Repair of damaged highways. The Department of Transportation may repair or cause to be repaired at once any state highway which has been damaged by slides, flood or other catastrophe so that the highway may be immediately reopened to traffic. To accomplish the reopening of the highway the department may, if it is deemed for the best interests of the state, proceed at once to remove the slide or to repair the damage with the department�s own forces, or with other available forces. The department may cause such work to be done by contract without calling for competitive bids.

�� 366.450 Road signs. The Department of Transportation may erect and maintain such directional road and other signs on the state highways at such places and of such material and design as it selects. [Amended by 1957 c.663 �1]

�� 366.455 Removing unlawful signs and structures. The Department of Transportation may take down and remove from the right of way of any state highway any sign or other structure or thing erected or maintained thereon contrary to law. When removing a sign or other structure or thing the department shall follow and comply with the legal or statutory procedure provided by law. [Amended by 2007 c.199 �23]

�� 366.460 Construction of sidewalks within highway right of way. The Department of Transportation may construct and maintain within the right of way of any state highway or section thereof sidewalks, footpaths, bicycle paths or trails for horseback riding or to facilitate the driving of livestock. Before the construction of any of such facilities the department must find and declare that the construction thereof is necessary in the public interest and will contribute to the safety of pedestrians, the motoring public or persons using the highway. Such facilities shall be constructed to permit reasonable ingress and egress to abutting property lawfully entitled to such rights.

�� 366.462 Construction of fences on freeway overpasses. (1) The Department of Transportation shall construct fences on all freeway overpasses that are built on and after November 4, 1993. The fences shall be designed to deter persons from throwing objects from the overpasses onto the freeways.

�� (2) The Department of Transportation shall construct fences on existing freeway overpasses that involve the greatest risk factors. [1993 c.510 ��1,2; 2001 c.104 �125; 2017 c.750 �133]

�� Note: 366.462 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.465 Gates and stock guards. The Department of Transportation may erect and maintain gates and stock or cattle guards in state highways at such points where the highways are crossed by drift or stock fences, where such highways intersect state or government-owned highways or other public highways and at other places in the state highways as the department may deem for the best interests of the public. The department may issue permits for the erection and maintenance of the same. Any gates constructed under this section must be constructed and maintained upon the right of way and not upon the traveled portion of the highway. If gates or stock guards are constructed under this section pursuant to a permit issued by the department, then the permit may contain such conditions, obligations and requirements as the department may deem for the best interests of the general public.

�� 366.470 Agreements with railroad companies for snow removal. (1) The Department of Transportation may enter into agreements with a railroad company for the removal of snow from highway and railroad whenever a state highway is in close proximity to a railroad track and by reason thereof and in order to remove from the highway snow and ice which has blocked or threatens to block the highway to traffic it becomes necessary to cast such snow and ice upon the railroad tracks, thereby impairing or interfering with train movement and tending to block train operations. The agreement may be made during or in anticipation of any such contingency, shall be in writing and shall fix the terms and conditions under which and the extent to and manner in which the state may, in removing the snow and ice from the highway, cast it upon the railroad tracks.

�� (2) The department may procure or cause to be executed by a corporation authorized to do such business in the state, a liability policy of insurance, an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, or an undertaking running in favor of the state, the department, the railroad company and their officers and such employees of such parties as the contracting parties may designate.

�� (3) The insurance, letter of credit or undertaking:

�� (a) Shall be acceptable to the contracting parties.

�� (b) Shall in any event indemnify, protect and hold harmless the railroad company, its officers and employees designated, the state, the department, its officers and employees designated, from all claims for damage occasioned by or in connection with the removal of snow from the highway and the casting of the snow upon the railroad tracks.

�� (c) May, if so provided, reimburse either or both of the contracting parties for loss, cost and expense incurred in connection with or resulting from such work.

�� (4) The department may pay out of the highway fund the premium for the insurance or for the fee for the letter of credit and the cost and expense incurred or sustained by the railroad company and the state incident to the snow removal. [Amended by 1953 c.252 �2; 1991 c.331 �58; 1997 c.631 �466]

�� 366.475 [Amended by 1979 c.104 �1; repealed by 1983 c.324 �59]

�� 366.480 Destruction of vouchers. The Department of Transportation may from time to time destroy copies of vouchers which have ceased to possess any record value or serve any purpose and which have been in the files and custody of the department for a period of at least 10 years.

�� 366.483 Transfer of jurisdiction of certain highways. (1) In accordance with ORS 374.329, the Department of Transportation shall transfer jurisdiction of the following state highways to the following cities:

�� (a) Pacific Highway West, State Highway 99, from the department to the City of Eugene. The department shall transfer the following two portions:

�� (A) The portion beginning where the highway intersects with the Beltline Highway and ending where the highway intersects with Washington Street, but excluding the bridge at milepost 121.42.

�� (B) The portion beginning where the highway intersects with Walnut Street and ending where the highway intersects with Interstate 5, but excluding the bridge at milepost 126.02.

�� (b) Springfield Highway, State Highway 228 to the City of Springfield.

�� (2) Notwithstanding section 71d (4), chapter 750, Oregon Laws 2017, the department shall use the funds described in section 71d, chapter 750, Oregon Laws 2017, for the transfer of Powell Boulevard to upgrade the portion of Southeast Powell Boulevard beginning where the highway intersects with Interstate 205 and ending where the highway intersects with the city limits. After the upgrades are completed, in accordance with ORS 374.329, the department shall transfer jurisdiction of the upgraded portion to the City of Portland. The department may upgrade and transfer portions of the highway in phases.

�� (3) In accordance with ORS 366.290:

�� (a) The department shall transfer jurisdiction of the portion of Territorial Highway, State Highway 200, that is located within Lane County from the department to the county. The department may transfer portions of the highway in phases. The department shall retain jurisdiction of bridges on Territorial Highway located at milepoints 4.59, 7.07, 17.92, 18.72, 18.98, 19.28 and 25.49. The department shall transfer the jurisdiction of the bridges after the bridges are replaced.

�� (b) The department shall transfer jurisdiction of the portion of the Springfield-Creswell Highway, State Highway 222, beginning where it intersects with Jasper-Lowell Road and ending where it intersects with Emerald Parkway to Lane County. The department shall retain jurisdiction of bridges on Springfield-Creswell Highway located at mileposts 5.20, 5.41, 5.64 and 13.36. The department shall transfer the jurisdiction of a bridge after the bridge is replaced.

�� (c) Lane County shall transfer jurisdiction of the portion of Delta Highway beginning where the highway intersects with Interstate 105 and ending where the highway intersects with the Randy Pape Beltline from the county to the department.

�� (d) Multnomah County and Washington County shall transfer jurisdiction of the portion of Cornelius Pass Road beginning where the highway intersects with U.S. Highway 30 and ending where the highway intersects with U.S. Highway 26 from the counties to the department. The counties may transfer portions of the highway in phases. [2017 c.750 �134; 2018 c.93 �35]

�� Note: 366.483 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.485 [Repealed by 1975 c.605 �33]

ROADSIDE REST AREAS

�� 366.486 Construction of roadside rest area facilities for persons with disabilities. When a new roadside rest area is established adjacent to or within the right of way of a state highway, or when rest room facilities are constructed in an existing roadside rest area adjacent to or within the right of way of a state highway, a separate rest room facility for persons with disabilities of both sexes shall be constructed. The facility shall meet all requirements of ORS 447.210 to 447.280. [1993 c.738 �1; 2007 c.70 �152]

�� Note: 366.486, 366.487 and 366.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.487 Use of roadside rest area rest rooms by persons with disabilities. (1) If a roadside rest area adjacent to or within the right of way of a state highway does not have a separate rest room facility for persons with disabilities of both sexes, a person with a disability and a person of the opposite sex who is accompanying a person with a disability for the purpose of assisting the person with a disability in using the rest room may enter any existing rest room. Prior to entering the rest room, the assisting person shall receive permission from anyone who is in the rest room.

�� (2) A sign shall be posted outside all rest room facilities subject to the provisions of subsection (1) of this section stating that attendants of the opposite sex may accompany or be accompanied by persons with disabilities into any rest room. The sign shall include appropriate graphics. [1993 c.738 �2; 2007 c.70 �153]

�� Note: See note under 366.486.

�� 366.490 Coffee and cookies at roadside rest areas; rules. (1) The Department of Transportation shall establish by rule a permit program allowing nonprofit organizations to provide free coffee or other nonalcoholic beverages and cookies at roadside rest areas managed by the department. Cookies offered under the program must come from a licensed facility. Rules adopted under this section may not restrict the program to any particular days of the year.

�� (2) An organization may apply for a permit to provide coffee, other beverages and cookies at a rest area managed by the department by submitting a written request to an employee of the department designated by the department. The request shall specify the day on which the organization wishes to offer the beverages and cookies and the specific rest area where they will be offered. The request shall be submitted not more than 60 days prior to the date requested.

�� (3) The department shall issue a permit to the selected organization not less than 30 days in advance of the date for which the permit is issued. If there is more than one request for the same date and the same place, the department shall select one organization by random drawing and shall issue the permit to that organization.

�� (4) The department may not issue more than one permit for the same time and place.

�� (5) An organization that receives a permit shall confine distribution of coffee, other beverages or cookies to an area of the rest area designated in the permit or by the rest area attendant. The organization may not obstruct access to any building or other structure in the rest area.

�� (6) An organization providing coffee, other beverages or cookies may receive donations.

�� (7) An organization may post signs identifying the organization and the activity, provided that each sign is not more than 10 square feet in area and there are not more than two signs. The signs may be placed only on vehicles used in connection with the provision of beverages and cookies or located in the area designated for the activity.

�� (8) The department may revoke the permit of any organization that fails to comply with the provisions of this section or with rules adopted by the department to implement the provisions.

�� (9) Rules adopted by the department under this section do not apply to roadside rest areas managed by the Travel Information Council pursuant to ORS 377.841. [1993 c.738 �3; 2005 c.256 �1; 2012 c.63 �9]

�� Note: See note under 366.486.

�� 366.493 Rules regarding health and safety. The Oregon Transportation Commission may adopt rules governing health and safety in roadside rest areas and scenic overlooks under the jurisdiction of the Department of Transportation. [2009 c.99 �2]

STATE HIGHWAY FUND

�� 366.505 Composition and use of highway fund. (1) The State Highway Fund shall consist of:

�� (a) All moneys and revenues derived under and by virtue of the sale of bonds, the sale of which is authorized by law and the proceeds thereof to be dedicated to highway purposes.

�� (b) All moneys and revenues accruing from the licensing of motor vehicles, operators and chauffeurs.

�� (c) Moneys and revenues derived from any tax levied upon gasoline, distillate, liberty fuel or other volatile and inflammable liquid fuels, except moneys and revenues described in ORS 184.642 (2)(a) that become part of the Department of Transportation Operating Fund.

�� (d) Moneys and revenues derived from the road usage charges imposed under ORS 319.885.

�� (e) Moneys and revenues derived from the use tax imposed under ORS 320.410.

�� (f) Moneys and revenues derived from or made available by the federal government for road construction, maintenance or betterment purposes.

�� (g) All moneys and revenues received from all other sources which by law are allocated or dedicated for highway purposes.

�� (2) The State Highway Fund shall be deemed and held as a trust fund, separate and distinct from the General Fund, and may be used only for the purposes authorized by law and is continually appropriated for such purposes.

�� (3) Moneys in the State Highway Fund may be invested as provided in ORS 293.701 to 293.857. All interest earnings on any of the funds designated in subsection (1) of this section shall be placed to the credit of the highway fund. [Amended by 1953 c.125 �5; 1989 c.966 �43; 2001 c.820 �5; 2009 c.821 �30a; 2013 c.781 �22; 2017 c.750 �116]

�� 366.506 Highway cost allocation study; purposes; design; report; use of report by Legislative Assembly. (1) Once every two years, the Oregon Department of Administrative Services shall conduct a highway cost allocation study. The purpose of the study is to determine:

�� (a) The proportionate share that the users of each class of vehicle should pay for the costs of maintenance, operation and improvement of the highways, roads and streets in the state; and

�� (b) Whether the users of each class are paying that share.

�� (2) Each study must include:

�� (a) An examination of the most recent study period for which actual data are available for the purpose of determining the accuracy of the most recently published study results; and

�� (b) An examination of the prospective study period based on projected data for the purpose described in subsection (1) of this section.

�� (3) The department may use any study design the department determines will best accomplish the purposes stated in subsection (1) of this section. In designing the study, the department may make decisions that include, but are not limited to, the methodology to be used for the study, what constitutes a class of vehicle for purposes of collection of data under subsections (1) to (5) of this section and the nature and scope of costs that will be included in the study.

�� (4) The department may appoint a study review team to participate in the study required by subsection (1) of this section. The team may perform any functions assigned by the department, including, but not limited to, consulting on the design of the study.

�� (5) A report on the results of the study shall be submitted to the legislative revenue committees and the Joint Committee on Transportation by January 31 of each odd-numbered year.

�� (6) The Legislative Assembly shall use the report described in subsection (5) of this section to determine whether adjustments to revenue sources described in Article IX, section 3a (3), of the Oregon Constitution, are needed in order to carry out the purposes of Article IX, section 3a (3), of the Oregon Constitution. If such adjustments are needed, the Legislative Assembly shall enact whatever measures are necessary to make the adjustments. [2003 c.755 ��1,2; 2023 c.545 �7]

�� Note: 366.506 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� Note: 366.506 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.507 Modernization program; funding; conditions and criteria. The Department of Transportation shall use an amount equal to the amount of moneys in the State Highway Fund that becomes available for its use from the increase in tax rates created by the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15, chapter 209, Oregon Laws 1985, and an amount equal to one-third of the amount of moneys in the State Highway Fund that becomes available for its use from any increase in tax rates created by the amendments to ORS

ORS 367.804

367.804, the Department of Transportation may:

�� (a) Enter into any agreement or any configuration of agreements relating to transportation projects with any private entity or unit of government or any configuration of private entities and units of government. The subject of agreements entered into under this section may include, but need not be limited to, planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing and operation of transportation projects.

�� (b) Include in any agreement entered into under this section any financing mechanisms, including but not limited to the imposition and collection of franchise fees or user fees and the development or use of other revenue sources.

�� (2) As part of the Oregon Innovative Partnerships Program established under ORS 367.804, the department shall enter into agreements to undertake transportation projects the subjects of which include the application of technology standards to determine whether to certify technology, the collection of metered use data, tax processing and account management, as these subjects relate to the operation of a road usage charge system pursuant to ORS 319.883 to 319.946.

�� (3) The agreements among the public and private sector partners entered into under this section must specify at least the following:

�� (a) At what point in the transportation project public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;

�� (b) How the partners will share management of the risks of the project;

�� (c) How the partners will share the costs of development of the project;

�� (d) How the partners will allocate financial responsibility for cost overruns;

�� (e) The penalties for nonperformance;

�� (f) The incentives for performance;

�� (g) The accounting and auditing standards to be used to evaluate work on the project; and

�� (h) Whether the project is consistent with the plan developed by the Oregon Transportation Commission under ORS 184.617 and any applicable regional transportation plans or local transportation system programs and, if not consistent, how and when the project will become consistent with applicable plans and programs.

�� (4) The department may, either separately or in combination with any other unit of government, enter into working agreements, coordination agreements or similar implementation agreements to carry out the joint implementation of any transportation project selected under ORS 367.804.

�� (5) Except for ORS 383.015 and 383.019, the provisions of ORS 383.001 to 383.245 apply to any tollway project entered into under ORS 367.800 to 367.824.

�� (6) The provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to concepts or proposals submitted under ORS 367.804, or to agreements entered into under this section, except that if public moneys are used to pay any costs of construction of public works that is part of a project, the provisions of ORS 279C.800 to 279C.870 apply to the public works. In addition, if public moneys are used to pay any costs of construction of public works that is part of a project, the construction contract for the public works must contain provisions that require the payment of workers under the contract in accordance with ORS 279C.540 and 279C.800 to 279C.870.

�� (7)(a) The department may not enter into an agreement under this section until the agreement is reviewed and approved by the Oregon Transportation Commission.

�� (b) The department may not enter into, and the commission may not approve, an agreement under this section for the construction of a public improvement as part of a transportation project unless the agreement provides for bonding, financial guarantees, deposits or the posting of other security to secure the payment of laborers, subcontractors and suppliers who perform work or provide materials as part of the project.

�� (c) Before presenting an agreement to the commission for approval under this subsection, the department must consider whether to implement procedures to promote competition among subcontractors for any subcontracts to be let in connection with the transportation project. As part of its request for approval of the agreement, the department shall report in writing to the commission its conclusions regarding the appropriateness of implementing such procedures.

�� (8)(a) Except as provided in paragraph (b) of this subsection, documents, communications and information developed, exchanged or compiled in the course of negotiating an agreement with a private entity under this section are exempt from disclosure under ORS 192.311 to 192.478.

�� (b) The documents, communications or information described in paragraph (a) of this subsection are subject to disclosure under ORS 192.311 to 192.478 when the documents, communications or information are submitted to the commission in connection with its review and approval of a transportation project under subsection (7) of this section.

�� (9) The terms of a final agreement entered into under this section and the terms of a proposed agreement presented to the commission for review and approval under subsection (7) of this section are subject to disclosure under ORS 192.311 to 192.478.

�� (10) As used in this section:

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

�� (b) �Public works� has the meaning given that term in ORS 279C.800. [2003 c.790 ��4,4b; 2007 c.531 �13; 2013 c.781 �25; 2017 c.750 �29; 2021 c.630 �158]

�� Note: See note under 367.800.

�� 367.808 Evaluation of proposed agreements; role of Attorney General. (1) At the request of the Department of Transportation, the Attorney General may appoint special assistant attorneys general for the purpose of evaluating partnership agreements entered into or to be entered into as part of the program established under ORS 367.804. The special assistant attorneys general shall be under the direction and control of the Attorney General and may:

�� (a) Advise the Department of Transportation concerning the legality of specific proposed partnerships;

�� (b) Advise the department on legal procedures and practices related to implementation of specific projects that use a partnership;

�� (c) Assist the department in negotiating partnership agreements;

�� (d) Assist the department in preparing any document related to a specific partnership;

�� (e) Advise the department regarding accounting, investment and tax requirements applicable to specific projects that use a partnership; and

�� (f) Advise the department regarding any relevant federal securities or other laws and related disclosure requirements.

�� (2) When the Attorney General, as part of the review under ORS 291.047, reviews an agreement entered into under ORS 367.806, the Attorney General shall:

�� (a) Recognize that the agreement is the product of a partnership; and

�� (b) Defer to the business judgment of the department and the Oregon Transportation Commission concerning the assignment of risks and the incentives provided within the agreement. [2003 c.790 �5]

�� Note: See note under 367.800.

�� 367.810 State Transportation Enterprise Fund. (1) The State Transportation Enterprise Fund is established separate and distinct from the General Fund. Interest earned by the State Transportation Enterprise Fund shall be credited to the fund.

�� (2) The following moneys shall be deposited into the State Transportation Enterprise Fund:

�� (a) Proceeds from bonds or other financing instruments issued under the provisions of ORS 367.800 to 367.824;

�� (b) Revenues received from any transportation project developed under the program established under ORS 367.804; and

�� (c) Any other moneys that are by donation, grant, contract, law or other means transferred, allocated or appropriated to the fund.

�� (3) Moneys in the State Transportation Enterprise Fund are continuously appropriated to the Department of Transportation for the purpose of carrying out the provisions of ORS 367.800 to 367.824 and implementing all or portions of any transportation project developed under the program established under ORS 367.804.

�� (4) Moneys in the State Transportation Enterprise Fund that are transferred from the State Highway Fund or from any one of the sources that comprise the State Highway Fund as specified in ORS 366.505 and that are revenue under section 3a, Article IX of the Oregon Constitution, may be used only for purposes authorized by section 3a, Article IX of the Oregon Constitution.

�� (5) The department shall establish a separate account in the State Transportation Enterprise Fund for each transportation project that is undertaken under the program established under ORS 367.804. Except as provided in subsection (4) of this section, the department may pledge moneys in the State Transportation Enterprise Fund to secure revenue bonds or any other debt obligations relating to the transportation project for which the account is established.

�� (6) Moneys in an account established under subsection (5) of this section shall be used as provided in any agreement applicable to the transportation project for which the account is established. [2003 c.790 �6]

�� Note: See note under 367.800.

�� 367.812 Bonds secured by State Transportation Enterprise Fund; financing of transportation projects. (1) In addition to any authority to issue and sell bonds and other similar obligations, this section establishes continuing authority for the State Treasurer to issue and sell bonds and other similar obligations, at the request of the Department of Transportation, in a manner consistent with this section. To finance any transportation project in whole or in part, the department may request that the State Treasurer issue revenue bonds on behalf of the department. Revenue bonds authorized under this section shall be issued in accordance with the applicable provisions of ORS chapter 286A. The bonds shall be secured by a pledge of, and a lien on, and shall be payable only from moneys in the State Transportation Enterprise Fund established by ORS 367.810 and any other revenues specifically pledged to repayment of the bonds. Such a pledge by the department of its revenues creates a lien that is valid and binding from the time the pledge is made as provided in ORS 286A.102. Revenue bonds issued pursuant to this section are not general obligations of the state and are not secured by or payable from any funds or assets of the state other than the moneys and revenues specifically pledged to the repayment of such revenue bonds.

�� (2) Moneys received from the issuance of revenue bonds or other debt obligations, including any investment earnings thereon, may be expended:

�� (a) For the purpose of financing the costs of the transportation project for which the bonds are issued;

�� (b) To pay the costs and other administrative expenses of the bonds;

�� (c) To pay the costs of credit enhancement or to fund any reserves determined to be necessary or advantageous in connection with the revenue bonds; and

�� (d) To reimburse the department for any costs related to carrying out the purposes of the program established under ORS 367.804.

�� (3) Any transportation project may be financed in whole or in part with:

�� (a) The proceeds of grant anticipation revenue bonds authorized by 23 U.S.C. 122 and applicable state law.

�� (b) Grants, loans, loan guarantees, lines of credit, revolving lines of credit or other financing arrangements available pursuant to the Transportation Infrastructure Finance and Innovation Act under 23 U.S.C. 181 et seq., or any other applicable federal law.

�� (c) Infrastructure loans or assistance from the Oregon Transportation Infrastructure Fund established by ORS 367.015.

�� (4) As security for the payment of financing described in subsection (3) of this section, the revenues from the project may be pledged, but no such pledge of revenues constitutes in any manner or to any extent a general obligation of the state. Any financing described in subsection (3) of this section may be structured on a senior, parity or subordinate basis to any other financing. [2003 c.790 �7; 2007 c.783 �174]

�� Note: See note under 367.800.

�� 367.814 Moneys from federal government or other sources. (1) The Department of Transportation or a unit of government may accept from the United States or any of its agencies such funds as are available to this state or to the unit of government for carrying out the purposes of ORS 367.800 to 367.824, whether the funds are made available by grant, loan or other financing arrangement. The department or unit of government may enter into such agreements and other arrangements with the United States or any of its agencies as may be necessary, proper and convenient for carrying out the purposes of ORS 367.800 to 367.824.

�� (2) The department or a unit of government may accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other valuable thing made to the State of Oregon, the department or the unit of government for carrying out the purposes of ORS

ORS 37.070

37.070 and fulfills such other requirements as are required by statute or imposed by the court.

�� (b) Following the appointment, give effect to orders, judgments and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable.

�� (4) The venue of an action described in subsection (3) of this section may be any county in which the receiver appointed in the foreign action resides or maintains an office, or any county in which any property over which the receiver is to be appointed is located at the time the action is commenced.

�� (5)(a) An order appointing a receiver must reasonably describe the property over which the receiver is to take charge, by category, individual items or any combination thereof, if the receiver is appointed over less than all of a person�s property.

�� (b) An order appointing a receiver may appoint the receiver over all of a person�s property, wherever located.

�� (c) An order that appoints a receiver over a person and does not describe the property over which the receiver is to take charge is construed to appoint the receiver over all of the person�s property, except for property not subject to receivership under ORS 37.050.

�� (6) A court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver�s appointment, in such amount as the court may specify, for the payment of costs incurred or damages suffered by any person if a receivership is determined to be wrongfully obtained. [2017 c.358 �6]

�� 37.070 Eligibility to serve as receiver. (1) Any person, whether or not a resident of this state, may serve as a receiver, except for:

�� (a) An entity that is not authorized to conduct business in this state;

�� (b) A person who has been convicted of a crime involving moral turpitude, or is controlled by a person who has been convicted of a crime involving moral turpitude; and

�� (c) The sheriff of any county, except as expressly permitted by statute.

�� (2) If a court appoints an entity as a receiver, the court may require a specific individual to appear in the receivership on behalf of the entity. [2017 c.358 �7]

�� 37.080 Required disclosures relating to conflicts of interest. A court may not appoint a person as a receiver unless the person first:

�� (1) Discloses whether the person:

�� (a) Is an affiliate of a party to the receivership;

�� (b) Has an interest materially adverse to an interest of a party to the receivership;

�� (c) Has a material financial interest in the outcome of the action, other than compensation approved by the court;

�� (d) Has a debtor-creditor relationship with the owner; or

�� (e) Holds an equity interest in a party to the receivership, other than a noncontrolling interest in a publicly traded company; and

�� (2) Affirms under oath that the person�s disclosure under subsection (1) of this section is true and complete. [2017 c.358 �8]

�� 37.090 Receiver�s bond, alternative security or insurance. (1) Except as otherwise provided by law, a court may, at any time before or during the service of a receiver, require a receiver or person nominated as a receiver to post a bond that:

�� (a) Is conditioned on the faithful discharge of the receiver�s duties;

�� (b) Is in an amount that is determined by the court to be adequate to secure payment of any costs, damages and attorney fees that may be sustained or suffered by any person due to a wrongful act of the receiver; and

�� (c) Has one or more sureties that meet the qualifications set forth in ORCP 82 D or that are approved by the court.

�� (2) Except as otherwise provided by law, the court may require the posting of alternative security in lieu of a bond, such as a letter of credit or a deposit of funds with the clerk of the court, to be held to secure the receiver�s faithful performance of the receiver�s duties until the court authorizes the release or return of the alternative security. The court shall remit any interest that may accrue on a deposit under this subsection to the receiver upon the receiver�s discharge.

�� (3) Except as otherwise provided by law, the court may require the receiver or person nominated as receiver to carry an insurance policy with coverage and limits determined by the court in lieu of a bond.

�� (4) A receiver may charge the cost of a bond, alternative security or insurance policy required by the court under this section against the estate.

�� (5) The court may authorize a receiver to act before the receiver posts a required bond or alternative security or acquires a required insurance policy. [2017 c.358 �9]

�� 37.100 Exclusive jurisdiction of appointing court. (1) The court appointing a receiver has:

�� (a) Exclusive authority over the receiver;

�� (b) Exclusive jurisdiction over and right to control all real property and all tangible and intangible personal property constituting the estate, wherever located, to the full extent of the court�s jurisdiction; and

�� (c) Exclusive jurisdiction to determine all controversies relating to the collection, preservation, application and distribution of the estate and all claims against the receiver arising out of the exercise of the receiver�s powers or the performance of the receiver�s duties.

�� (2) Notwithstanding subsection (1) of this section, if any part of the estate is subject to the jurisdiction of another court under ORS 107.105, the court appointing the receiver may not exercise authority over such part of the estate unless expressly permitted by order of the other court. [2017 c.358 �10]

�� 37.110 Powers of receiver. (1) The court appointing a receiver may confer upon the receiver the power to perform any of the following actions, in any combination:

�� (a) Collect, control, manage, conserve and protect estate property;

�� (b) Operate a business constituting estate property, including preservation, use, sale, lease, license, exchange, collection or disposition of property in the ordinary course of business;

�� (c) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver�s preservation, use, sale, lease, license, exchange, collection or disposition of estate property;

�� (d) Assert a right, claim, cause of action or defense of the owner that relates to estate property;

�� (e) Assert in the name of the receiver any claim under ORS 95.200 to 95.310 assertible by any creditor of the owner;

�� (f) Seek and obtain instruction from the court concerning estate property, exercise of the receiver�s powers and performance of the receiver�s duties;

�� (g) On subpoena, compel a person to submit to examination under oath in the manner of a deposition in a civil case, or to produce and permit inspection and copying of designated records or tangible things, with respect to estate property or any other matter that may affect administration of the receivership;

�� (h) Engage and pay compensation to one or more professionals under ORS 37.310;

�� (i) Apply to a court of another state for appointment as ancillary receiver with respect to estate property in that state under ORS 37.390;

�� (j) Incur debt for the use or benefit of estate property other than in the ordinary course of business under ORS 37.260;

�� (k) Make improvements to estate property;

�� (L) Use or transfer estate property other than in the ordinary course of business under ORS 37.250;

�� (m) Assume an executory contract of the owner under ORS 37.240;

�� (n) Pay compensation to the receiver;

�� (o) Determine whether or not to establish a claims procedure under ORS 37.340;

�� (p) Allow or disallow a claim of a creditor under ORS 37.360;

�� (q) Make a distribution of estate property under ORS 37.370;

�� (r) Take any other action authorized under the Oregon Receivership Code; and

�� (s) Take any other actions that the court deems reasonably necessary to avoid injustice.

�� (2) The court may limit, expand or modify the powers conferred by the court on the receiver at any time.

�� (3) A receiver has powers conferred by the court under this section in addition to the powers conferred on the receiver by statute. [2017 c.358 �11]

�� 37.120 Duties of receiver. (1) A receiver shall notify all federal and state taxing and applicable regulatory agencies of the receiver�s appointment in accordance with any applicable laws imposing this duty, including 26 U.S.C. 6036.

�� (2) A receiver shall comply with applicable law.

�� (3) If appointed with respect to any real property, a receiver shall file with the recorder of the county in which the real property is located a certified copy of the order of appointment, together with a legal description of the real property if one is not included in the order.

�� (4) The court appointing a receiver may impose additional duties on the receiver at any time. The court may limit, expand or modify duties imposed by the court on a receiver at any time. [2017 c.358 �12]

�� 37.130 Turnover of property. (1) Upon demand by a receiver, a person shall turn over to the receiver any estate property within the possession, custody or control of the person.

�� (2) If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall resolve the dispute.

�� (3) A receiver may not demand a turnover of residential property without specific judicial approval, which the court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.

�� (4) If a creditor has possession or control of estate property and the validity, perfection or priority of the creditor�s lien depends on the creditor�s possession or control, the creditor may retain possession or control of the property until the court orders adequate protection of the creditor�s lien. [2017 c.358 �13]

�� 37.140 Collection by receiver of debts owed to owner. (1) Upon demand by a receiver, a person that owes a debt that is estate property and is matured or payable on demand shall pay the debt to the receiver, except to the extent that the debt is subject to setoff or recoupment.

�� (2) A person who has notice of the appointment of a receiver and owes a debt that is estate property may not satisfy the debt by payment to the owner. [2017 c.358 �14]

�� 37.150 Duties of owner. (1) An owner shall:

�� (a) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver�s duties, and comply with all orders of the court;

�� (b) Supply to the receiver information necessary to enable the receiver to complete any schedules that the receiver is required to file under ORS 37.190, and otherwise assist the receiver in the completion of the schedules;

�� (c) Upon the receiver�s appointment, deliver to the receiver all of the estate property in the person�s possession, custody or control, including accounts, books, papers, records and other documents; and

�� (d) After the receiver�s appointment, submit to examination under oath by the receiver, or by any other person upon order of the court, concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receiver�s administration of the estate.

�� (2) When the owner is an entity, each officer, director, manager, member, partner or other individual exercising or having the power to exercise control over the affairs of the entity are subject to the requirements of this section. [2017 c.358 �15]

�� 37.160 Mailing and special notice lists to be maintained by receiver. (1) A receiver shall maintain a master mailing list of the names and addresses of all parties to the receivership, all known creditors of the owner and interested persons who have filed notices of appearance in the receivership. The receiver shall make a copy of the current master mailing list available to any person on the list upon the person�s request.

�� (2)(a) A receiver shall maintain a special notice list of the names and addresses of all parties to the receivership and any other person who requests to be placed on the list. The receiver shall make a copy of the current special notice list available to any person on the list upon the person�s request.

�� (b) Any person on the special notice list may notify the receiver of the person�s preferred means of receiving notices and other communications. If the receiver is so notified, the receiver shall add the information to the special notice list. [2017 c.358 �16]

�� 37.170 Notices. (1)(a) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must:

�� (A) Serve notice on all persons specified by the provision;

�� (B) Serve notice on all persons on the special notice list;

�� (C) File notice with the court; and

�� (D) File proof of service with the court.

�� (b) If the provision does not specify to whom notice must be given, the person must give notice to all known persons whose property interests will or may be directly affected by the proposed action, as well as comply with paragraph (a)(B) to (D) of this subsection.

�� (2) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must give at least as much time notice as specified by the relevant provision, or 14 days if no time is specified.

�� (3)(a) Except as otherwise provided, notice to any person not on the special notice list must be served by first class mail or as otherwise directed by the court.

�� (b) Notice to any person on the special notice list who has specified a preferred means of receiving notice must be served by those means, except as otherwise ordered by the court.

�� (4)(a) Except as provided in ORS 37.180, whenever a provision of the Oregon Receivership Code authorizes a person to take an action after giving notice, the person may take the action without specific authorization from the court if:

�� (A) The person gives notice that describes the action that the person will take unless an objection is filed and describes a procedure for objecting to the proposed action; and

�� (B) No objections are filed.

�� (b) If an objection is filed, the court shall hear the objection and issue an order allowing, disallowing or allowing a modified form of the action.

�� (c) The court may, on its own motion, require a hearing on any proposed action.

�� (d) If a person is allowed under this subsection to take an action without specific authorization from the court, the person may nonetheless move the court for an order authorizing the action.

�� (5) The court may extend or shorten any notice periods for good cause shown.

�� (6) The court may order that notice of any proposed action be given to any person, regardless of whether such notice is otherwise required under the Oregon Receivership Code.

�� (7) In all circumstances, the court may consider motions and grant or deny relief without notice or hearing, if it appears to the court that no party to the receivership or interested person would be prejudiced or harmed by the relief requested. [2017 c.358 �17]

�� 37.180 When court order required. (1) A receiver may not take any of the following actions unless the receiver, after giving notice, obtains a court order specifically authorizing the action, except as provided in subsection (2) of this section:

�� (a) Sale or other disposition of real property;

�� (b) Use or transfer of property outside the ordinary course of business;

�� (c) Sale of a co-owner�s interest in jointly owned property;

�� (d) Assumption of an executory contract;

�� (e) Obtaining credit or incurring debt outside the ordinary course of business;

�� (f) Compromise or settlement of a controversy that might affect the distribution to creditors from the estate;

�� (g) Disallowance of all or part of a claim against the estate; and

�� (h) Termination of the receivership.

�� (2) For any action described in subsection (1)(a) to (f) of this section, a court may establish conditions under which a receiver may take the action without first obtaining an order specifically authorizing the action, if the court finds that the burden of seeking a court order is likely to outweigh the materiality of the actions under those conditions. The court may establish such conditions in the order appointing the receiver or in any other order. [2017 c.358 �18]

�� 37.190 Creditor list and inventory. (1) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a schedule of all known creditors of the owner, their last known mailing addresses, the amount and nature of their claims and whether their claims are disputed.

�� (2) If the court concludes that the estate is unlikely to be sufficient to make material distributions to unsecured creditors, the court may order that the receiver need not file a schedule as described in subsection (1) of this section. The court may order the receiver to file a schedule of any appropriate subset of creditors.

�� (3) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a true inventory of all estate property of which the receiver has taken possession, custody or control, except that the inventory need not include legal claims that are estate property. [2017 c.358 �19]

�� 37.200 Receiver�s periodic reports. (1) A receiver shall file with the court a monthly report of the receiver�s operations and financial affairs, unless the court orders a different reporting period. The receiver shall file each report no later than 30 days after the end of a reporting period. The initial report under this section must be filed no later than 60 days after the receiver is appointed, unless the court orders a different deadline.

�� (2) Each periodic report must include:

�� (a) A concise narrative summary of the receiver�s activities during the period and a description of any major upcoming events;

�� (b) Beginning and ending cash balances;

�� (c) A statement of cash receipts and disbursements;

�� (d) A statement of noncash receipts and payments;

�� (e) A statement of receipts and dispositions of estate property outside the ordinary course of business, including a description of the property, the value of the property and the amounts received from any disposition of the property;

�� (f) A statement of accounts receivable;

�� (g) A statement of fees and expenses of the receiver;

�� (h) A tax disclosure statement listing taxes due or tax deposits required, the name of the taxing agency, the date due and an explanation for any failure to make payments or deposits; and

�� (i) Any other information required by the court. [2017 c.358 �20]

�� 37.210 Claims bar date. A receiver may, after providing notice to all known creditors of the owner, set a deadline for the submission of claims by creditors. The receiver, upon court order, may disallow any claims submitted after the deadline. [2017 c.358 �21]

�� 37.220 Automatic stay of certain proceedings. (1) Except as otherwise ordered by the court, the entry of an order appointing a receiver operates as a stay, applicable to all persons, of:

�� (a) The commencement or continuation, including the issuance or employment of process, of a judicial, administrative or other action or proceeding against the owner that was or could have been commenced before the entry of the order of appointment, or to recover a claim against the owner that arose before the entry of the order of appointment;

�� (b) The enforcement, against the owner or any estate property, of a judgment entered before the entry of the order of appointment;

�� (c) Any act to obtain possession of estate property from the receiver, or to interfere with, or exercise control over, estate property;

�� (d) Any act to create, perfect or enforce any lien or claim against estate property, to the extent that the lien secures a claim against the owner that arose before the entry of the order of appointment;

�� (e) Any act to collect, assess or recover a claim against the owner that arose before the entry of the order of appointment; or

�� (f) The exercise of a right of setoff against the owner.

�� (2) The stay automatically expires as to the acts specified in subsection (1)(a), (b) and (e) of this section six months after the entry of the order of appointment, unless the stay is extended by court order.

�� (3) A person whose action or proceeding is stayed may move the court for relief from the stay, and the court shall grant such relief for good cause shown. A motion for relief from stay under this subsection is deemed granted if the court does not act on the motion within 60 days after the motion is filed. A person may move the court ex parte for an expedited hearing on a motion for relief from stay.

�� (4) Any judgment obtained against the owner or estate property after entry of the order of appointment is not a lien against estate property unless the receivership is terminated before a conveyance of the property against which the judgment would otherwise constitute a lien.

�� (5) The entry of an order appointing a receiver does not operate as a stay of:

�� (a) The continuation of a judicial or nonjudicial foreclosure action that was initiated by the party seeking the receiver�s appointment, unless otherwise ordered by the court;

�� (b) The commencement or continuation of a criminal action against the owner;

�� (c) The commencement or continuation of an action or proceeding to establish parentage, to establish or modify an order for spousal or child support or to collect spousal or child support under any order of a court;

�� (d) Any act to perfect, or to maintain or continue the perfection of, an interest in estate property if the interest perfected would be effective against a creditor of the owner holding at the time of the entry of the order of appointment either a perfected nonpurchase money security interest under ORS chapter 79A against the property, or a lien by attachment, levy or the like, including liens under ORS chapter 87, whether or not such a creditor exists, except that if perfection of an interest would require seizure of the property involved or the commencement of an action, the perfection may and must instead be accomplished by filing and serving on the receiver notice of the interest within the time fixed by law for seizure or commencement;

�� (e) The commencement or continuation of an action or proceeding by a governmental unit to enforce its police or regulatory power;

�� (f) The enforcement of a judgment, other than a money judgment, obtained in an action or proceeding by a governmental unit to enforce its police or regulatory power, or with respect to any licensure of the owner; or

�� (g) The establishment by a governmental unit of any tax liability and any appeal thereof.

�� (6) The court may void an act that violates the stay imposed by this section.

�� (7) If a person knowingly violates the stay imposed by this section, the court may:

�� (a) Award actual damages caused by the violation, reasonable attorney fees and costs; and

�� (b) Sanction the violation as civil contempt.

�� (8) The stay described in this section expires upon the termination of the receivership. [2017 c.358 �22; 2025 c.592 �111]

�� 37.230 Utility service. (1) A utility providing service to estate property may not alter, refuse or discontinue service to the property without first giving the receiver 14 days� notice of any default or intention to alter, refuse or discontinue service to estate property.

�� (2) Nothing in this section precludes the court from prohibiting the alteration or cessation of utility service if the receiver can furnish adequate assurance of payment, in the form of deposit or other security, for service to be provided after entry of the order appointing the receiver. [2017 c.358 �23]

�� 37.240 Executory contracts. (1) A receiver may, upon order of the court, assume any executory contract of the owner. A receiver may, after giving notice, reject any executory contract of the owner. The court may condition assumption or rejection of any executory contract on terms and conditions that the court deems just and proper. A receiver�s performance of an executory contract does not constitute an assumption of the contract or an agreement by the receiver to assume it, nor otherwise preclude the receiver from rejecting it.

�� (2) If a receiver assumes an executory contract, the receiver must assume the contract in its entirety.

�� (3) Any obligation or liability incurred by a receiver due to the receiver�s assumption of an executory contract is an expense of the receivership. A receiver�s rejection of an executory contract is treated as a breach of the contract occurring immediately before the receiver�s appointment, and the receiver�s right to possess or use property pursuant to an executory contract terminates upon rejection of the contract. The other party to an executory contract that is rejected by a receiver may take any necessary steps to terminate or cancel the contract. Any claims resulting from a receiver�s rejection of an executory contract must be submitted to the receiver in the manner provided for by ORS

ORS 37.350

37.350 within 30 days after the rejection.

�� (4) A receiver�s power under this section to assume an executory contract is not affected by any provision in the contract that would effect or permit a forfeiture, modification or termination of the contract on account of the receiver�s appointment, the financial condition of the owner or an assignment for the benefit of creditors by the owner.

�� (5) A receiver may not assume an executory contract of the owner without the consent of the other party to the contract if:

�� (a) Applicable law would excuse the other party from accepting performance from or rendering performance to anyone other than the owner even in the absence of any provisions in the contract expressly restricting or prohibiting an assignment of rights or duties;

�� (b) The contract is a contract to make a loan or extend credit or financial accommodations to or for the benefit of the owner, or to issue a security of the owner; or

�� (c) The contract expires by its own terms, or under applicable law, prior to the receiver�s assumption thereof.

�� (6) A receiver may not assign an executory contract lease without assuming it, unless the receiver obtains consent from all other parties to the contract.

�� (7) If the receiver rejects an executory contract for the sale of real property under which the owner is the seller and the purchaser is in possession of the real property, the sale of a real property timeshare interest under which the owner is the seller, the license of intellectual property rights under which the owner is the licensor or the lease of real property under which the owner is the lessor, then:

�� (a) The purchaser, licensee or lessee may:

�� (A) Treat the rejection as a termination of the contract, license agreement or lease; or

�� (B) Remain in possession and continue to perform all obligations arising under the contract, but offset against any payments any damages occurring on account of the rejection after it occurs.

�� (b) A purchaser of real property is entitled to receive from the receiver any deed or any other instrument of conveyance that the owner is obligated to deliver under the contract when the purchaser becomes entitled to receive it, and the deed or instrument has the same force and effect as if given by the owner.

�� (c) A purchaser, licensee or lessee who elects to remain in possession under the terms of this subsection has no claim or rights against the receiver on account of any damages arising from the receiver�s rejection except as expressly permitted by this subsection.

�� (d) A purchaser of real property who elects to treat rejection of an executory contract as a termination has a lien against the real property for the portion of the purchase price that the purchaser has paid.

�� (8)(a) If a receiver does not seek authorization from the court to assume an executory contract within 180 days after the receiver�s appointment, the receiver is deemed to have rejected the contract.

�� (b) The court may shorten or extend the time period described in paragraph (a) of this subsection for good cause shown.

�� (9) Nothing in this section affects the enforceability of prohibitions against assignment that exist under contract or applicable law. [2017 c.358 �24]

�� 37.250 Use or transfer of estate property outside ordinary course of business; transfer of co-owned property; limitation on disposition of residential property. (1) Upon court order, a receiver may use estate property outside the ordinary course of business.

�� (2) Upon court order, a receiver may transfer estate property other than in the ordinary course of business by sale, lease, license, exchange or other disposition. Unless the transfer agreement provides otherwise, a transfer under this section is free and clear of a lien of the person that obtained appointment of the receiver, any subordinate liens and any right of redemption, but is subject to any senior liens. A transfer under this section may occur by means other than a public auction sale. On motion by any party or interested person, the court may prescribe standards or procedures calculated to maximize the proceeds of the transfer.

�� (3) If a lien on estate property is extinguished by a transfer under this section, the lien attaches to the proceeds of the transfer with the same validity, perfection and priority that the extinguished lien had on the transferred property immediately before the transfer, regardless of whether the proceeds are sufficient to satisfy all obligations secured by the lien.

�� (4) A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price all or part of the allowed amount secured by the lien, if the creditor tenders sufficient funds to satisfy the reasonable expenses of transfer and any obligation secured by any senior lien extinguished by the transfer.

�� (5) A reversal or modification of an order authorizing a transfer under this section does not affect the validity of the transfer to a person that acquired the property in good faith or revive against any person any lien extinguished by the transfer, regardless of whether the transferee knew of the request for reversal or modification before the transfer, unless the court stayed the order before the transfer.

�� (6) If estate property includes an interest as a co-owner of property, the receiver has all rights and powers of a co-owner afforded by applicable law, including any rights of partition.

�� (7) If at the time of appointment of a receiver an owner holds an undivided interest in property as a tenant in common, joint tenant or tenant by the entirety, the receiver may sell both the interest that is estate property and the interest of any co-owner upon court order if the court determines that:

�� (a) Partition in kind of the property is impracticable;

�� (b) Sale of the estate�s undivided interest in the property would realize significantly less for the estate than sale of the property free and clear of the interests of the co-owner; and

�� (c) The benefit to the estate of the sale outweighs the detriment, if any, to the co-owner.

�� (8) A receiver may not sell, transfer or otherwise dispose of residential property, or an undivided interest therein, without specific judicial approval, which a court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.

�� (9) As used in this section, �good faith� means honesty in fact and the observance of reasonable commercial standards of fair dealing. [2017 c.358 �25]

�� 37.260 Receivership financing. (1) If a receiver is authorized to operate the business of a person or manage a person�s property, the receiver may obtain credit and incur debt in the ordinary course of business. Expenses related to such credit and debt are allowable under ORS 37.370 as an administrative expense of the receiver.

�� (2) Upon court order, a receiver may obtain credit or incur debt other than in the ordinary course of business. The court may allow the receiver to mortgage, pledge, hypothecate or otherwise encumber estate property as security for repayment of any debt incurred under this subsection. A creditor�s security interest may be in the form of a receiver�s certificate. [2017 c.358 �26]

�� 37.270 Recovery of costs related to secured property. A receiver may recover from property securing a secured claim the necessary costs and expenses of preserving, or disposing of, the property to the extent of any benefit to the holder of such claim, including the payment of all ad valorem property taxes with respect to the property. [2017 c.358 �27]

�� 37.280 Abandonment of property. (1) A receiver, after giving notice, may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property.

�� (2) A receiver may not abandon property in contravention of a state statute or rule that is reasonably designed to protect the public health or safety from identified hazards, including ORS chapters 465 and 466. [2017 c.358 �28]

�� 37.290 Actions by or against receiver or affecting estate property. (1) A person may not sue a receiver personally for an act or omission in administering estate property unless permitted by the court that appointed the receiver.

�� (2) A person may not initiate or continue an action seeking to dispossess the receiver of any estate property or to otherwise interfere with the receiver�s management or control of any estate property unless permitted by the court that appointed the receiver.

�� (3) Actions by or against a receiver are adjunct to the receivership. All pleadings in adjunct actions must include the case number of the receivership. All adjunct actions shall be referred to the judge assigned to the receivership action, unless:

�� (a) The court does not have jurisdiction over the adjunct action; or

�� (b) The assignment would not promote judicial efficiency.

�� (4) If an action is filed against a receiver in a court in this state other than the court in which the receivership is pending, the court in which the action is filed shall transfer the action to the court in which the receivership is pending upon the receiver�s motion if the receiver files the motion within 30 days after service of original process upon the receiver. However, if a state agency is a party to the action, the action may not be transferred under this subsection unless the agency consents to the transfer.

�� (5) The receiver may be joined or substituted as a party in any action that was pending at the time of the receiver�s appointment and in which the owner is a party, upon motion by the receiver to the court or agency in which the action is pending.

�� (6) In case of the death, removal or resignation of the receiver, an action by or against a receiver continues by or against the successor receiver or, if a successor receiver is not appointed, by or against the owner.

�� (7) Whenever the assets of any domestic or foreign entity that has been doing business in this state have been placed in the hands of a receiver, service of all process upon the entity may be made upon the receiver.

�� (8) A judgment against a receiver is not a lien on the property or funds of the receivership, and no execution may issue thereon. Upon entry of the judgment in the court in which the receivership is pending, or upon filing in the receivership of a certified copy of a judgment from another jurisdiction, the judgment is treated as an allowed claim in the receivership.

�� (9) No person other than a successor receiver duly appointed by the court has a right of action against a former receiver to recover property or the value thereof for or on behalf of the estate. [2017 c.358 �29]

�� 37.300 Personal liability of receiver. (1) A receiver may be personally liable to the owner, or a record or beneficial owner of estate property, for loss or diminution in value of or damage to estate property only if the loss, diminution or damage is caused by:

�� (a) Failure of the receiver to comply with an order of the court; or

�� (b) An act or omission for which liability could not be limited under ORS 60.047 if the receiver were an Oregon corporation.

�� (2) A receiver may be personally liable to a person other than the owner, or the record or beneficial owner of estate property, for any loss, diminution or damage caused by the receiver�s performance of the receiver�s duties, or the receiver�s authorized operation of a business, only if the loss, diminution or damage is caused by:

�� (a) Fraud by the receiver;

�� (b) An act intended by the receiver to cause loss, diminution or damage to the specific claimant; or

�� (c) An act or omission for which an officer or director of an Oregon corporation would be liable to the claimant under the same circumstances.

�� (3) Notwithstanding subsections (1) and (2) of this section, a receiver has no personal liability to any person for acts or omissions of the receiver permitted by any order of the court.

�� (4) A receiver is entitled to all defenses and immunities provided by law for an act or omission within the scope of the receiver�s appointment.

�� (5) Nothing in this section may be construed to expand any obligation or liability of a receiver under state law, common law or federal law for remediation of environmental damages or hazards. [2017 c.358 �30]

�� 37.310 Employment and compensation of professionals. (1) After giving notice, a receiver may employ attorneys, accountants, appraisers, brokers, real estate licensees, auctioneers or other professionals to represent or assist the receiver in carrying out the receiver�s duties.

�� (2) The notice given by the receiver before employing a professional must disclose:

�� (a) The identity and qualifications of the professional;

�� (b) The scope and nature of the proposed engagement;

�� (c) Any potential conflict of interest; and

�� (d) The proposed compensation.

�� (3) If an objection is filed after the receiver provides notice of the professional�s employment, the professional may continue to perform the professional�s duties while the objection is pending.

�� (4)(a) A receiver may not employ a professional who holds or represents an interest adverse to the estate, except by order of the court.

�� (b) A professional is not disqualified for employment under this subsection solely because of the professional�s employment by, representation of or other relationship with a creditor or other interested person, if the relationship is disclosed in the notice of the professional�s employment.

�� (5) Nothing in this section precludes the receiver from acting as attorney or accountant if doing so is in the best interests of the estate.

�� (6) After giving notice, the receiver may make payments to professionals for services rendered to the receiver. The notice must include an itemized billing statement indicating the time spent, billing rates of all persons who performed work to be compensated and a detailed list of expenses. [2017 c.358 �31]

�� 37.320 Participation of creditors and other interested persons in receivership; effect of receivership on nonparties. (1) Any interested person may appear in a receivership, either in person or by an attorney. Before appearing in the receivership, an interested person who is not party to the receivership must file with the court a written notice of appearance, including the name and mailing address of the interested person, and the name and address of the person�s attorney, if any, and serve a copy of the notice upon the receiver. A creditor or other interested person may be heard with respect to all matters affecting the person, whether or not the person is joined as a party to the receivership.

�� (2) Persons who receive notice of the pendency of a receivership, whether actual or constructive, and creditors or other persons submitting written claims in the receivership or otherwise appearing and participating in the receivership, are bound by the acts of the receiver with respect to management and disposition of estate property, regardless of whether they are formally joined as parties to the receivership.

�� (3) Any person having a claim against or interest in estate property and having actual or constructive knowledge of the receivership is bound by acts of the receiver or orders of the court with respect to the treatment of claims and disposition of estate property, including sales of property free and clear of liens, regardless of whether the person receives written notice from the receiver and regardless of whether the person appears in the receivership.

�� (4) A person duly notified by the receiver of a proposed act by the receiver is bound with respect to the act, regardless of whether the person objected to the act or is joined formally as a party in the receivership.

�� (5) As used in this section, �bound� means barred from bringing a motion or proceeding to contest an act or order, either within or outside of the receivership. [2017 c.358 �32]

�� 37.330 Initial notice to creditors and other interested persons. (1) A receiver shall, within 30 days after the receiver�s appointment, provide notice of the receivership to all known creditors of the owner and any other known interested persons that includes:

�� (a) The date of appointment of the receiver;

�� (b) The name of the court and the case number of the receivership;

�� (c) The deadline for the submission of claims by creditors, if known;

�� (d) The name and address of the owner;

�� (e) The name and address of the receiver and receiver�s attorney, if any;

�� (f) A procedure for notifying the receiver if the recipient is represented by an attorney;

�� (g) A procedure for being placed on the special notice list; and

�� (h) A statement that the person may not receive notice of all further proceedings in the receivership unless the person requests to be placed on the special notice list.

�� (2) The notice required under this section must be given by first class mail or by such other methods as the court may approve or require.

�� (3) In addition to the methods described in subsection (2) of this section, the notice required under this section must be published at least once per week for two consecutive weeks in a newspaper of general circulation in all counties in which estate property is known to be located. [2017 c.358 �33]

�� 37.340 Claims process. (1) If a receiver determines that the estate is sufficient to provide distributions to creditors, the receiver shall, upon notice, establish a claims process by sending a written document describing a claims process, including relevant dates and deadlines, to all known creditors of the owner. The receiver may prescribe forms or otherwise specify information required to be included in a claim.

�� (2) If the receiver determines that the estate is insufficient to provide distributions to creditors, the receiver may give notice that no claims process will take place in the receivership. [2017 c.358 �34]

�� 37.350 Submission of claims by creditors. (1) Claims may not be submitted until a claims process is established under ORS

ORS 372.290

372.290)]

�� 372.310 Petition for annexation of land to district. Land abutting a highway may be annexed to a highway lighting district. The petition shall set forth in addition to other matters the information required by ORS 372.040 as applied to the area proposed to be annexed. [1955 c.80 �3; 1971 c.514 �37; 1971 c.727 �112]

�� 372.320 [1955 c.80 �4; 1971 c.514 �38; repealed by 1971 c.727 �203]

�� 372.330 [1955 c.80 �5; 1971 c.514 �39; repealed by 1971 c.727 �203]

�� 372.340 [1955 c.80 �6; 1971 c.514 �40; repealed by 1971 c.727 �203]

�� 372.350 [1955 c.80 �7; repealed by 1971 c.514 �44 and 1971 c.727 �203]

�� 372.360 Appointment of board for consolidated district. In an order of consolidation or merger of two or more districts, the county board:

�� (1) Shall appoint, except as provided in subsection (2) of this section, five electors of the surviving or successor district as members of the first district board of the consolidated district.

�� (2) May appoint, if there are fewer than 10 electors registered in the consolidated district, any owner of land within the district who is also an elector of the state as defined in ORS 246.012. [1955 c.80 �8; 1971 c.514 �41; 1971 c.727 �113; 1983 c.48 �3]

�� 372.370 [1955 c.80 �9; 1971 c.514 �42; repealed by 1971 c.727 �203]

�� 372.380 [1955 c.80 �10 1971 c.514 �43; repealed by 1971 c.727 �203]

�� 372.400 Petition for withdrawal of area from district; notice; hearing. (1) The landowners within a district may petition the county board for withdrawal of a designated and described contiguous area lying along the boundary of and included in the district.

�� (2) The county board, where it appears that the petition has been signed by 10 percent of the landowners representing not less than 10 percent of the front footage abutting the highway included in the district, shall fix a time and place for hearing the petition, which time shall be not less than 31 nor more than 50 days after the date of receipt thereof. At least 10 days prior to the hearing, the county board shall publish a notice thereof by two insertions in a newspaper of general circulation in the district. [1971 c.514 �28]

�� 372.410 Petitioners to pay costs of publication, preparation and filing of revised boundary descriptions. At the time of filing the petition for withdrawal, the petitioners shall deposit with the county clerk a sum of money sufficient to defray all the costs of publication and the expenses of preparing and filing with the county board the description of the boundaries of the district remaining, should such designated area be withdrawn. The petitioners shall have notice of the filing of the petition given in writing to the secretary of the district board and shall furnish the secretary with a copy of the petition as filed within five days after it is filed. [1971 c.514 �29]

�� 372.420 Board to order withdrawal of area if remonstrance not filed; grounds for denial or granting of petition. (1) If at the time and place set for hearing upon the withdrawal petition no remonstrance is filed, either orally or in writing, the county board shall enter an order withdrawing the designated and described contiguous area from the district. If at the hearing any remonstrance is filed and after the hearing the county board is satisfied that the petition should not be granted, then the board may deny the petition or it may change the boundaries of the area proposed to be withdrawn and grant the petition. The boundaries may be reduced if such boundary change will eliminate the remonstrance filed in whole or in part, and if the county board finds that:

�� (a) The lands withdrawn could not be benefited by the district; and

�� (b) The lands remaining in the district will meet the requirements of ORS 372.030.

�� (2) If the petition is granted, the county board shall enter an order withdrawing the area from the district. [1971 c.514 �30]

�� 372.430 Withdrawn area not subject to subsequent assessments or taxes. The area withdrawn shall, after the date of entry of the withdrawal order, be free from assessments and taxes levied thereafter by the district. However, the withdrawn area shall be taxed for its proportionate share of any indebtedness existing at the time of the order. The proportionate share shall be based on the assessed valuation, according to the assessment roll in the year of the levy, of all property contained in the district immediately prior to the withdrawal. [1971 c.514 �31]

�� 372.450 District dissolution petition or resolution. Dissolution of a district may be initiated:

�� (1) By a petition for dissolution of the district, filed with the district board, signed by the owners representing not less than 50 percent of the front footage abutting the highway included in the district.

�� (2) By resolution of the district board when it determines that it is in the best interests of the inhabitants of the district that the district be dissolved and liquidated. [1971 c.514 �33]

�� 372.460 Board findings on proposed dissolution; proposed plan. (1) When the dissolution of a district is proposed, the board shall make findings of fact which shall include:

�� (a) The amount of each outstanding indebtedness, together with a general description thereof and the holders thereof, so far as known.

�� (b) The estimated cost of dissolution.

�� (c) The assets of the district.

�� (d) A detailed statement of all lands acquired by the district for delinquent taxes or delinquent assessments and the amount of the taxes and assessments on each parcel of land sold.

�� (e) All taxes or assessments unpaid and the amount upon each lot or tract of land and all other assets of the district.

�� (2) The board shall propose a plan of dissolution and liquidation which may include provision for transfer and conveyance of all assets of the district to any county service district organized under ORS chapter 451 which will assume all its outstanding indebtedness and undertake to continue to furnish service to the inhabitants of the district.

�� (3) The findings of fact and proposed plan of dissolution and liquidation shall be filed in the office of the county clerk of the county. [1971 c.514 �34]

�� 372.470 Filing of dissolution plan with county board; notice; hearing. (1) When the district board has complied with ORS 372.460, it shall thereupon file the petition or resolution with the county board of the county and request dissolution of the district in accordance with the plan. No proposal shall be filed until the assent of all known holders of valid indebtedness against the district is obtained or provision is made in the plan for payment of the nonassenting holders.

�� (2) Upon the filing of the proposal, the county board shall fix a time for, and cause notice to be given of, a hearing on the petition. The hearing shall be held not less than 30 nor more than 50 days after the date the petition is filed with the board. Notice of the hearing shall be given by:

�� (a) Posting in three public places within the district not less than 15 days prior to the hearing; and

�� (b) Publication in some newspaper of general circulation in the district once a week for three successive weeks before the hearing, making three publications, the last publication being at least five days before the hearing.

�� (3) The notice shall state the time and the place of the hearing, that it is proposed to dissolve the district and that any interested person may appear and shall be given a reasonable opportunity to be heard. The notice shall give a brief summary of the proposed plan of dissolution and liquidation and state that a copy is on file at the office of the county clerk, available for inspection. [1971 c.514 �35]

�� 372.480 Grounds for granting dissolution; assumption of district indebtedness; disposition of surplus; statement of dissolution. (1) After the hearing, if the county board determines it is in the best interest of the district to dissolve, it shall grant the petition and enter an order dissolving the district or the county board may deny the petition. If an order is entered dissolving the district, the district board shall thereupon constitute a board of trustees to dispose of the property of the district and pay its debts and obligations or procure releases thereof.

�� (2) If a county service district assumes all indebtedness of the highway lighting district and undertakes to continue to furnish service to the inhabitants pursuant to the plan of dissolution and liquidation, and if the consent of all the known holders of valid indebtedness against the district has been obtained or provision has been made in the plan for payment of the nonassenting holders, the board of trustees may convey to the county service district all assets of the highway lighting district as described by the district board under ORS

ORS 376.155

376.155, every petitioner granted use of the way of necessity shall be jointly and severally liable for any costs ordered to be paid.

�� (5) Any party to the action for a way of necessity may contest any part of the order of the county governing body in an appeal filed with the circuit court within 30 days after entry of the order of the county governing body. [1979 c.862 �5; 1989 c.674 �2; 1991 c.936 �3]

�� 376.180 Conditions for way of necessity. A way of necessity established under ORS 376.150 to 376.200 shall:

�� (1) Be located to cause the least possible damage to land across which it is located;

�� (2) Be fenced or gated if required by the county governing body;

�� (3) Not be connected to a public road in a location or manner that creates a traffic hazard or decreases the safety on the public road;

�� (4) Be established only for uses in connection with the property for which the way of necessity is sought;

�� (5) Not be subject to any use that is not described in the order establishing the way of necessity;

�� (6) Not exceed 30 feet in width unless authorized by the county governing body for engineering purposes;

�� (7) Not be connected to a public road where the rights of access to the road have been acquired by the state or a county unless the state or governing body of the county grants permission for the connection;

�� (8) Not be established if the property for which the way of necessity is sought has an existing enforceable access to a public road;

�� (9) Not be established if the petitioner for the way of necessity could acquire an easement for access to a public road through other legal action;

�� (10) Not be established for land that has been subdivided or partitioned in violation of ORS chapter 92;

�� (11) Not be established over land owned by the state or a political subdivision of the state unless permission is granted for the way of necessity under ORS 376.185; and

�� (12) Not be established for any land if the owner of the land had knowingly eliminated access to all public roads from the land by the sale of other land owned by the landowner. [1979 c.862 �6; 1991 c.936 �5; 1993 c.18 �91]

�� 376.185 Way of necessity over public land. (1) A way of necessity may not be established under ORS 376.150 to 376.200 across land owned by the state or a political subdivision of the state without the consent of the governing body of the political subdivision or of the appropriate agency of the state. The governing body of a political subdivision of this state and any agency of the state shall not unreasonably withhold consent required under this subsection.

�� (2) Whenever a way of necessity is sought over land owned by the state or a political subdivision of the state, a copy of the petition for the way of necessity, of the county report and of the notice of hearing shall be forwarded by certified mail to:

�� (a) If the political subdivision owns the land, the governing body of the political subdivision.

�� (b) If the state owns the land, to the Department of State Lands and to each agency of the state that has use or control of the land. [1979 c.862 �7; 1993 c.98 �17]

�� 376.190 Responsibility for maintenance of way of necessity; alteration limited. (1) A way of necessity that is established under ORS 376.150 to 376.200 shall be maintained and kept passable by the person owning the land for which the way of necessity is established. This subsection does not require the person to provide for maintenance of the way of necessity for uses or persons not specifically provided in the order establishing the way of necessity.

�� (2) A way of necessity established under ORS 376.150 to 376.200 shall not be altered or vacated except by the governing body of the county in which it is located and in a manner provided by law for the alteration or vacation of a public road.

�� (3) No county shall be required to work, improve, maintain or repair a way of necessity. [1979 c.862 �8; 1991 c.936 �5]

�� 376.195 Subsequent partition of land receiving way of necessity requires government approval. Land for which a way of necessity is established under ORS 376.150 to 376.200 shall not be subsequently partitioned without the approval of the city or county governing body which has partitioning authority. [1979 c.862 �9]

�� 376.197 Way of necessity to historic cemeteries. (1) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125.

�� (2)(a) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity is established to a historic cemetery listed in accordance with the provisions of ORS 97.782.

�� (b) The way of necessity established under paragraph (a) of this subsection shall:

�� (A) Be designated by the owner of the land over which the way of necessity passes; and

�� (B) Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the historic cemetery, to descendants of those persons buried in the historic cemetery and to persons interested in historical research. The reasonableness of the times designated by the property owner shall be based on the need of the property owner to make use of the property and the need of the historic cemetery visitors for family visitation, maintenance or research access to the historic cemetery. [1999 c.314 �46; 2001 c.364 �1; 2003 c.173 �9]

�� 376.200 Transfer of jurisdiction over establishment of ways of necessity to circuit court; local court rules; procedure after transfer. (1) Notwithstanding any provision of ORS 376.150 to 376.200, a county governing body may adopt an ordinance removing the county governing body from jurisdiction over the establishment of ways of necessity under ORS 376.150 to 376.200.

�� (2) If the county governing body adopts an ordinance described in subsection (1) of this section, the circuit court of that county shall have jurisdiction of the establishment of ways of necessity for that county. Except as otherwise provided in this section, a court with jurisdiction of the establishment of ways of necessity under this section shall follow the procedures for establishment of a way of necessity provided under ORS 376.150 to 376.200. The court may adopt local court rules to supplement the procedures provided under ORS 376.150 to 376.200.

�� (3) Notwithstanding ORS 376.175, if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, an appeal from the decision of the court shall be to the Court of Appeals.

�� (4) Notwithstanding ORS 376.160 (1), if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon filing a petition the petitioner shall:

�� (a) Provide for service of the petition on all persons owning land across which the way of necessity could be located; and

�� (b) Post a bond or security deposit with the court clerk in an amount required by the court to pay for the cost of the investigation and report under subsection (5) of this section.

�� (5) If jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of a petition the court shall appoint a person to investigate the proposed way of necessity and submit a written report to the court and the petitioner. The cost of the investigation and report shall be charged against the bond or security deposit posted under subsection (4) of this section. If the bond or security deposit is more than the actual cost of the investigation and report, the difference shall be refunded to the petitioner. If the bond or security deposit is less than the actual cost of the investigation and report, the petitioner shall pay to the county governing body the amount of the deficiency. A judgment of the court shall not become final until the full cost of the investigation and report has been paid.

�� (6) Notwithstanding ORS 376.160 (3), if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of the report under subsection (5) of this section, the petitioner shall serve a copy of the petition and report on all persons owning land across which the way of necessity is proposed to be located under the petition or report. [1979 c.862 �10; 1995 c.265 �1]

�� 376.205 [Repealed by 1981 c.153 �79]

�� 376.210 [Repealed by 1981 c.153 �79]

�� 376.215 [Repealed by 1981 c.153 �79]

�� 376.220 [Repealed by 1981 c.153 �79]

FOREST ROADS

�� 376.305 Policy and purpose of Act. (1) It is declared that a substantial part of the forest resources of this state are now left unharvested and are lost by reason of the excessive cost of transportation thereof to market; that substantial forest areas can be economically managed, harvested and the products thereof transported to market only by use of certain county and public roads which the counties of this state are unable to construct, improve and maintain so as to enable their safe and economical use for such purposes.

�� (2) It is declared to be the public policy of this state to conserve and develop its natural resources, to encourage and facilitate the transportation of products of the forest and the salvage and utilization of such products now being wasted, and to develop and improve certain county and other public roads for such purposes.

�� 376.310 Definitions for ORS 376.305 to 376.390. As used in ORS 376.305 to 376.390:

�� (1) �Forest road� means any county or public road, or part thereof, outside the corporate limits of a city, which is within or extends into or toward a mountainous or timbered area, and which is under the control and supervision of a county court of this state.

�� (2) �Contract forest road� means a forest road improved or maintained pursuant to a contract made under ORS 376.305 to 376.390.

�� (3) �Logging operator� means any person having the right to cut and remove timber or forest products in this state, or who is engaged or desirous of engaging in this state in the transportation of forest products, by motor vehicle, to market or processing plant.

�� (4) �Forest road contractor� means a logging operator who has entered into a contract under ORS

ORS 381.745

381.745, including but not limited to:

�� (a) Borrowing funds from the federal government, the State of Oregon, the State of Washington, a local government or a combination thereof, and repaying the borrowed funds following the opening of the bridge with the proceeds from tolls and other charges for use of the bridge, or in such other manner as the parties may agree;

�� (b) Receiving a grant from the federal government, the State of Oregon, the State of Washington, a local government or combination thereof; and

�� (c) Receiving moneys as a subrecipient of a federal, state or local government grant for which a department of transportation or local government is the grantee. To the extent permitted by the grant agreement, the departments of transportation and local governments may enter into agreements with the commission to make a portion of the grant funds available to the commission under the terms and conditions to which the parties agree.

�� (4)(a) The commission may assign or otherwise convey the commission�s properties, facilities, funds, accounts, obligations or duties to a state agency, local government or combination thereof, provided that the assignment or conveyance does not in any manner impair or affect adversely the interests or rights of the holders of any bonds or other debt instruments of the commission.

�� (b) A state agency or local government may accept an assignment or conveyance under paragraph (a) of this subsection.

�� (5) A commission may be dissolved as follows:

�� (a) Before the commission issues any bonds or other debt instrument, the board may adopt a resolution to dissolve the commission at any time upon determining that the dissolution is in the public interest. The dissolution resolution must address the methods by which all liabilities and obligations of the commission will be satisfied before the effective date of the dissolution, provided that all liabilities incurred by the commission must be satisfied exclusively from the assets and properties of the commission and no creditor or other person shall have any right of action against any local government that formed the commission on account of any debts, obligations or liabilities of the commission. The dissolution resolution must also address the distribution and transference to local governments of any properties or other assets of the commission that may remain after the satisfaction of all commission liabilities and other matters that the board deems appropriate. A resolution to dissolve a commission may not take effect until at least a majority of the local governments in each state agree in writing to the resolution.

�� (b) After the commission issues bonds or other debt instruments or if the commission is insolvent, the circuit court or superior court for the county in which the primary place of business is situated shall have jurisdiction and authority to appoint trustees or receivers of the property and assets of the commission and supervise such trusteeship or receivership, provided that all liabilities incurred by the commission be satisfied exclusively from the assets and properties of the commission and no creditor or other person shall have any right of action against a local government that formed the commission on account of any debts, obligations or liabilities of the commission. If a commission is dissolved and properties or assets of the commission remain after the satisfaction of all of the commission�s outstanding debts, obligations or liabilities, the remaining property and assets of the commission must be transferred to local governments in accordance with an order issued by the court. The allocation and transfer of the remaining properties and assets of the commission to local governments must be in such manner as the court determines is equitable and serves the public interest. [2022 c.7 �14]

�� 381.755 General provisions. (1) ORS 381.702 to 381.755 must be liberally construed to effectuate the purposes of the commission, and the powers and authority granted to the commission under ORS 381.702 to 381.755 are supplemental to all other powers and authorities granted to municipal corporations under the applicable laws described under ORS 381.745.

�� (2) A legal challenge to the formation of a commission intended to be authorized or created under ORS 381.702 to 381.755 may not be commenced more than 30 days after the effective date of a commission formation agreement. [2022 c.7 �15]

�� 381.805 [Repealed by 2007 c.531 �19]

�� 381.810 [Repealed by 2007 c.531 �19]

�� 381.815 [Repealed by 2007 c.531 �19]

�� 381.820 [Repealed by 2007 c.531 �19]

INTERSTATE BRIDGES UNDER JURISDICTION OF OTHER STATES

�� 381.824 Interstate bridges of other states or subdivisions made tax-exempt. Every bridge that passes over a river or body of water forming a boundary between this state and another state, and that has been constructed or acquired and is being operated by the other state or by any county, city, port or other municipality of the other state, together with its approaches, is exempt from all property and other taxes in this state, if the other state exempts from all taxation every such interstate bridge, together with its approaches, constructed or acquired and operated by this state or by any county, city, port or other municipality of this state. [2014 c.114 �11; 2017 c.710 �7]

ORS 399.990

399.990�� Penalties

�� 399.010 [Repealed by 1961 c.454 �213]

ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS

�� 399.015 Army National Guard. The ground force of the organized militia shall be the Army National Guard and shall be composed of the army units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. All persons who are members of the Army National Guard shall be federally recognized as such. [1961 c.454 �39]

�� 399.020 [Repealed by 1961 c.454 �213]

�� 399.025 Air National Guard. The air force of the organized militia shall be the Air National Guard and shall be composed of the air force units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. All persons who are members of the Air National Guard shall be federally recognized as such. [1961 c.454 �40]

�� 399.030 [Repealed by 1961 c.454 �213]

�� 399.035 Oregon Civil Defense Force; volunteer civil defense forces. (1) In addition to the federally recognized Oregon National Guard subject to call or order to federal service under laws of the United States, there shall be organized within the state a National Guard Reserve force. Such force shall be known as the Oregon Civil Defense Force, and shall be composed principally of officers, warrant officers and enlisted persons not eligible for general service under federal selective service laws.

�� (2) In time of peace the Oregon Civil Defense Force shall be maintained at cadre strength in numbers to be determined by the Governor.

�� (3) In time of peace the mission of the Oregon Civil Defense Force shall be to augment the Oregon National Guard as an internal security force. In time of war, it shall replace the Oregon National Guard as a force when the National Guard is ordered into federal service.

�� (4) Whenever laws of the United States authorize the organization of such forces under federal recognition, the Governor shall promulgate such regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.

�� (5) Notwithstanding subsections (1) to (4) of this section:

�� (a) The Superintendent of State Police may form a volunteer Oregon State Police Civil Defense Force for the purpose of providing emergency response and communications, medical assistance, logistical support and other aid authorized by the superintendent. The superintendent, in collaboration with the Adjutant General, may assign delegate members of the Oregon State Police Civil Defense Force to command centers throughout this state.

�� (b) The sheriff of a county in this state may form a volunteer County Civil Defense Force for the purpose of providing emergency response and communications, medical assistance, logistical support and other aid authorized by the sheriff.

�� (6) Volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force must possess and demonstrate experience or training in the military, law enforcement, communications, rescue operations or logistical support.

�� (7)(a) Volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force are not, by virtue of volunteering in the force, considered:

�� (A) Members of the Oregon Civil Defense Force;

�� (B) Employees or volunteers of the state;

�� (C) In �state service,� as that term is defined in ORS 240.015; or

�� (D) Agents of a public body under ORS 30.260 to 30.300 (Oregon Tort Claims Act) for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteer�s duties.

�� (b) Unless entitled to compensation, reimbursement, benefits or coverage under any other provision of law, volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force are not entitled to compensation, reimbursement for expenses, workers� compensation or other insurance coverage, public employment benefits or entitlements from the Oregon Military Department, the Oregon Department of Emergency Management or any other state or local agency or government. [1961 c.454 �41; 1989 c.361 �6; 2017 c.472 �1; 2021 c.539 �31]

�� 399.040 [Repealed by 1961 c.454 �213]

�� 399.045 Organization and training; equality of treatment and opportunity. (1) The forces of the organized militia shall be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal and state laws and regulations.

�� (2) It hereby is declared to be the policy of the state that there shall be an equality of treatment and opportunity for all persons in the organized militia without regard to race, creed, color or national origin. [1961 c.454 ��42,43]

�� 399.050 [Repealed by 1961 c.454 �213]

�� 399.055 Assemblies, periodic training and other duty. Members and units of the organized militia shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal and state laws and regulations. In addition to these periods, the commander of any organization may require the officers, warrant officers and enlisted persons of the command to meet for ceremonies, parades or training at such times and places as the commander may appoint. [1961 c.454 �44]

�� 399.060 [Repealed by 1961 c.454 �213]

�� 399.065 Ordering organized militia into active service of the state; Governor; martial law. (1) The Governor shall have the power, in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, to order into active service of the state for such period, to such extent and in such manner as the Governor may deem necessary all or any part of the organized militia. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.

�� (2) The Governor may order into active service of the state for such period, to such extent and such manner as the Governor may deem necessary units or individuals of the organized militia when in the judgment of the Governor the services of such units or individuals are required for the furtherance of the organization, maintenance, discipline or training of the organized militia or for ceremonial functions of the state government.

�� (3) Whenever any portion of the organized militia is employed pursuant to this section, the Governor, if in the judgment of the Governor the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law. [1961 c.454 �45]

�� 399.070 [Repealed by 1961 c.454 �213]

�� 399.075 Ordering organized militia into active service of the state; Adjutant General; pay and allowances. (1)(a) The Adjutant General, with the approval of the Governor, may order members of the organized militia into active service of the state.

�� (b) Active service of the state may be for a purpose that includes, but is not limited to, carrying out state or federal drug interdiction and counter-drug law enforcement activities under a drug interdiction and counter-drug activities plan approved by the Governor. When participating in such activities, and to the extent authorized by 32 U.S.C. 112, applicable regulations of the National Guard Bureau and the drug interdiction and counter-drug activities plan approved by the Governor, the Oregon Military Department is designated as a law enforcement agency for the purpose of carrying out federal asset forfeiture laws only.

�� (2) A member serving in active service of the state may not receive less than the pay and allowances of the member�s corresponding grade in the Armed Forces of the United States in accordance with a schedule approved by the Adjutant General for the period of time in active service of the state.

�� (3) When federal funds are authorized to provide for pay and allowances under this section, state funds may not be used to provide for the pay and allowances.

�� (4) Notwithstanding subsection (2) of this section:

�� (a) A medical examiner may be paid for services and necessary disbursements in an amount approved by the Governor.

�� (b) An appointed judge advocate may be paid for legal services and necessary disbursements in any suit, action or proceeding in an amount approved by the Governor.

�� (c) A member may consent to perform active service of the state without pay and allowances, provided that the member may, within the discretion of the Adjutant General, be paid for necessary traveling expenses, subsistence and per diem allowances.

�� (5) A member serving on a court-martial, court of inquiry, efficiency board, medical board or other special duty requiring the member�s absence from the member�s duty station or business may be reimbursed for actual and necessary travel or other expenses incurred within the limits established for state employees by the Oregon Department of Administrative Services under ORS 292.210 to 292.250.

�� (6) All pay and allowances, except per diem, mileage and expenses while traveling under orders, shall be subject to be applied to the payment of:

�� (a) Penalties and fines imposed by a military court.

�� (b) Any shortage of or injury to state or United States property or funds for which a member of the organized militia is responsible or accountable and where such responsibility has been fixed by competent authority.

�� (7)(a) Except as provided in paragraph (b) of this subsection, a member of the organized militia who is ordered to state active duty shall be considered a temporary employee of the military department.

�� (b) A member of the organized militia who is ordered to state active duty is not subject to ORS chapter 240 and ORS 243.650 to 243.809.

�� (8) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member of the Public Employees Retirement System who is ordered into active service of the state. Hours served by a person under this subsection shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3). [1961 c.454 �69; 1997 c.486 �1; 2003 c.311 �1; 2009 c.390 ��2,9; 2013 c.81 �26; 2023 c.122 �3]

�� 399.080 [Repealed by 1961 c.454 �213]

�� 399.085 Credit for active federal service. For all purposes under this chapter and ORS chapters 396 and 398, members of the organized militia who enter and serve in the active military service of the United States in time of war under a call or order by the President or who enter and serve on active duty in the military service of the United States in time of peace in their status within the National Guard of the United States or Air National Guard of the United States and who thereafter return to the military service of the state, shall be entitled to credit for time so served as if such service had been rendered to the state. [1961 c.454 �47]

�� 399.090 [Repealed by 1961 c.454 �213]

�� 399.095 [1961 c.454 �70; 1983 c.107 �1; 1983 c.740 �125; 1989 c.360 �12; 2005 c.512 �41; repealed by 2013 c.722 �6]

�� 399.100 [Repealed by 1961 c.454 �213]

�� 399.105 Militia unit facilities. Unless furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges and other facilities and shall maintain such facilities for units of the Oregon National Guard allotted to the state under the laws of the United States, accepted by the Governor and organized under the authority of this chapter and ORS chapters 396 and 398. [1961 c.454 �46]

�� 399.110 [Repealed by 1961 c.454 �213]

�� 399.115 Trespassers and disturbers to be placed in arrest; sales and gambling prohibited. (1) Any person who trespasses upon any armory, arsenal, camp, range, base or other facility of the organized militia or other place where any unit of the organized militia is performing military duty, including training, or who in any way or manner interrupts or molests the discharge of military duties by any member of the organized militia or of the Armed Forces of the United States or who trespasses or prevents the passage of troops of the organized militia or of the Armed Forces of the United States in the performance of their military duties may be placed in arrest by the commanding officer, or the designated representative of the commanding officer, of the unit performing such military duty at the place where the offense is committed and may be held in arrest during the continuance of the performance of such military duty, but not to exceed 12 hours.

�� (2) The commanding officer or the designated representative of the commanding officer, of any unit of the organized militia performing military duty in or at any armory, arsenal, camp, range, base or other facility of the organized militia or other place where such unit is performing military duty may prohibit persons who hawk, peddle, vend or sell goods, wares, merchandise, food products or beverages upon the streets and highways from conducting sales or auctions, and may prohibit all gambling within the limits of such armory, arsenal, camp, range, base or other facility of the organized militia or other place where such unit is performing military duty or within such limits not exceeding one mile therefrom as the commanding officer may prescribe. Such commanding officer may in the discretion of the commanding officer abate as common nuisances all such sales, actions and gambling. [1961 c.454 �74]

�� 399.120 [Repealed by 1961 c.454 �213]

�� 399.125 Repossession of military property by state. (1) When the Governor orders the return to the state of any arms, equipment, military stores or other military property belonging to the state, or for which the state is responsible, such arms and military property shall be delivered immediately to the officer authorized in the order to receive it, who shall give a receipt for the property and describe its condition in the receipt. If the property mentioned in the order is not promptly delivered as directed, the officer named in the order may take immediate possession of the same in the name of the state.

�� (2) No person shall resist any officer in the performance of the duty required by this section. [1961 c.454 �76]

�� 399.130 [Repealed by 1961 c.454 �213]

�� 399.135 Right of way on public streets and highways. The organized militia in the performance of its military duties shall have the right of way over any persons or vehicles on any public street or highway of this state, except United States mail carriers, fire apparatus and other emergency vehicles. Any person who hinders or delays, or obstructs, the organized militia in the performance of its military duties, is guilty of a misdemeanor. [1961 c.454 �72]

�� 399.140 [Repealed by 1961 c.454 �213]

�� 399.145 Free passage through tollgates and tunnels and over toll bridges and ferries. Any person belonging to the organized militia shall, together with the conveyance in the charge of the person and the property of the state or the United States in the charge of the person, be allowed to pass free through all tollgates and tunnels and over all toll bridges and also over all ferries if the person is in uniform or presents an order for duty or certificate of an order for duty. [1961 c.454 �73]

�� 399.150 Oaths and affirmations. Oaths and affirmations required in any matter connected with the military service may be administered by any duly commissioned officer of the organized militia or other officer authorized to administer oaths under the laws of the state, and no charge shall be made nor shall any fee be accepted for such service. [1961 c.454 �51]

�� 399.155 Unlawful wearing of uniform or insignia. No member of the organized militia shall wear, when on or off duty, any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or regulation, duly promulgated, prescribed for the use of the organized militia, without the permission of the commanding officer. [1961 c.454 �75(3)]

RIGHTS AND PRIVILEGES OF MEMBERS

�� 399.205 Complaints of wrongs. Any member of the organized militia who is wronged by the commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General. [1961 c.454 �200]

�� 399.210 Eligibility to state office of federally paid members of organized militia. Any officer or enlisted person of the militia of this state who receives compensation from the United States as a federally recognized member of the organized militia shall not be ineligible by reason thereof to hold lucrative office or seat in the Legislative Assembly within the meaning of section 10, Article II of the Oregon Constitution. [1961 c.454 �48]

�� 399.215 Exemption from jury duty. Active members of the organized militia shall be exempt from duty to act as a juror. [1961 c.454 �49]

�� 399.220 [1961 c.454 �50; repealed by 1973 c.794 �34]

�� 399.225 Relief from civil or criminal liability; security for costs; exemption from civil process. (1) Members of the organized militia ordered into active service of the state pursuant to this chapter shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in an official capacity in the discharge of any duty under this chapter and ORS chapters 396 and 398, or an alleged omission by the officer to do an act which it was the duty of the officer to perform, or against any person acting under the authority or order of such officer, or by virtue of any warrant issued by the officer pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover the costs of the defendant.

�� (2) No member of the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which the member may be required to attend for military duty. [1961 c.454 �71]

�� 399.230 [1989 c.317 �1; 2003 c.72 �2; 2003 c.311 �2; 2003 c.387 �11; 2005 c.78 �1; 2009 c.12 �1; renumbered 659A.086 in 2009]

�� 399.235 [1989 c.317 �2; 2001 c.621 �79; 2003 c.387 �12; renumbered 659A.088 in 2009]

�� 399.238 Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members. (1) As used in this section, �service member� means:

�� (a) A member of the organized militia who is called into active service of the state.

�� (b) A member of the Oregon National Guard who is called into active service under Title 10 of the United States Code.

�� (c) A member of the Oregon National Guard who is called into active service under Title 32 of the United States Code to perform under an authority other than the Governor.

�� (2) A service member may, while in active service or within one year after that service ends, apply to a court or an administrative body:

�� (a) For relief with respect to any obligation or liability incurred by the member before the period of active service began. The court or administrative body, after appropriate notice and hearing, may grant relief unless the court or administrative body determines that the ability of the member to comply with the terms of the obligation or liability has not been materially affected by active service.

�� (b) For a stay of a civil or administrative proceeding in which the service member is a party. The court or administrative body, after appropriate notice, shall grant the stay unless the court or administrative body determines that the ability of the service member to appear is not materially affected by active service.

�� (3) The court or administrative body may not charge or collect any fee from a service member who applies to the court or administrative body for relief under this section.

�� (4) An application filed under this section may not be deemed as consent to jurisdiction in any action or proceeding.

�� (5) The period of a service member�s active service may not be included in computing any period limited by law, rule or order for bringing any action or proceeding before a court or administrative body for or against the service member or the service member�s heirs, executors, administrators or assigns. [2003 c.387 �9; 2005 c.79 �1; 2007 c.400 �1; 2009 c.345 �3; 2023 c.122 �5]

�� 399.240 Limitation on rate of interest incurred by state service members during period of active service. (1) As used in this section:

�� (a) �Interest� includes service charges, renewal fees or other charges or fees associated with an obligation or liability.

�� (b) �Service member� means:

�� (A) A member of the organized militia who is called into active service of the state for 30 or more consecutive days.

�� (B) A member of the Oregon National Guard who is called into active service under Title 10 of the United States Code.

�� (C) A member of the Oregon National Guard who is called into active service under Title 32 of the United States Code to perform under an authority other than the Governor for 30 or more consecutive days.

�� (2) Notwithstanding ORS 82.010, 83.095, 708A.255, 723.502, 723.730 and 725.340, an obligation or liability bearing interest at a rate in excess of six percent per year incurred by a service member before being called into active service may not, during any part of the period of active service, bear interest in excess of six percent per year except by court order.

�� (3) The service member shall provide written notice to the creditor requesting that the rate of interest be reduced to six percent per year and shall include proof of the official orders showing that the service member is being called into active service.

�� (4) A creditor that receives a request under subsection (3) of this section to reduce a rate of interest may apply to the court for a determination that the ability of a service member to pay interest on an obligation or liability at a rate in excess of six percent per year is not materially affected because of the active service of the member. If a court determines that the ability of a service member to pay interest on an obligation or liability at a rate in excess of six percent per year is not materially affected because of the active service of the member, the court may order an interest rate that is just.

�� (5) A creditor must recompute the payment schedule to amortize the balance of the obligation or liability over the remainder of the obligation or liability at a rate of interest determined under subsection (2) or (4) of this section. [2003 c.387 �4; 2005 c.79 �2; 2009 c.541 �20; 2023 c.122 �6]

�� 399.242 Suspension or termination of certain services by service members; reinstatement; effect. (1) As used in this section, �service member� means:

�� (a) A member of the organized militia who is called into active service of the state for 30 or more consecutive days.

�� (b) A member of the Armed Forces of the United States, as that term is defined in ORS 366.931, who is called into active service under Title 10 of the United States Code.

�� (c) A member of the Oregon National Guard who is called into active service under Title 32 of the United States Code to perform under an authority other than the Governor for 30 or more consecutive days.

�� (2)(a) Except as provided in subsection (6) of this section, a service member who has obtained the following services from a telecommunications service provider, an Internet service provider, a health club as defined in ORS 431A.450, a health spa as defined in ORS 646A.030 or a provider of television services may terminate or suspend the provision of services upon written notice and as provided in paragraph (b) of this subsection:

�� (A) Telecommunications services.

�� (B) Internet services.

�� (C) Health spa services as defined in ORS 646A.030.

�� (D) Exercise or athletic activities offered by a health club.

�� (E) Television services, including but not limited to cable television, direct satellite and other television-like services.

�� (b) The service member must provide proof to the service provider of the official orders showing that the service member has been called into active service:

�� (A) At the time written notice is given; or

�� (B) If precluded by military necessity or circumstances that make the provision of proof at the time of giving written notice unreasonable or impossible, within 90 days after written notice has been given.

�� (3) A termination or suspension of services under this section is effective on the day written notice is given under subsection (2) of this section.

�� (4)(a) A service member who terminates or suspends the provision of services under this section and who is no longer in active service may reinstate the provision of services on the same terms and conditions as originally agreed to with the service provider before the termination or suspension upon written notice to the provider that the service member is no longer in active service. Written notice under this subsection must be given within 90 days after termination of the service member�s active service.

�� (b) Upon receipt of the written notice of reinstatement, the service provider shall resume the provision of services or, if the services are no longer available, provide substantially similar services within a reasonable time not to exceed 30 days from the date of receipt of the written notice of reinstatement.

�� (5) A service member who terminates, suspends or reinstates the provision of services under this section:

�� (a) May not be charged a penalty, fee, loss of deposit or any other additional cost because of the termination, suspension or reinstatement; and

�� (b) Is not liable for payment for any services after the effective date of the termination or suspension, or until the effective date of a reinstatement of services as described in subsection (4) of this section.

�� (6) A service member may terminate a contract for any service provided by a commercial mobile radio services provider in accordance with 50 U.S.C. 535a. [2013 c.423 �2; 2019 c.384 �14; 2023 c.122 �7]

�� 399.245 Definitions for ORS 399.245 to 399.265. As used in ORS 399.245 to 399.265:

�� (1) �Qualified applicant� means an Oregon resident who:

�� (a) Is a member of the Oregon National Guard;

�� (b) Maintains minimum academic standards at the qualified institution of higher education;

�� (c) Meets participation standards in the Oregon National Guard as prescribed by the Oregon Military Department;

�� (d) Is a full-time student; and

�� (e) Serves one year in the Oregon National Guard for each year a scholarship is granted.

�� (2) �Qualified institution of higher education� means any two-year or four-year, nonprofit, generally accredited institution of higher education located in this state, including community colleges and accredited schools of nursing located in this state.

�� (3) �Scholarship� means a scholarship equal in value to $800 to be used to pay the educational expenses of the applicant at a qualified institution of higher education during the period for which the scholarship is granted, of which no more than 100 scholarships shall be awarded annually. [1989 c.717 �1; 1999 c.704 �21; 2011 c.637 �263]

�� Note: 399.245 to 399.265 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 399.255 Scholarship program; award; duration; ineligible courses of study. (1) Subject to the availability of funds, the Oregon Military Department shall contract with the Higher Education Coordinating Commission to disburse to qualified applicants, awards made to the applicants on behalf of the Oregon National Guard Scholarship Program as determined by the Oregon Military Department.

�� (2) If the qualified applicant who receives a scholarship under ORS 399.245 to 399.265 meets the standards of the Oregon Military Department for renewal of the scholarship, the scholarship may be renewed upon application until the applicant has received a scholarship for a total of four undergraduate years.

�� (3) A qualified applicant who receives a scholarship under ORS 399.245 to 399.265 must attend the qualified institution of higher education upon which the scholarship application was based unless the commission authorizes the scholarship to be used at a different institution.

�� (4) No scholarship shall be made to any student enrolled in a course of study required for or leading to a degree in theology, divinity or religious education. [1989 c.717 �2; 2011 c.637 �264; 2013 c.747 �155]

�� Note: See note under 399.245.

�� 399.265 Award prior to completion of service requirement; repayment required after insufficient service. A qualified applicant may be awarded a scholarship under ORS 399.245 to 399.265 before completing the national guard service requirement. However, if an applicant fails to fulfill the service requirement, the applicant shall pay to the Higher Education Coordinating Commission the amount of the scholarship received plus interest for each year for which a scholarship was awarded but for which the service requirement was not met. [1989 c.717 �3; 2011 c.637 �265; 2013 c.747 �156]

�� Note: See note under 399.245.

�� 399.270 [1997 c.67 �2; repealed by 2001 c.139 �3]

�� 399.275 Tuition waiver program; amount of waiver; qualifications; priority. (1) As used in this section and ORS 399.280:

�� (a) �Eligible post-secondary institution� has the meaning given that term in ORS 348.180.

�� (b) �Surviving family member� means a spouse or dependent of a member of the Oregon National Guard who is killed while in active service.

�� (2) Subject to the availability of funds, the Oregon Military Department may contract with the Higher Education Coordinating Commission to:

�� (a) Disburse to eligible post-secondary institutions the dollar amount of tuition waivers authorized by this section and approved for payment by the department; and

�� (b) Provide to the department a compilation of the total dollar amount of the tuition waivers approved for each academic term included in the contract.

�� (3) The department shall regularly provide to the commission the names of members of the Oregon National Guard and surviving family members for whom tuition waivers may be approved.

�� (4) Any member of the Oregon National Guard or surviving family member who registers for classes at an eligible post-secondary institution may receive a tuition waiver of up to 100 percent of the resident tuition charges imposed by that institution, except that in the case of a not-for-profit independent institution, the tuition waiver may not exceed 100 percent of the resident tuition at Oregon State University.

�� (5)(a) A member of the Oregon National Guard may receive the tuition waiver authorized by this section at any time if the member maintains satisfactory performance with the Oregon National Guard and pursues a course of study in the eligible post-secondary institution in a manner that satisfies the usual requirements of the institution.

�� (b) A surviving family member may receive the tuition waiver authorized by this section if the surviving family member pursues a course of study in the eligible post-secondary institution in a manner that satisfies the usual requirements of the institution.

�� (c) The member of the Oregon National Guard or surviving family member is responsible for payment of the balance of the tuition charges not provided for by the tuition waiver program.

�� (6) When determining to whom the tuition waivers shall be granted, priority shall be given to those members of the Oregon National Guard who have previously received tuition waivers while serving in the Oregon National Guard and surviving family members who have previously received tuition waivers.

�� (7) The department shall apply qualifications and limitations to the tuition waiver program that are consistent with efficient and effective program management as determined by the Adjutant General. [1995 c.158 �1; 1997 c.67 �3; 2001 c.139 �1; 2005 c.200 �1; 2011 c.637 �266; 2013 c.747 �157; 2023 c.122 �8]

�� 399.280 Eligibility; required period of military service; repayment required after withdrawal from courses or insufficient service. (1) The tuition waiver program described in this section and ORS 399.275 is not available to any member of the Oregon National Guard or surviving family member who has a baccalaureate degree.

�� (2) A member of the Oregon National Guard or surviving family member may obtain only one undergraduate degree under the tuition waiver program established by this section and ORS 399.275. Only courses that meet degree requirements shall be approved for tuition waivers. A member of the Oregon National Guard or surviving family member may not receive a tuition waiver for any noncredit course.

�� (3) If a member of the Oregon National Guard or surviving family member voluntarily withdraws from a course for which the member is receiving a tuition waiver, the member is liable for all costs relating to withdrawal, including but not limited to all the costs billed by the eligible post-secondary institution to the Oregon Military Department.

�� (4) A member of the Oregon National Guard with no prior military service must complete basic military training, military occupational specialty training or skill-level training prior to being eligible for tuition waivers under this section and ORS

ORS 40.060

40.060 to 40.085 govern judicial notice of adjudicative facts. ORS 40.090 governs judicial notice of law. [1981 c.892 �7]

�� 40.065 Rule 201(b). Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either:

�� (1) Generally known within the territorial jurisdiction of the trial court; or

�� (2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. [1981 c.892 �8]

�� 40.070 Rules 201(c) and 201(d). When mandatory or discretionary. (1) A court may take judicial notice, whether requested or not.

�� (2) A court shall take judicial notice if requested by a party and supplied with the necessary information. [1981 c.892 �9]

�� 40.075 Rule 201(e). Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. [1981 c.892 �10]

�� 40.080 Rule 201(f). Time of taking notice. Judicial notice may be taken at any stage of the proceeding. [1981 c.892 �11]

�� 40.085 Rule 201(g). Instructing the jury. (1) In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact or law judicially noticed.

�� (2) In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed in favor of the prosecution. [1981 c.892 �12]

�� 40.090 Rule 202. Law that is judicially noticed. Law judicially noticed is defined as:

�� (1) The decisional, constitutional and public statutory law of Oregon, the United States, any federally recognized American Indian tribal government and any state, territory or other jurisdiction of the United States.

�� (2) Public and private official acts of the legislative, executive and judicial departments of this state, the United States, any federally recognized American Indian tribal government and any other state, territory or other jurisdiction of the United States.

�� (3) Rules of professional conduct for licensees of the Oregon State Bar.

�� (4) Regulations, ordinances and similar legislative enactments issued by or under the authority of the United States, any federally recognized American Indian tribal government or any state, territory or possession of the United States.

�� (5) Rules of court of any court of this state or any court of record of the United States, of any federally recognized American Indian tribal government or of any state, territory or other jurisdiction of the United States.

�� (6) The law of an organization of nations and of foreign nations and public entities in foreign nations.

�� (7) An ordinance, comprehensive plan or enactment of any county or incorporated city in this state, or a right derived therefrom. As used in this subsection, �comprehensive plan� has the meaning given that term by ORS 197.015. [1981 c.892 �13; 2007 c.63 �1; 2025 c.32 �70]

BURDEN OF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS

�� 40.105 Rule 305. Allocation of the burden of persuasion. A party has the burden of persuasion as to each fact the existence or nonexistence of which the law declares essential to the claim for relief or defense the party is asserting. [1981 c.892 �14]

�� 40.110 Rule 306. Instructions on the burden of persuasion. The court shall instruct the jury as to which party bears the applicable burden of persuasion on each issue only after all of the evidence in the case has been received. [1981 c.892 �15]

�� 40.115 Rule 307. Allocation of the burden of producing evidence. (1) The burden of producing evidence as to a particular issue is on the party against whom a finding on the issue would be required in the absence of further evidence.

�� (2) The burden of producing evidence as to a particular issue is initially on the party with the burden of persuasion as to that issue. [1981 c.892 �16]

�� 40.120 Rule 308. Presumptions in civil proceedings. In civil actions and proceedings, a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence. [1981 c.892 �17]

�� 40.125 Rule 309. Presumptions in criminal proceedings. (1) The judge is not authorized to direct the jury to find a presumed fact against the accused.

�� (2) When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if:

�� (a) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and

�� (b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact. [1981 c.892 �18]

�� 40.130 Rule 310. Conflicting presumptions. If presumptions are conflicting, the presumption applies that is founded upon weightier considerations of policy and logic. If considerations of policy and logic are of equal weight, neither presumption applies. [1981 c.892 �19]

�� 40.135 Rule 311. Presumptions. (1) The following are presumptions:

�� (a) A person intends the ordinary consequences of a voluntary act.

�� (b) A person takes ordinary care of the person�s own concerns.

�� (c) Evidence willfully suppressed would be adverse to the party suppressing it.

�� (d) Money paid by one to another was due to the latter.

�� (e) A thing delivered by one to another belonged to the latter.

�� (f) An obligation delivered to the debtor has been paid.

�� (g) A person is the owner of property from exercising acts of ownership over it or from common reputation of the ownership of the person.

�� (h) A person in possession of an order on that person, for the payment of money or the delivery of a thing, has paid the money or delivered the thing accordingly.

�� (i) A person acting in a public office was regularly appointed to it.

�� (j) Official duty has been regularly performed.

�� (k) A court, or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the jurisdiction of the court.

�� (L) Private transactions have been fair and regular.

�� (m) The ordinary course of business has been followed.

�� (n) A promissory note or bill of exchange was given or indorsed for a sufficient consideration.

�� (o) An indorsement of a negotiable promissory note, or bill of exchange, was made at the time and place of making the note or bill.

�� (p) A writing is truly dated.

�� (q) A letter duly directed and mailed was received in the regular course of the mail.

�� (r) A person is the same person if the name is identical.

�� (s) A person not heard from in seven years is dead.

�� (t) Persons acting as copartners have entered into a contract of copartnership.

�� (u) Two individuals deporting themselves as legally married to each other have entered into a lawful contract of marriage.

�� (v) A child born in lawful wedlock is legitimate.

�� (w) A thing once proved to exist continues as long as is usual with things of that nature.

�� (x) The law has been obeyed.

�� (y) An uninterrupted adverse possession of real property for 20 years or more has been held pursuant to a written conveyance.

�� (z) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to the person, when such presumption is necessary to perfect the title of the person or the person�s successor in interest.

�� (2) A statute providing that a fact or a group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this section. [1981 c.892 �20; 2016 c.46 �2]

RELEVANCY

�� 40.150 Rule 401. Definition of �relevant evidence.� �Relevant evidence� means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. [1981 c.892 �21]

�� 40.155 Rule 402. Relevant evidence generally admissible. All relevant evidence is admissible, except as otherwise provided by the Oregon Evidence Code, by the Constitutions of the United States and Oregon, or by Oregon statutory and decisional law. Evidence which is not relevant is not admissible. [1981 c.892 �22]

�� 40.160 Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence. [1981 c.892 �23]

�� 40.170 Rule 404. Character evidence; evidence of other crimes, wrongs or acts. (1) Evidence of a person�s character or trait of character is admissible when it is an essential element of a charge, claim or defense.

�� (2) Evidence of a person�s character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:

�� (a) Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same;

�� (b) Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same or evidence of a character trait of peacefulness of the victim offered by the prosecution to rebut evidence that the victim was the first aggressor;

�� (c) Evidence of the character of a witness, as provided in ORS 40.345 to 40.355; or

�� (d) Evidence of the character of a party for violent behavior offered in a civil assault and battery case when self-defense is pleaded and there is evidence to support such defense.

�� (3) Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

�� (4) In criminal actions, evidence of other crimes, wrongs or acts by the defendant is admissible if relevant except as otherwise provided by:

�� (a) ORS 40.180,

ORS 401.755

401.755; 2015 c.247 �10; 2021 c.539 �62]

�� 403.132 Provision of location of cellular device to law enforcement agency; rules. (1) At the request of a law enforcement agency, a provider of communications service for cellular devices shall provide the call location information, or the best available location information, of a cellular device that is:

�� (a) Used to place an emergency call requesting emergency assistance from the law enforcement agency; or

�� (b) Reasonably believed to be in the possession of an individual that the law enforcement agency reasonably believes is in an emergency situation that involves the risk of death or serious physical harm to the individual.

�� (2) To facilitate requests for call location information, or the best available location information, from a law enforcement agency under this section:

�� (a) The Oregon Department of Emergency Management shall:

�� (A) Maintain a database containing emergency contact information for providers of communications service for cellular devices that are registered to do business in this state or that submit to the jurisdiction of this state; and

�� (B) Make the information immediately available upon request to a public safety answering point in this state.

�� (b) A provider that is registered to do business in this state, or that submits to the jurisdiction of this state, shall submit emergency contact information for the provider to the department.

�� (3) Emergency contact information submitted by a provider of communications service for cellular devices under this section must be submitted by June 15 of each year or immediately after a change in contact information.

�� (4) Notwithstanding the limitations of ORS 403.135 (3), a cause of action does not arise against a provider of communications service for cellular devices or the officers, employees or agents of the provider for providing call location information, or the best available location information, in good faith as required by this section.

�� (5) The department may adopt rules to implement this section.

�� (6) This section shall be known, and may be cited, as the Kelsey Smith Act. [2014 c.29 �2; 2015 c.247 �28; 2015 c.255 �1; 2021 c.539 �63]

�� 403.135 When blocking of information prohibited; confidential information; exemption from liability for supplying information to emergency service providers; when supplying information not required. (1) A provider may not block delivery or forwarding to a public safety answering point or a 9-8-8 coordinated crisis services system of location information, a call-back number or other identifying information related to an emergency call.

�� (2) Automatic number identifications received by public safety answering points or a 9-8-8 coordinated crisis services system are confidential and are not subject to public disclosure unless and until an official report is written by the public or private safety agency and that agency does not withhold the telephone number under ORS 192.311 to 192.478 or other state and federal laws. The official report of a public safety answering point or a 9-8-8 coordinated crisis services system may not include nonpublished or nonlisted telephone numbers. The official report of a public or private safety agency may not include nonpublished or nonlisted telephone numbers. Nonpublished or nonlisted telephone numbers are not otherwise subject to public disclosure without the permission of the subscriber.

�� (3) A provider is not subject to an action for civil damages for providing in good faith confidential or nonpublic information, including nonpublished and nonlisted subscriber information, to emergency and 9-8-8 services providers who are:

�� (a) Responding to an emergency call;

�� (b) Responding to emergency situations that involve the risk of death or serious physical harm to an individual, as provided in ORS 403.132; or

�� (c) Notifying the public of an emergency.

�� (4) Subsection (3) of this section does not compel a provider to provide nonpublished and nonlisted subscriber information directly to emergency or 9-8-8 services providers or law enforcement agencies prior to placement of an emergency call without process of law.

�� (5) Subscriber information acquired by a 9-1-1 jurisdiction or the 9-8-8 coordinated crisis services system for the purpose of providing emergency communications services under ORS 403.105 to 403.250 or coordinated crisis services under ORS 430.626 to 430.628 is not subject to public disclosure and may not be used by other public agencies except:

�� (a) To respond to an emergency call;

�� (b) To respond to an emergency situation that involves the risk of death or serious physical harm to an individual, as provided in ORS 403.132; or

�� (c) To notify the public of an emergency by utilizing an automated notification system if a provider has provided subscriber information to the 9-1-1 jurisdiction or emergency services provider. [Formerly 401.765; 2013 c.305 �2; 2014 c.29 �3; 2015 c.247 �11; 2021 c.617 �8; 2023 c.9 �26]

�� 403.137 Operation of multiline telephone system. (1) As used in this section, �workplace�:

�� (a) Includes hallways, lobbies, conference rooms, rest rooms, break rooms, elevators, laboratories, warehouse space and other areas of a building in which employees or volunteers perform work or that are accessible on a regular basis by employees, volunteers or members of the public; and

�� (b) Does not include wall thickness, shafts, heating or ventilation spaces, mechanical or electrical spaces or other areas not accessible on a regular basis by employees, volunteers or members of the public.

�� (2) Except as provided in subsection (3) of this section, the operator of a multiline telephone system installed at least 12 months after January 1, 2014, shall provide information so that the appropriate primary public safety answering point is able to query the automatic location identification database and obtain an emergency response location identifier that includes at least the street address and building name for the location from which an emergency call originates.

�� (3) Subsection (2) of this section does not apply to the operator of:

�� (a) A key telephone system;

�� (b) Any other multiline telephone system serving a workplace that comprises less than 10,000 square feet on a single level and is located on one tract, as defined in ORS

ORS 411.380

411.380]

�� 411.595 [1983 c.299 �2; 1987 c.3 �14; 2001 c.900 �90; renumbered 411.072 in 2009]

�� 411.596 Court order to show cause issued upon filing of petition for enforcement of subpoena. Upon the filing of such a petition, the court shall enter an order, a copy of which shall be served upon the witness, directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended and testified or produced the papers as required by the subpoena. [Formerly 411.385]

�� 411.597 Court may compel appearance of witness before petitioner. (1) If at the hearing provided for in ORS 411.596 it is apparent to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear before the petitioner at a time and place to be fixed in such order, and testify and produce the required papers.

�� (2) Failure by the witness to comply with an order made pursuant to subsection (1) of this section shall be dealt with as for contempt of court. [Formerly 411.390]

�� 411.598 [2005 c.692 �6; renumbered 411.431 in 2009]

�� 411.600 [2005 c.692 �4; 2009 c.263 �3; renumbered 411.432 in 2009]

�� 411.610 Indorsement by others of assistance checks or warrants payable to deceased recipient; disposition of proceeds. Any check or warrant issued by the Department of Human Services or the Oregon Health Authority to a recipient of public assistance or medical assistance who subsequently dies may be indorsed in the name of the deceased by the surviving spouse or a next of kin in the order described in ORS 293.490 (3); and payment may be made and the proceeds used without any of the restrictions enumerated in ORS 293.495 (1). [Amended by 1957 c.120 �1; 1981 c.594 �9; 2011 c.720 �114; 2013 c.688 �49]

�� 411.620 Recovery of public assistance or medical assistance obtained or disposed of unlawfully. (1) The Department of Human Services or the Oregon Health Authority may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of public assistance or medical assistance, or has aided any other person to obtain public assistance or medical assistance, in violation of any provision of ORS 411.630 or in violation of ORS 411.640. In such suit or action, the department or the authority may recover the amount or value of public assistance or medical assistance obtained in violation of ORS 411.630 or in violation of ORS 411.640, with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance.

�� (2) Except with respect to bona fide purchasers for value, the department, the authority, the conservator for the recipient or the personal representative of the estate of a deceased recipient may prosecute a civil suit or action to set aside the transfer, gift or other disposition of any money or property made in violation of any provisions of ORS 411.630, 411.708 and 416.350 and the department or the authority may recover out of such money or property, or otherwise, the amount or value of any public assistance or medical assistance obtained as a result of the violation, with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance. [Amended by 1963 c.499 �1; 1971 c.334 �2; 1973 c.661 �1; 1983 c.638 �1; 2001 c.900 �220; 2005 c.381 �24; 2009 c.595 �262; 2011 c.720 �115; 2013 c.688 �50]

�� 411.630 Unlawfully obtaining public assistance or medical assistance. (1) A person may not knowingly obtain or attempt to obtain, for the benefit of the person or of another person, any public assistance or medical assistance to which the person or other person is not entitled under state law by means of:

�� (a) Any false representation or fraudulent device, or

�� (b) Failure to immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of property or income, or of any other change of circumstances, which directly affects the eligibility for, or the amount of, the assistance.

�� (2) A person may not transfer, conceal or dispose of any money or property with the intent:

�� (a) To enable the person to meet or appear to meet any requirement of eligibility prescribed by state law or by rule of the department or the authority for any type of public assistance or medical assistance; or

�� (b) Except as to a conveyance by the person to create a tenancy by the entirety, to hinder or prevent the department or the authority from recovering any part of any claim it may have against the person or the estate of the person.

�� (3) A person may not knowingly aid or abet any person to violate any provision of this section.

�� (4) A person may not receive, possess or conceal any money or property of an applicant for or recipient of any type of public assistance or medical assistance with the intent to enable the applicant or recipient to meet or appear to meet any requirement of eligibility referred to in subsection (2)(a) of this section or, except as to a conveyance by the applicant or recipient to create a tenancy by the entirety, with the intent to hinder or prevent the department or the authority from recovering any part of any claim it may have against the applicant or recipient or the estate of the applicant or recipient. [Amended by 1963 c.499 �2; 1969 c.66 �1; 1971 c.779 �22; 2011 c.720 �116; 2013 c.688 �51]

�� 411.632 Relief where assets transferred, removed or secreted. If it reasonably appears that a recipient of public assistance or a recipient of medical assistance has assets in excess of those allowed to a recipient of such assistance under applicable federal and state statutes, rules and regulations, and it reasonably appears that such assets may be transferred, removed, secreted or otherwise disposed, then the Department of Human Services or the Oregon Health Authority may seek appropriate relief under ORCP 83 and 84 or any other provision of law, but only to the extent of the liability. The state shall not be required to post a bond in seeking the relief. [1987 c.438 �6; 2001 c.900 �91; 2011 c.720 �117; 2013 c.688 �52]

�� 411.635 Recovery of improperly disbursed public assistance or medical assistance. (1)(a) Medical assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant to ORS 293.250 by the Oregon Health Authority or the Department of Human Services.

�� (b) Public assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant to ORS 293.250 by the department.

�� (2) The department and the authority may also recoup public assistance and medical assistance improperly disbursed from earnings that the state disregards pursuant to ORS 411.083 and 412.007 as follows:

�� (a) The department and the authority shall notify the recipient that the recipient may elect to limit the recoupment monthly to an amount equal to one-half the amount of disregarded earnings by granting the department or the authority a confession of judgment for the amount of the overpayment.

�� (b) If the recipient does not elect to grant the confession of judgment within 30 days the department or the authority may recoup the overpayment from the entire amount of disregarded earnings. The recipient may at any time thereafter elect to limit the monthly recoupment to one-half the disregarded earnings by entering into a confession of judgment.

�� (3) The department and the authority shall not execute on a confession of judgment until the recipient is no longer receiving public assistance or medical assistance and has either refused to agree to or has defaulted on a reasonable plan to satisfy the judgment.

�� (4) This section does not prohibit the department or the authority from adopting rules to exempt from recoupment any portion of disregarded earnings. [1979 c.719 �2; 2011 c.720 �118; 2013 c.688 �52a; 2015 c.765 �26]

�� 411.640 Overpayments of public assistance or medical assistance. A person has received an overpayment of public assistance or medical assistance, for purposes of ORS

ORS 411.438

411.438; repealed by 2001 c.900 �261]

�� 416.110 [Formerly 411.441; 1979 c.562 �14; 1983 c.740 �141; repealed by 2001 c.900 �261]

�� 416.120 [Formerly 411.442; subsection (4) enacted as 1961 c.605 �15; 1971 c.734 �46; 1999 c.849 ��75,76; repealed by 2001 c.900 �261]

�� 416.130 [Formerly 411.444; repealed by 2001 c.900 �261]

�� 416.140 [Formerly 411.446; repealed by 1971 c.734 �21]

�� 416.145 [1971 c.734 �48; repealed by 2001 c.900 �261]

�� 416.150 [1961 c.605 �13; repealed by 1971 c.734 �21]

�� 416.160 [1961 c.605 �14; repealed by 1971 c.734 �21]

�� 416.170 [Formerly 411.448; 1975 c.146 �5; 1983 c.696 �19; repealed by 2001 c.900 �261]

�� 416.180 [Formerly 411.452; 1993 c.223 �10; repealed by 2001 c.900 �261]

�� 416.190 [Formerly 411.454; repealed by 2001 c.900 �261]

�� 416.200 [Formerly 411.456; repealed by 2001 c.900 �261]

�� 416.210 [Formerly 411.458; repealed by 2001 c.900 �261]

�� 416.220 [1961 c.605 �19; 1971 c.779 �50; repealed by 2001 c.900 �261]

�� 416.230 [Formerly 411.462; 1971 c.407 �2; repealed by 1979 c.690 �19]

�� 416.240 [Formerly 411.464; repealed by 2001 c.900 �261]

�� 416.250 [Formerly 411.466; repealed by 2001 c.900 �261]

�� 416.260 [Formerly 411.470; 1969 c.45 �2; 1971 c.418 �13; repealed by 2001 c.900 �261]

�� 416.270 [Formerly 411.474; repealed by 2001 c.900 �261]

�� 416.280 [Formerly part of 414.105; repealed by 2001 c.900 �261]

RECOVERY FROM ESTATES

�� 416.310 Estate of deceased person liable for aid received; relatives not relieved from obligation of support. (1) Except as otherwise provided by ORS 411.708, the estate of every deceased person who received aid from the state or any county or whose burial expenses have been paid by the state or any county, other than aid received pursuant to ORS 412.006, 444.120 or 444.220, is liable for the actual cost of such aid so rendered or the actual expenses of such burial. The state or the county shall have a just and valid claim against such estate therefor.

�� (2) Nothing in this section relieves the parents, children, brothers or sisters of any needy person from their obligation to support such person, or prevents the county court from recovering for such support.

�� (3) Nothing in this section authorizes the recovery of the amount of any aid from the estate or surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient. [Formerly 411.480; 1985 c.522 �5; 1993 c.249 �6; 2005 c.381 �25]

�� 416.320 Manner of approval and payment of county claims against estate. All claims of the type mentioned in ORS 416.310 shall be itemized and verified by the county clerk and presented by the county clerk to the administrator or executor of the estate; except that the claims shall be verified by the county accountant in counties having a county accountant authorized by ORS chapter 210. The claims shall be approved and paid by the administrator or executor in the manner and in the order of preference provided by law for approval and payment of claims and charges against estates of deceased persons. [Formerly 411.490; 1983 c.310 �19]

�� 416.330 [Formerly 411.500; repealed by 1983 c.537 �7]

�� 416.340 Collection of claim against estate of deceased; waiver of claim. (1) With respect to any claim against the estate of a deceased person, the Department of Human Services and the Oregon Health Authority may:

�� (a) Secure payment of the claim in whole or in part by the acceptance of assignments, conveyances, notes, mortgages and other transfers of property or interests therein.

�� (b) Waive the claim to the extent that the department or the authority finds that enforcement would tend to defeat the purpose of the public assistance or medical assistance laws.

�� (2) To the extent that the need for aid resulted from a crime committed against the recipient, a claim for recovery of the amount of such aid defeats the purpose of the public assistance or medical assistance laws. [1963 c.114 �2; 1985 c.522 �6; 2011 c.720 �153; 2013 c.688 �86]

�� 416.350 Recovery of medical assistance; estate claims; transfer of assets. (1) The Department of Human Services or the Oregon Health Authority may recover from any person the amounts of medical assistance the department or the authority incorrectly paid to or on behalf of the person.

�� (2) Except as prohibited by ORS 178.380, medical assistance pursuant to ORS chapter 414 paid to or on behalf of an individual who was 55 years of age or older when the individual received the assistance, or paid to or on behalf of a person of any age who was a permanently institutionalized inpatient in a nursing facility, intermediate care facility for persons with intellectual disabilities or other medical institution, may be recovered from the estate of the individual or from any recipient of property or other assets held by the individual at the time of death including the estate of the surviving spouse. Claim for such medical assistance correctly paid to or on behalf of the individual may be established against the estate, but the claim may not be adjusted or recovered until after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is under 21 years of age or who is blind or permanently and totally disabled. Transfers of real or personal property by recipients of such aid without adequate consideration are voidable and may be set aside under ORS 411.620 (2).

�� (4) In any action or proceeding under this section to recover medical assistance paid, it is the legal burden of the person who receives the property or other assets from a medical assistance recipient to establish the extent and value of the recipient�s legal title or interest in the property or assets in accordance with rules established by the authority.

�� (5) Amounts recovered under this section do not include the value of benefits paid to or on behalf of a beneficiary under a policy or certificate of qualified long term care insurance as defined in ORS 743.652, that were disregarded in determining eligibility for or the amount of medical assistance provided to the beneficiary.

�� (6) As used in this section:

�� (a) �Estate� includes all real and personal property and other assets in which the deceased individual had any legal title or interest at the time of death including assets conveyed to a survivor, heir or assign of the deceased individual through joint tenancy, tenancy in common, survivorship, life estate, living trust or other similar arrangement.

�� (b) �Medical assistance� includes the state�s monthly contribution to the federal government to defray the costs of outpatient prescription drug coverage provided to a person who is eligible for Medicare Part D prescription drug coverage and who receives medical assistance. [Formerly 414.105; 2011 c.720 �154; 2013 c.688 �87; 2017 c.367 �5]

�� 416.351 Possible limitation on recovery of certain medical assistance; federal law. (1) Subject to the requirements of subsection (2) of this section, if 42 U.S.C. 1396p (b)(1)(B) as in effect on January 1, 1995, is repealed without replacement or is declared unconstitutional, the Director of the Oregon Health Authority shall limit the recovery of medical assistance paid pursuant to ORS chapter 414 from the estate of an individual or a recipient of property or other assets held by an individual at the time of death, including a surviving spouse of the individual, to the recovery of medical assistance payments paid on behalf of the individual on or after the date that the individual attained 65 years of age.

�� (2) The director shall limit the recovery of medical assistance as described under subsection (1) of this section only if the director determines, after receiving the written opinion of the Attorney General, that the recovery limitation will not violate any federal law in effect on the operative date of the recovery limitation. The director may condition, limit, modify or terminate any recovery limitation as the director considers necessary to avoid a violation of federal law. [Formerly 414.106]

�� 416.400 [1979 c.421 �1; 1985 c.567 �1; 1985 c.671 �30; 1987 c.161 �1; 1989 c.519 �3; 1989 c.812 �11; 1995 c.343 �43; 1995 c.422 �131v; 1995 c.514 �8; 1997 c.704 �59; 1999 c.735 �20; 2001 c.455 �21; 2003 c.73 �61; 2003 c.576 �443; 2007 c.643 �1; 2017 c.651 �7; 2019 c.13 �43; renumbered 25.501 in 2019]

�� 416.405 [1979 c.421 �2; 1985 c.671 �31; renumbered 25.502 in 2019]

�� 416.407 [1993 c.596 �31; 1999 c.836 �2; 2005 c.560 �9; 2019 c.13 �44; renumbered 25.503 in 2019]

�� 416.410 [1979 c.421 �3; 1985 c.671 �32; 1991 c.520 �4; repealed by 1995 c.514 �14]

�� 416.415 [1979 c.421 �4; 1985 c.671 �33; 1989 c.566 �1; 1989 c.811 �7; 1993 c.596 �32; 1995 c.514 �9; 1997 c.704 �62; 2003 c.73 �62; 2003 c.116 �12; 2005 c.560 �10; 2009 c.80 �6; 2011 c.318 �3; 2015 c.298 �97; renumbered 25.511 in 2019]

�� 416.416 [2009 c.353 �2; renumbered 25.525 in 2019]

�� 416.417 [1985 c.610 �8; 1989 c.519 �4; 1995 c.422 �131w; 1999 c.213 �3; 2005 c.560 �11; renumbered 25.517 in 2019]

�� 416.419 [1995 c.608 �15; 1997 c.704 �45; 1999 c.680 �4; 2005 c.560 �12; 2015 c.298 �98; renumbered 25.507 in 2019]

�� 416.420 [1979 c.421 �8; repealed by 1989 c.811 �10]

�� 416.422 [1995 c.514 �16; 2003 c.146 �9; 2003 c.576 �207; 2007 c.71 �106; renumbered 25.515 in 2019]

�� 416.425 [1979 c.421 �5; 1985 c.671 �37; 1989 c.566 �2; 1991 c.519 �4; 1993 c.596 �33; 1995 c.609 �1; 1999 c.127 �1; 1999 c.836 �1; 2003 c.75 �88; 2003 c.116 �13; 2003 c.419 �4; 2003 c.572 �16b; 2003 c.576 �208a; 2005 c.560 �13; 2009 c.80 �8; 2013 c.183 �1; 2013 c.184 �1; 2015 c.298 �99; 2017 c.464 �3; renumbered 25.527 in 2019]

�� 416.427 [1985 c.671 �35; 1989 c.566 �3; 1989 c.980 �13a; 1993 c.596 �34; 1995 c.608 �6; 1999 c.849 ��78,79; 2003 c.75 �34; 2003 c.576 ��209,210; 2005 c.560 �14; 2009 c.353 �3; renumbered 25.513 in 2019]

�� 416.429 [1985 c.671 �36; 1991 c.520 �1; 1993 c.596 �35; 1995 c.608 �18; 1999 c.93 �1; 1999 c.735 �21; 2003 c.576 �211; 2011 c.318 �4; 2019 c.291 �14; renumbered 25.540 in 2019]

�� 416.430 [1979 c.431 �7; 1983 c.709 �44; 1985 c.671 �38; 1989 c.566 �6; 1991 c.484 �2; 1993 c.596 �36; 1995 c.514 �13; 1995 c.609 �2; 1999 c.80 �28; 2009 c.595 �345; 2013 c.366 �73; renumbered

ORS 411.795

411.795, 416.310 and 416.350. Title shall be taken in the name of the department or the authority. The department or the authority may convey the property by deed or other appropriate conveyance under procedures adopted by rule of the department or the authority. [1993 c.249 �2; 2005 c.381 �23; 2011 c.720 �83]

�� 410.080 Department as single state agency for specified federal programs; authority as single state agency for Title XIX and Title XXI programs. (1) The Department of Human Services is the designated single state agency for all federal programs under ORS 409.010 and 410.040 to 410.300 except that the Oregon Health Authority is the single state agency responsible for supervising the administration of all programs funded by Title XIX or Title XXI of the Social Security Act as provided in ORS 413.032 (1)(i).

�� (2) Except as provided in ORS 410.070 (2)(d) and 410.100, the administration of services to clients under ORS 410.040 to 410.300 shall be through area agencies, and shall comply with all applicable federal regulations. [1981 c.784 �7; 2001 c.900 �246; 2005 c.22 �273; 2011 c.720 �84; 2013 c.681 �43]

�� 410.090 Department to implement supportive social services for persons age 60 and older; rules. (1) The Department of Human Services is directed to develop and place in effect a program of supportive social services for persons age 60 or older.

�� (2) The Department of Human Services is authorized to develop and adopt such rules as necessary for the sound, efficient and economical administration of the provisions of this section and ORS 410.320 to 410.340, including the implementation of a fee for service schedule based upon ability to pay, and to assure that no eligible person, resident in a skilled nursing home or intermediate care facility, shall be removed and placed in an alternative care program unless such services are determined to be more appropriate for the individual citizen based upon appropriate, individual, service considerations. [Formerly

ORS 418.625

418.625 to 418.645. Such certificate may be revoked by the department following notice and opportunity for hearing as provided in ORS chapter 183 because of violation of any of the provisions of ORS 418.625 to 418.645 or of the rules provided for in ORS 418.640. Such certificate shall apply only to the premises designated on the certificate at the time of issue and a change of residence shall automatically terminate the certificate. [Formerly 419.406; 1973 c.612 �17; 1975 c.267 �2; 2001 c.686 �5]

�� 418.640 Supervision of foster homes; foster and adoptive parent training; rules; law enforcement officer training. (1) The Department of Human Services shall adopt such rules, not inconsistent with ORS 418.625 to 418.645, as it deems necessary or advisable to protect the best interests of children in foster homes and to carry out the intent and purpose of ORS 418.625 to 418.645.

�� (2)(a) The department shall:

�� (A) Provide training to assist the foster parent both in understanding the mental and emotional problems that occur in child victims of abuse and neglect, including sexual abuse and rape of a child, as defined in ORS 419B.005, and in managing the behavior that may result from such problems; and

�� (B) Provide training to foster parents and prospective adoptive parents of a child in foster care regarding appropriate ethnic hair and skin care for children of African-American, Hispanic, Native American, Asian-American or multiracial descent.

�� (b) The training under this subsection shall be provided in accordance with rules adopted by the department.

�� (3) The Board on Public Safety Standards and Training shall develop a training program for law enforcement officers investigating child abuse cases and interviewing child abuse victims. The curriculum shall address the area of training and education necessary to facilitate the skills necessary to investigate reports of child abuse. The curriculum shall include, but not be limited to:

�� (a) Assessment of risk to child;

�� (b) Dynamics of child abuse; and

�� (c) Legally sound and age appropriate interview and investigatory techniques.

�� (4) The department or duly authorized representative shall visit every certified foster home from time to time and as often as appears necessary to determine that such foster home consistently maintains the standards fixed by the department and that proper care is being given to the children therein. [Formerly 419.408; 1971 c.401 �46; 1989 c.998 �1; 1993 c.622 ��4,4a; 2005 c.22 �291; 2011 c.692 �2]

�� 418.642 Confidentiality of information about person who maintains foster home; exceptions; rules. (1) Notwithstanding ORS 192.311 to 192.478, the name, address and other identifying information about a person who maintains a foster home are confidential and not accessible for public inspection.

�� (2) Notwithstanding subsection (1) of this section, the Department of Human Services may adopt rules that allow the department to disclose information about a person who maintains a foster home if the department deems:

�� (a) It necessary or advisable to protect the best interests of a child; or

�� (b) It necessary for the administration of the child welfare laws. [1999 c.465 �2]

�� 418.643 Denial of visitation by foster home as disciplinary measure prohibited. A foster home shall not deny a parent or guardian of a child who is under the care of the foster home the right to visit the child solely as a disciplinary measure against the child. [1993 c.785 �4]

�� 418.644 Interference with disclosure of information; rules. (1) A foster home may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the care of the foster home, violations of licensing or certification requirements, criminal activity at the foster home, violations of state or federal laws or any practice that threatens the health and safety of a child in the care of the foster home to:

�� (a) The Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the foster home; or

�� (b) A family member, guardian or other person who is acting on behalf of the child.

�� (2) A foster home interferes with the disclosure of the information described in subsection (1) of this section by:

�� (a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

�� (b) Training an employee or volunteer not to disclose the information; or

�� (c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information.

�� (3) The department may revoke or suspend the certificate of approval of a foster home that is found to have violated subsection (1) of this section.

�� (4) The department shall adopt rules to carry out the provisions of this section.

�� (5) This section does not authorize the disclosure of:

�� (a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or

�� (b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 �13]

�� 418.645 Appeal from decision of department. Any person affected by any decision or order of the Department of Human Services made pursuant to ORS 418.625 to 418.645 may appeal therefrom to the Court of Appeals as provided in ORS 183.480 for the review of orders in contested cases. [Formerly 419.410; 1969 c.597 �256; 1971 c.401 �47; 1973 c.612 �18]

�� 418.647 Foster care payments. (1) With respect to any period for which federal funds are made available to this state in aid of a state-administered program of aid to any child defined in and meeting the requirements of this section, the Department of Human Services may provide foster care payments in behalf of a child in the foster home of any individual or in a child-caring agency who:

�� (a) Is a needy child meeting the requirements of ORS 412.001 (3)(b)(A) or (B) who has been deprived of parental support or care by reason of the continued absence from the home, the physical or mental incapacity or the unemployment or underemployment of a parent or parents;

�� (b) Would meet the requirements of ORS 412.006 except for the removal of the child from the home of a caretaker relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child;

�� (c) Has been accepted for placement and care by the department;

�� (d) Has been placed in a foster home or child-caring agency as a result of such determination; and

�� (e) Received aid in or for the month in which court proceedings leading to such determination were initiated, or would have received such aid in or for such month if application had been made therefor, or in the case of a child who had been living with a caretaker relative as defined in ORS 412.001 within six months prior to the month in which such proceedings were initiated, would have received such aid in or for such month if in such month the child had been living with and removed from the home of such a relative and application had been made therefor.

�� (2) As used in this section:

�� (a) �Child-caring agency� has the meaning given that term in ORS 418.205.

�� (b) �Foster home� means a foster home that is certified by this state or that has been approved, by the agency of this state responsible for the certification of foster homes, as meeting the standards established for such certification. [Formerly 418.070; 2016 c.106 �28]

�� Note: 418.647 was added to and made a part of ORS chapter 418 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 418.648 Rights of foster parents. A foster parent has the right to:

�� (1) Be treated with dignity, respect and trust as a member of a team, including respect for the family values and routines of the foster parent.

�� (2) Be included as a valued member of a team that provides care and planning for a foster child placed in the home of the foster parent.

�� (3) Receive support services, as resources permit, from the Department of Human Services that are designed to assist in the care of the foster child placed in the home of the foster parent.

�� (4) Be informed of any condition that relates solely to a foster child placed in the home of the foster parent that may jeopardize the health or safety of the foster parent or other members of the home or alter the manner in which foster care should be provided to the foster child. The information shall include complete access to written reports, psychological evaluations and diagnoses that relate solely to a foster child placed in the home of the foster parent provided that confidential information given to a foster parent must be kept confidential by the foster parent, except as necessary to promote or to protect the health and welfare of the foster child and the community.

�� (5) Have input into a permanency plan for a foster child placed in the home of the foster parent.

�� (6) Receive assistance from the department in dealing with family loss and separation when the foster child leaves the home of the foster parent.

�� (7) Be informed of all policies and procedures of the department that relate to the role of the foster parent.

�� (8) Be informed of how to receive services and to have access to department personnel or service providers 24 hours a day, seven days a week.

�� (9) Initiate an inactive referral status for a reasonable period of time, not to exceed 12 months, to allow a foster parent relief from caring for foster children.

�� (10) Not be discriminated against on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

�� (11) Be notified of the foster parent�s right to limited participation in proceedings in the juvenile court and provided with an explanation of that right. [2005 c.676 �1; 2007 c.100 �24; 2021 c.367 �21]

�� Note: 418.648 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 418.650 [1987 c.326 ��1,2; 1991 c.581 �1; 2019 c.384 �1; renumbered 660.450 in 2025]

�� 418.653 [1987 c.326 �3; 1989 c.786 �6; 1991 c.581 �2; 1993 c.676 �43; 1999 c.71 �1; 2001 c.259 �2; 2015 c.366 �89; 2019 c.209 �1; 2021 c.674 �2; 2023 c.556 �2; renumbered 660.453 in 2025]

�� 418.657 [1987 c.326 ��5,6; 1989 c.786 �7; 1991 c.581 �3; 1993 c.676 �44; 1999 c.71 �2; 2003 c.43 �1; 2003 c.794 �278a; 2013 c.747 �161; 2015 c.366 �90; 2019 c.209 �2; 2021 c.100 �14; 2023 c.556 �3; renumbered 660.457 in 2025]

�� 418.658 [1989 c.786 �9; 1991 c.581 �4; 1993 c.676 �45; 1995 c.343 �46; 1997 c.249 �131; 1999 c.59 �114; 1999 c.71 �3; 2001 c.259 �1; 2001 c.684 �27; 2003 c.43 �2; 2011 c.637 �269; 2012 c.104 �43; 2013 c.747 �160; 2015 c.366 �91; 2017 c.66 �23; 2017 c.185 �11; 2017 c.297 �32; 2019 c.209 �3; 2021 c.674 �3; 2023 c.556 �4; renumbered 660.458 in 2025]

�� 418.660 [1987 c.326 ��7,8; 1989 c.786 �8; 1991 c.581 �5; 1993 c.676 �46; 1999 c.71 �4; 2003 c.43 �3; 2015 c.366 �92; 2019 c.209 �4; 2023 c.556 �5; renumbered 660.460 in 2025]

�� 418.663 [1987 c.326 �9; 1991 c.581 �6; 1999 c.71 �5; 2019 c.209 �8; renumbered 660.463 in 2025]

A. R. BURBANK TRUST FUND

�� 418.675 Powers and duties of trustees of A. R. Burbank Trust Fund. The Governor, Secretary of State and State Treasurer constitute the Board of Trustees of the A. R. Burbank Trust Fund and may receive or reject on behalf of the state all moneys and property, real and personal, given, devised or bequeathed to the State of Oregon in trust for the use and benefit of an orphans� home located at Salem or Portland; make, on behalf of the state, all deeds of conveyance conveying real property owned by the state as trustee; receive and satisfy mortgages in that behalf and execute all other contracts or instruments necessary to be executed on behalf of the state for the above-named purposes. Such board of trustees shall have full control and management of said trust funds and may loan and invest the same on good securities, in the same manner that funds of the Common School Fund are loaned. The same laws governing the school fund shall apply to loans made from this fund as far as practicable. All lawful expenses necessarily incurred in loaning said money or in the management of said fund may be paid out of the interest. No part of the principal shall ever be used toward the support of such home. [Formerly 419.452]

�� 418.680 Annual report of trustees. On October 1 of each year the Board of Trustees of the A. R. Burbank Trust Fund shall make and file with the Secretary of State a full report of the condition of the trust fund, showing the amount thereof, moneys outstanding and any other data necessary to a full understanding of its condition. [Formerly 419.454; 1975 c.605 �20]

�� 418.685 Certain agencies declared to be orphans� homes. For the purposes of ORS 418.675, the Boys� and Girls� Aid Society and the Baby Home at Portland hereby are declared to be orphans� homes. [Formerly 419.456]

�� 418.687 [1973 c.629 �1; 1981 c.230 �1; repealed by 1989 c.786 �13; amended by 1989 c.904 �64; amendment treated as reenactment, see 418.688]

GENERAL POLICY

�� 418.688 Policy. The Legislative Assembly recognizes that it is in the public interest to provide employment for young people within the existing administrative and financial capabilities of the Department of Transportation, the State Fish and Wildlife Commission, the State Forestry Department, the State Parks and Recreation Department and the Department of State Lands. [1989 c.904 �64 amending 418.687 treated as reenactment of 418.687 repealed by 1989 c.786 �13]

�� 418.690 [1973 c.629 �2; repealed by 1989 c.786 �13]

YOUTH SPORTS ACTIVITIES

�� 418.691 Definitions for ORS 418.691 to 418.701. As used in ORS 418.691 to 418.701:

�� (1) �Subject individual� means any person who is or will be directly involved with the coaching or supervision of children participating in an organized youth sports activity.

�� (2) �Youth sports activity� does not include any activity operated by a school district or public charter school.

�� (3) �Youth sports provider� means any person, organization or agency that operates in Oregon and is directly involved with children participating in an organized youth sports activity. [2001 c.550 �1]

�� Note: 418.691 to 418.701 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 418.693 [1973 c.629 �3; repealed by 1989 c.786 �13]

�� 418.695 [1973 c.629 �4; repealed by 1989 c.786 �13]

�� 418.696 Youth sports providers encouraged to perform certain activities related to qualifications of coaches or supervisors. Every youth sports provider is encouraged to:

�� (1) Create and adopt a list of crimes that disqualify a subject individual from coaching or supervising a youth sports activity for the youth sports provider if the subject individual has been convicted of the crime or has been convicted of a substantially equivalent crime in another jurisdiction;

�� (2) Complete a criminal records check on subject individuals who coach or supervise a youth sports activity for the youth sports provider; and

�� (3) Require all subject individuals who coach or supervise a youth sports activity to complete a sports education program. [2001 c.550 �2]

�� Note: See note under 418.691.

�� 418.697 [1973 c.629 �5; repealed by 1989 c.786 �13]

�� 418.699 Additional duties or liabilities not imposed on youth sports providers. Nothing in ORS 418.691 to 418.701 imposes any additional duty or liability on any youth sports provider by reason of the youth sports provider not performing a duty that is encouraged by ORS

ORS 421.305

421.305. Earnings on the investment of moneys in the accounts or subaccounts shall be credited to the respective account or subaccount.

�� (3) Moneys credited to or received by adult in custody work programs conducted by the department may not be commingled with moneys credited to or received by adult in custody work programs conducted by Oregon Corrections Enterprises.

�� (4) Moneys in the accounts or subaccounts are available for implementing, maintaining and developing prison work and on-the-job training programs, including, but not limited to:

�� (a) The purchase of all necessary machinery and equipment for establishing, equipping and enlarging prison industries;

�� (b) The purchase of raw materials, the payment of salaries and wages and all other expenses necessary and proper in the judgment of the Director of the Department of Corrections or the administrator of Oregon Corrections Enterprises in the conduct and operation of prison industries; and

�� (c) Department transfers to the adult in custody injury component of the Insurance Fund from the payment of expenses authorized by law.

�� (5) No part of the accounts or subaccounts may be expended for maintenance, repairs, construction or reconstruction, or general or special expenses of a Department of Corrections institution, other than for prison work and on-the-job training programs.

�� (6) The transfers referred to in subsections (1) and (4)(c) of this section may be authorized by the Legislative Assembly, or the Emergency Board if the Legislative Assembly is not in session, whenever it appears to the Legislative Assembly or the board, as the case may be, that there are insufficient moneys in the adult in custody injury component of the Insurance Fund for the payment of expenses authorized by law. [1995 c.384 �26; 1997 c.851 �5; 1999 c.955 �27; 2003 c.405 �8; 2019 c.213 �89; 2021 c.97 �45]

�� Note: See note under 421.438.

�� 421.444 Intellectual property; acquisition and development. (1) The Department of Corrections and Oregon Corrections Enterprises each may acquire or develop intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, trademarks, inventions, discoveries, processes and ideas.

�� (2) The department and Oregon Corrections Enterprises each may manage, license, market, develop or dispose of its intellectual property, in whole or in part, in any manner deemed by the department or Oregon Corrections Enterprises to be advisable for implementing, maintaining and developing prison work programs.

�� (3) Money received by the department or Oregon Corrections Enterprises as a result of its use, ownership, disposal or management of property acquired under this section or of transactions regarding such property shall be deposited in accounts maintained by the department or Oregon Corrections Enterprises as authorized by law. [1997 c.851 �12; 1999 c.955 �21]

�� 421.445 Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program; agreements. (1) Notwithstanding any other law, adults in custody participating in a program operated by the Department of Corrections or Oregon Corrections Enterprises may be supervised by an employee or agent of a local, state or federal governmental agency pursuant to an agreement between the agency and the department or the agency and Oregon Corrections Enterprises. An agreement entered into under this section must require that the person exercising custodial supervision over adults in custody receive security training approved and provided by the department.

�� (2) As used in this section, �local, state or federal governmental agency� includes Oregon Corrections Enterprises if the agreement under this section is entered into between Oregon Corrections Enterprises and the department. [1997 c.851 �18; 1999 c.955 �22; 2013 c.229 �12; 2017 c.41 �2; 2019 c.213 �139]

�� Note: 421.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

FOREST AND WORK CAMPS

�� 421.450 Definitions for ORS 421.455 to 421.480. As used in ORS 421.455 to 421.480, unless the context requires otherwise:

�� (1) �Local adult in custody� means a person sentenced by a court or legal authority to serve sentence in a county or city jail, but does not include a child detained by order of the juvenile court.

�� (2) �State adult in custody� means an adult in custody of a Department of Corrections institution. [1967 c.504 �2; 1987 c.320 �200; 2019 c.213 �90]

�� 421.455 Forest work camps; restrictions on placement at camps. (1) The Director of the Department of Corrections shall establish at places in state forests recommended by the State Board of Forestry one or more forest work camps at which state adults in custody and local adults in custody may be employed. Only such state adults in custody as are determined by the Department of Corrections to require minimum security may be placed at a forest work camp, but the Department of Corrections may not place an adult in custody at a forest work camp if the department is aware that the adult in custody has ever been convicted of:

�� (a) Rape in the first degree, as described in ORS 163.375.

�� (b) Rape in the second degree, as described in ORS 163.365.

�� (c) Rape in the third degree, as described in ORS 163.355.

�� (d) Sodomy in the first degree, as described in ORS 163.405.

�� (e) Sodomy in the second degree, as described in ORS 163.395.

�� (f) Sodomy in the third degree, as described in ORS 163.385.

�� (g) Unlawful sexual penetration in the first degree, as described in ORS 163.411.

�� (h) Unlawful sexual penetration in the second degree, as described in ORS 163.408.

�� (i) Sexual abuse in the first degree, as described in ORS 163.427.

�� (j) Sexual abuse in the second degree, as described in ORS 163.425.

�� (k) Any crime in any other jurisdiction that would constitute a crime described in this subsection if presently committed in this state.

�� (L) Any attempt to commit a crime described in this subsection.

�� (2) The State Board of Forestry may make contracts with any other state agency in order to effectuate the purposes of this section and ORS 421.465, 421.470 and 421.476. [Amended by 1965 c.616 �72; 1967 c.504 �5; 1987 c.320 �201; 1987 c.478 �1; 1991 c.386 �13; 1991 c.830 �12; 2019 c.213 �91; 2021 c.97 �46]

�� 421.460 [Amended by 1961 c.656 �2; repealed by 1965 c.616 �101]

�� 421.465 Transfer of state adults in custody to forest work camp; limitations and conditions. (1) Upon the requisition of the State Forester, the superintendent shall send at the time and to the place designated as many state adults in custody requisitioned from the institution under the supervision of the superintendent as have been determined under rules adopted by the Director of the Department of Corrections to be eligible for employment at a forest work camp and as are available.

�� (2) Before a state adult in custody is sent to any forest work camp, the superintendent of the institution in which the adult in custody is confined shall cause the adult in custody to be given such inoculations as are necessary in the public interest.

�� (3) While a state adult in custody is at a forest work camp, the superintendent of the institution in which the adult in custody was confined is responsible for the custody and care of the adult in custody. [Amended by 1961 c.656 �3; 1965 c.616 �73; 1967 c.504 �6; 1969 c.502 �24; 1987 c.320 �202; 2019 c.213 �92]

�� 421.467 Transfer of local adults in custody to forest work camp; limitations and conditions. (1) Subject to ORS 421.468, the governing body of a county or city in this state may transfer a local adult in custody to the temporary custody of the Department of Corrections solely for employment at a forest work camp established under ORS 421.455 to 421.480. The county or city transferring the local adult in custody shall pay the cost of transportation and other expenses incidental to the conveyance to the forest work camp of the adult in custody and the return of the local adult in custody to the county or city, including the expenses of law enforcement officers accompanying the local adult in custody, and is responsible for costs of any medical treatment of the local adult in custody while the local adult in custody is employed at the forest work camp not compensated under ORS 655.505 to 655.555.

�� (2) Before a local adult in custody is sent to a forest work camp, the governing body of the county or city shall cause the local adult in custody to be given such inoculations as are necessary in the public interest, and must submit to the Department of Corrections a certificate, signed by a physician licensed under ORS chapter 677, physician associate licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 that the local adult in custody is physically and mentally able to perform the work described in ORS 421.470, and is free from communicable disease. [1967 c.504 �3; 1987 c.320 �203; 2014 c.45 �45; 2017 c.356 �45; 2019 c.213 �93; 2024 c.73 �70]

�� 421.468 Prior approval required for transfer of local adult in custody; return; custody and jurisdiction. (1) A local adult in custody may not be transferred under ORS 421.467 without the prior approval of the Director of the Department of Corrections. The director shall return each local adult in custody to the county or city from which the local adult in custody was transferred at such time as the local adult in custody is to be released by the county or city, or upon request of the governing body of the county or city.

�� (2) While employed at a forest work camp established under ORS 421.455 to 421.480, a local adult in custody is temporarily within the custody of the Director of the Department of Corrections and subject to rules promulgated by the director governing such custody and employment, but remains subject to the jurisdiction of the county or city. [1967 c.504 �4; 1987 c.320 �204; 2019 c.213 �94]

�� 421.470 Authority over adults in custody in camps; cost of care. (1) The Director of the Department of Corrections has authority over the forest work camps except as provided in subsection (2) of this section.

�� (2) The State Forester shall assign and supervise the work of the state adults in custody and local adults in custody, which work shall be:

�� (a) Manual labor, as far as possible, of the type contemplated by ORS 530.210 to 530.280.

�� (b) Fire-fighting labor of the type contemplated for forest protection districts under ORS chapter 477.

�� (3) Moneys for the cost of custody of the state adults in custody and local adults in custody, and for the labor done by them under this section, shall be paid from funds appropriated and made available to the State Board of Forestry. Moneys for the cost of care of each local adult in custody shall be paid by the county or city from which the local adult in custody was transferred under ORS 421.467, but not to exceed $2 a day for each local adult in custody. Additional moneys required for the cost of care of local adults in custody shall be paid from funds appropriated and made available to the State Board of Forestry. All such moneys shall be collected by the Director of the Department of Corrections who shall deposit such funds to the credit of the State Prison Work Programs Account. [Amended by 1961 c.213 �3; 1961 c.656 �4; 1965 c.253 �142; 1967 c.504 �7; 1987 c.320 �205; 1995 c.384 �15; 2019 c.213 �95]

�� 421.475 [Amended by 1955 c.433 �1; 1961 c.656 �5; 1965 c.616 �74; 1967 c.504 �8; 1969 c.570 �2; 1987 c.320 �206; 1995 c.384 �16; repealed by 1997 c.851 �6 (421.476 enacted in lieu of 421.475)]

�� 421.476 Compensation of adults in custody for labor at forest camps; rules. The Director of the Department of Corrections shall determine and establish compensation, if any, to be paid to adults in custody assigned to work in forest work camps. The director shall adopt rules providing for the disposition of any compensation earned under this section. [1997 c.851 �7 (enacted in lieu of 421.475); 2019 c.213 �140]

�� 421.480 Return of adult in custody to institution. When the need for the labor of a state adult in custody or local adult in custody transferred to a forest work camp has ceased or when the adult in custody is guilty of any violation of the rules of the Director of the Department of Corrections, the director may return the adult in custody to the institution, county or city from which the adult in custody was transferred. [Amended by 1961 c.656 �6; 1967 c.504 �9; 1987 c.320 �207; 2019 c.213 �96]

�� 421.490 Work camps. In addition to camps established under ORS 421.455 to 421.480 the Department of Corrections may execute agreements for the establishment and operation of work camps for adults in custody in minimum custody of Department of Corrections institutions in cooperation with all public agencies. [1963 c.157 �2; 1987 c.320 �208; 2019 c.213 �141]

ALTERNATIVE INCARCERATION PROGRAM

�� 421.500 Findings. The Legislative Assembly finds that:

�� (1) Substance use disorders negatively impact adults in custody at a significantly greater frequency than nonincarcerated individuals in the community.

�� (2) Substance use disorders should be considered chronic illnesses for which effective treatment is available.

�� (3) Diverting sentenced offenders from a traditional correctional setting into structured programs that provide treatment for substance use disorders or cognitive restructuring has proven to reduce criminal recidivism in this state. [1993 c.681 �1; 1999 c.239 �2; 2023 c.108 �1]

�� Note: 421.500 to 421.512 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 421.502 Definitions for ORS 421.502 to 421.512. As used in ORS 421.502 to 421.512:

�� (1) �Cognitive restructuring� means any rehabilitation process that redirects the thinking of an offender into more socially acceptable directions and that is generally accepted by rehabilitation professionals.

�� (2) �Department� means the Department of Corrections.

�� (3) �Program� means the structured special alternative incarceration program established under ORS 421.504 and the intensive alternative incarceration addiction program established under ORS 421.506. [1993 c.681 �2; 1999 c.239 �1; 2003 c.464 �3; 2008 c.35 �3; 2023 c.108 �2]

�� Note: See note under 421.500.

�� 421.504 Structured special alternative incarceration program; requirements. (1) The Department of Corrections, in consultation with the Oregon Criminal Justice Commission, shall establish a structured special alternative incarceration program. The program:

�� (a) Shall reflect evidence-based practices;

�� (b) Shall provide for cognitive restructuring in conformance with generally accepted rehabilitative standards;

�� (c) May include a drug and alcohol treatment component that meets the standards promulgated by the Oregon Health Authority pursuant to ORS 430.357;

�� (d) Shall be trauma-informed and gender-responsive; and

�� (e) Shall be at least 270 days� duration.

�� (2) The department shall provide capital improvements and capital construction necessary for the implementation of the program.

�� (3) Notwithstanding subsection (1) of this section, the department may convert the structured special alternative incarceration program required by this section into an intensive alternative incarceration addiction program as described in ORS 421.506 if the department determines that the needs of offenders in the department�s custody would be better served by an intensive alternative incarceration addiction program than by the structured special alternative incarceration program. [1993 c.681 �3; 1997 c.63 �3; 2005 c.271 �7; 2005 c.708 �12; 2007 c.617 �1; 2009 c.595 �380; 2021 c.501 �5; 2023 c.108 �3]

�� Note: See note under 421.500.

�� 421.506 Intensive alternative incarceration addiction program; requirements. The Department of Corrections shall establish an intensive alternative incarceration addiction program. The program shall:

�� (1) Address addiction as a chronic disease, recognizing that participants have individualized needs and different recovery progressions;

�� (2) Require compliance with program rules;

�� (3) Include a range of professional treatment services, recovery activities, engagement with peer mentors, educational and vocational services and self-help groups;

�� (4) Provide addiction treatment that incorporates proven, research-based interventions;

�� (5) Be trauma-informed and gender-responsive; and

�� (6) Be at least 270 days� duration. [2003 c.464 �2; 2021 c.501 �6; 2023 c.108 �4]

�� Note: See note under 421.500.

�� 421.507 Suspension or termination of program; report to legislature. (1) The Department of Corrections may not suspend or terminate an alternative incarceration program in its entirety for more than five consecutive days unless the department has considered all other alternative actions, including modification of the program or the delivery of the program by correspondence or other remote means, and determined that continuing to deliver the program is not feasible.

�� (2) If the department suspends or terminates an alternative incarceration program as described in subsection (1) of this section, the department shall, within 30 days of the action, report to the committees of the Legislative Assembly related to the judiciary information describing:

�� (a) The alternative actions that were considered by the department, and an explanation of why the alternative actions were not implemented; and

�� (b) The department�s plan to resume the program as soon as possible.

�� (3) In addition to the reporting required by subsection (2) of this section, the department shall regularly provide to the committees of the Legislative Assembly related to the judiciary, in the manner provided in ORS 192.245, data concerning:

�� (a) How often an alternative incarceration program is interrupted in its entirety, and the length of each interruption; and

�� (b) How often the department takes any other action concerning an alternative incarceration program that results in the delay of the release dates of all adults in custody participating in the program, and the length of the delay of the release dates. [2021 c.501 �2]

�� Note: See note under 421.500.

�� 421.508 Determination of eligibility for program; denial; suspension or removal; completion. (1)(a) The Department of Corrections is responsible for determining which offenders are eligible to participate in, and which offenders are accepted for, a program. However, the department may not release an offender under subsection (4) of this section unless authorized to do so as provided in ORS 137.751.

�� (b) The department may not accept an offender into a program unless the offender consents in writing and signs a program participation agreement, prepared by the department, containing a statement providing that the offender has reviewed the program description provided by the department and agrees to comply with each of the requirements of the program.

�� (c) The department may deny, for any reason, an offender�s participation in a program. The department shall make the final determination regarding an offender�s physical or mental ability to meet the requirements of the program.

�� (d) If the department determines that an offender�s participation in a program is consistent with the safety of the community, the welfare of the applicant, the program objectives and the rules of the department, the department may, in its discretion, accept the offender into the program.

�� (2) The department may suspend or remove an offender from a program for administrative or disciplinary reasons.

�� (3) The department may not accept an offender into a program if:

�� (a) The department has removed the offender from a program during the term of incarceration for which the offender is currently sentenced; or

�� (b) The offender has a current detainer from any jurisdiction that will not expire prior to the offender�s release from the custody of the department.

�� (4) When an offender has successfully completed a program, the department may release the offender on post-prison supervision if:

�� (a) The court has entered the order described in ORS 137.751; and

�� (b) The offender has served a term of incarceration of at least one year.

�� (5) An offender may not be released on post-prison supervision under subsection (4) of this section if the release would reduce the term of incarceration the offender would otherwise be required to serve by more than 20 percent.

�� (6) For the purposes of calculating the term of incarceration served under subsection (4)(b) of this section, the department shall include:

�� (a) The time that an offender is confined under ORS 137.370 (2)(a); and

�� (b) The time for which an offender is granted nonprison leave under ORS 421.510.

�� (7) Successful completion of a program does not relieve the offender from fulfilling any other obligations imposed as part of the sentence including, but not limited to, the payment of restitution and fines. [1993 c.681 �4; 1997 c.313 �17; 2003 c.464 �4; 2008 c.35 �4; 2023 c.108 �5]

�� Note: See note under 421.500.

�� 421.509 Provision of information to program participants. (1) The Department of Corrections shall establish a process for providing regular updates and explanations, in writing, to adults in custody participating in an alternative incarceration program about changes to or decisions concerning the program, and any effect on release dates.

�� (2) The department shall establish a process to ensure that alternative incarceration program counselors adequately communicate with adults in custody who are participating in the program, including providing accurate information about the alternative incarceration program and changes to or decisions concerning the program.

�� (3) The department shall designate a staff member at each department facility who shall be accessible to adults in custody to provide accurate information about alternative incarceration programs. [2021 c.501 �4]

�� Note: See note under 421.500.

�� 421.510 Eligibility for nonprison leave; rules. (1) The Department of Corrections may consider an offender for nonprison leave under this section if the court has entered the order described in ORS 137.751.

�� (2) Nonprison leave shall provide offenders with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the offenders� discharge to post-prison supervision.

�� (3) An offender may submit a nonprison leave plan to the Department of Corrections. The plan shall indicate that the offender has secured, or has a plan to secure, an employment, educational or other transitional opportunity in the community to which the offender will be released and that a leave of up to 90 days is an essential part of the offender�s successful reintegration into the community.

�� (4) Upon verification of the offender�s nonprison leave plan, the department may grant nonprison leave no more than 90 days prior to the offender�s date of release on post-prison supervision under ORS 421.508 (4).

�� (5) The department shall establish by rule a set of conditions for offenders released on nonprison leave. An offender on nonprison leave shall be subject to immediate return to prison for any violation of the conditions of nonprison leave.

�� (6) During the period of nonprison leave, the offender must reside in, and be supervised within, the state. [1997 c.63 �2; 2003 c.464 �5; 2008 c.35 �5; 2023 c.108 �6]

�� Note: See note under 421.500.

�� 421.512 Rulemaking. (1) The Department of Corrections shall adopt rules to carry out the provisions of ORS 421.504, 421.506, 421.507, 421.508 and 421.509.

�� (2) The Oregon Criminal Justice Commission shall adopt or amend rules as necessary to integrate the programs into sentencing guidelines. [1993 c.681 �5; 2003 c.464 �6; 2021 c.501 �7]

�� Note: See note under 421.500.

FAMILY SENTENCING ALTERNATIVE PROGRAM

�� 421.520 Family Sentencing Alternative Program; rules. (1) The Department of Corrections, in partnership with the circuit court and community corrections agencies of participating counties and the Department of Human Services, shall establish the Family Sentencing Alternative Program.

�� (2) A defendant is eligible for the Family Sentencing Alternative Program if:

�� (a) The defendant�s presumptive sentence under the sentencing guidelines of the Oregon Criminal Justice Commission is a term of imprisonment in the legal and physical custody of the Department of Corrections of at least one year; and

�� (b) The defendant is pregnant at the time of sentencing or is the parent or legal guardian of a minor child and at the time of the offense or sentencing had physical custody of the child.

�� (3)(a) If the defendant meets the eligibility requirements described in subsection (2) of this section and is eligible for a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, the court may order that the defendant sign a release authorizing the Department of Human Services to provide the community corrections agency with written confirmation of, and consultation concerning, any open or current juvenile dependency proceeding or any prior substantiated allegation of abuse or neglect involving the defendant and a minor child.

�� (b) The court may consider eligibility in the Family Sentencing Alternative Program as a mitigating factor when determining whether to sentence the defendant to probation, with a requirement that the defendant participate in the program as a condition of probation, as a downward dispositional departure under the rules of the commission.

�� (4) After receipt of the information described in subsection (3) of this section, the community corrections agency, in consultation with the Department of Human Services, shall determine if the Family Sentencing Alternative Program is an appropriate program for the defendant and, if the program is appropriate and the defendant is sentenced to a term of probation, require participation in the program for the probationary sentence. In addition to the conditions of probation ordered under ORS 137.540, the defendant may be required to comply with any additional conditions related to the program, including but not limited to:

�� (a) Geographical restrictions, including house arrest and electronic surveillance;

�� (b) Participation in vocational training; and

�� (c) Completion of:

�� (A) Parenting skills classes;

�� (B) Drug or alcohol treatment;

�� (C) Mental health treatment; or

�� (D) Life skills classes.

�� (5) The Department of Human Services and community corrections agencies shall cooperate with the Department of Corrections in implementing the Family Sentencing Alternative Program described in this section.

�� (6) The Department of Human Services and the Department of Corrections shall jointly submit a report concerning the Family Sentencing Alternative Program, which must include program outcomes and data related to the efficacy of the program, and which may include recommendations for legislation, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the judiciary no later than January 1 of each year.

�� (7) The Department of Corrections shall establish a process for selecting counties to participate in the Family Sentencing Alternative Program.

�� (8) The Department of Corrections and the Department of Human Services may adopt rules to carry out the provisions of this section.

�� (9) Services provided under the Family Sentencing Alternative Program must be culturally specific and gender-responsive whenever possible. [2025 c.484 �1]

�� Note: 421.520 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MEDICAL TREATMENT PROGRAMS

�� 421.590 Medical treatment programs; sex offenders; establishment; rules. (1) For the purposes of this section:

�� (a) �Medical treatment program� means a treatment program based on a successful medical model that has been proven to reduce recidivism and that is within the range of treatments generally recognized as acceptable within the medical community, including:

�� (A) Treatment by prescribed medication when recommended by a qualified psychiatrist, physician, physician associate, naturopathic physician or nurse practitioner; or

�� (B) Psychological treatment.

�� (b) �Program participant� means a person sentenced for a term of imprisonment based on conviction of a sex crime or a felony attempt to commit a sex crime, or a person who is eligible for parole or post-prison supervision after a term of imprisonment based on conviction of a sex crime or a felony attempt to commit a sex crime, who agrees to participate in a medical treatment program after having been evaluated to be a suitable candidate and who has been provided with adequate information to give informed consent to participation.

�� (c) �Sex crime� means rape in any degree, sodomy in any degree, unlawful sexual penetration in any degree and sexual abuse in the first or second degree.

�� (2) The Department of Corrections shall establish a medical treatment program for persons convicted of a sex crime or a felony attempt to commit a sex crime. Any person sentenced for a sex crime or a felony attempt to commit a sex crime may be evaluated to determine if available medical or psychological treatment would be likely to reduce the biological, emotional or psychological impulses that were the probable cause of the person�s criminal conduct. If the evaluation determines that the person is a suitable candidate, the department shall offer to allow the person to participate in the medical treatment program. The person must agree to become a program participant.

�� (3) The State Board of Parole and Post-Prison Supervision shall offer as a condition of parole or post-prison supervision to persons convicted of a sex crime or a felony attempt to commit a sex crime the opportunity to participate in a medical treatment program established by the Department of Corrections under this section. Any person eligible for release for a sex crime or felony attempt to commit a sex crime may be evaluated to determine if available medical or psychological treatment would be likely to reduce the biological, emotional or psychological impulses that were the probable cause of the person�s criminal conduct. If the evaluation determines that the person is a suitable candidate, the board shall offer to allow the person to participate in the medical treatment program. The person must agree to become a program participant.

�� (4) The Department of Corrections shall adopt rules prescribing the procedures and guidelines for implementing the medical treatment programs required under the provisions of this section. [1993 c.807 �5; 2003 c.14 �233; 2014 c.45 �46; 2017 c.356 �46; 2024 c.73 �71]

�� Note: 421.590 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

STATE PENITENTIARY

�� 421.605 Location and use of penitentiary. The Oregon State Penitentiary, located in Salem, Marion County, shall be used as a Department of Corrections institution for the imprisonment of male persons committed to the custody of the Department of Corrections. [Formerly 421.010; 1971 c.212 �3; 1987 c.320 �208a]

�� 421.609 New correctional facilities; authorization; limitation on. (1) The Department of Corrections may not seek authorization for construction or expansion of new correctional facilities or expansion of existing correctional facilities in this state unless the department:

�� (a) Has evaluated the availability and cost of using correctional facilities outside this state; and

�� (b) Has determined that constructing new correctional facilities, including costs of debt service and infrastructure improvements, or expanding existing correctional facilities in this state is less expensive than using correctional facilities outside this state after considering constitutional requirements, requirements of state law and available programs that enhance the likelihood of offenders successfully functioning in society upon release.

�� (2) If the Department of Corrections determines that using appropriate correctional facilities outside this state is less expensive than constructing new correctional facilities, including costs of debt service and infrastructure improvements, or expanding existing correctional facilities, the department shall use correctional facilities outside this state. [1997 c.715 �6(1),(2)]

�� Note: 421.609 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 421.610 [1961 c.491 �1; 1971 c.212 �4; repealed by 1987 c.320 �246]

CORRECTIONS FACILITIES SITING

(Generally)

�� 421.611 Findings. The Legislative Assembly finds that:

�� (1) There is a serious and urgent need to construct and operate additional correctional facilities in this state to accommodate current and projected prison populations.

�� (2) Immediate corrections facility planning and siting requires an expedited process. Existing corrections facility siting procedures are inadequate to meet the current and projected need for the siting of additional correctional facilities in this state. [1995 c.745 �1]

�� Note: 421.611 to 421.630 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 421.612 Definitions. As used in ORS 421.611 to 421.630, unless the context otherwise requires:

�� (1) �Authority� means the Corrections Facilities Siting Authority as established in ORS

ORS 431.003

431.003, to act as a county registrar. In consultation with the state registrar, each county registrar may designate one or more deputy county registrars. The county registrar shall be sufficiently positioned within the county and have sufficient contact with deputy county registrars to ensure compliance with this chapter and rules adopted under this chapter.

�� (2) The county and deputy county registrars shall:

�� (a) Comply with all instructions of the state registrar;

�� (b) Check upon the compliance of others with the provisions of this chapter and with rules adopted under this chapter; and

�� (c) Make an immediate report to the state registrar of any violation of this chapter or of a rule adopted under this chapter coming to their notice by observation, upon complaint of a person or otherwise.

�� (3) The Oregon Health Authority, after taking into consideration county needs, shall adopt rules under which a county registrar may issue certified copies of records of live births or deaths that occur in the county within six months of the date of the live birth or death. [Amended by 1983 c.709 �5; 1985 c.207 �3; 1997 c.783 �5; 2013 c.366 �7; 2015 c.736 �75]

�� 432.040 [Amended by 1983 c.709 �28; repealed by 2013 c.366 �88]

�� 432.045 [Amended by 1971 c.16 �1; 1983 c.709 �29; repealed by 1997 c.783 �48]

�� 432.050 [Amended by 1983 c.709 �30; repealed by 1997 c.783 �48]

�� 432.055 [Repealed by 1973 c.829 �71]

�� 432.060 [1961 c.191 ��2,3; 1983 c.709 �31; 2005 c.342 �1; 2009 c.595 �610; renumbered 413.196 in 2013]

REPORTS

(Generally)

�� 432.075 Duty to report information to state registrar; immunity. (1) A person having knowledge of the facts shall furnish all information the person may possess regarding a live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership or dissolution of marriage or domestic partnership upon demand of the State Registrar of the Center for Health Statistics.

�� (2) A person required to report information under this chapter or the rules adopted under this chapter shall provide the information to the state registrar within five calendar days of receiving the information.

�� (3) Within five calendar days of receipt of autopsy results or other information that would provide pending or missing information or correct errors in a reported cause of death, the medical certifier or medical examiner required to report the death under ORS 432.133 shall submit an affidavit on the cause of death to amend the record.

�� (4) A person or institution that in good faith provides information required by this chapter or by rules adopted under this chapter shall not be subject to an action for civil damages.

�� (5) The state registrar may require alternative documentation from the provider of information relating to the occurrence of a vital event for the purpose of quality assurance. [1983 c.709 �23; 1997 c.783 �6; 2013 c.366 �8]

�� 432.080 [1985 c.397 �1; 1991 c.67 �114; 1997 c.783 �8; repealed by 2013 c.366 �88]

(Keeping of Information Necessary to Submit Reports)

�� 432.083 Requirements for institutions, health care practitioners and persons who transport dead bodies. (1) A person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to the institution. The record shall include information as required for the reports of live birth, death, fetal death or induced termination of pregnancy required by this chapter. The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.

�� (2) A licensed health care practitioner shall keep a record of personal data concerning each person under the practitioner�s care for a condition that results in a reportable vital event if a record for that event is not maintained by an institution as described in subsection (1) of this section. The record shall include information as required for the reports of live birth, death, fetal death or induced termination of pregnancy required by this chapter. The record shall include information provided by the person under the practitioner�s care. If the person being treated cannot provide the information, then the practitioner shall obtain the information from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.

�� (3) When a dead body or fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, Social Security number, if issued, date of death, name and address of the person to whom the body or fetus is released and date of removal from the institution. If final disposition is made by the institution, the date, place and manner of disposition shall also be recorded.

�� (4) A funeral service practitioner, embalmer, sexton or other person who removes from the place of death, transports or makes final disposition of a dead body or fetus, in addition to filing a report required by this chapter or rules adopted under this chapter, shall keep a record that identifies the body and that includes information pertaining to the receipt, removal, delivery and final disposition of the body as may be required by rules adopted by the State Registrar of the Center for Health Statistics.

�� (5) Copies of records described in subsections (1) to (3) of this section shall be sent to the state registrar at least monthly. Records maintained under this section shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or a representative of the state registrar upon demand. [Formerly 432.165]

�� 432.085 [1985 c.397 �2; 1993 c.18 �108; 1997 c.783 �9; 2009 c.595 �611; 2013 c.366 �39; renumbered 432.440 in 2013]

(Reports of Live Birth)

�� 432.088 Mandatory submission and registration of reports of live birth; persons required to report; rules. (1) A report of live birth for each live birth that occurs in this state shall be submitted to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after the live birth and shall be registered if the report has been completed and filed in accordance with this section.

�� (2) The physician, institution or other person providing prenatal care related to a live birth shall provide prenatal care information as required by the state registrar by rule to the institution where the delivery is expected to occur not less than 30 calendar days prior to the expected delivery date.

�� (3) When a live birth occurs in an institution or en route to an institution, the person in charge of the institution or an authorized designee shall obtain all data required by the state registrar, prepare the report of live birth, certify either by signature or electronic signature that the child was born alive at the place and time and on the date stated and submit the report as described in subsection (1) of this section.

�� (4) In obtaining the information required for the report of live birth, an institution shall use information gathering procedures provided or approved by the state registrar. Institutions may establish procedures to transfer, electronically or otherwise, information required for the report from other sources, provided that the procedures are reviewed and approved by the state registrar prior to the implementation of the procedures to ensure that the information being transferred is the same as the information being requested.

�� (5)(a) When a live birth occurs outside an institution, the information for the report of live birth shall be submitted within five calendar days of the live birth in a format adopted by the state registrar by rule in the following order of priority:

�� (A) By an institution where the person who gave birth to the child and child are examined, if examination occurs within 24 hours of the live birth;

�� (B) By a physician in attendance at the live birth;

�� (C) By a direct entry midwife licensed under ORS 687.405 to 687.495 in attendance at the live birth;

�� (D) By a person not described in subparagraphs (A) to (C) of this paragraph and not required by law to be licensed to practice midwifery who is registered with the Center for Health Statistics to submit reports of live birth and who was in attendance at the live birth; or

�� (E) By the parent who gave birth to the child or the child�s presumed parent, alleged genetic parent, acknowledged parent, intended parent, any other parent or, in the absence or inability of any parent, the person in charge of the premises where the live birth occurred.

�� (b) The state registrar may establish the manner of submitting the information for the report of live birth by a person described in paragraph (a)(D) of this subsection or a physician or licensed direct entry midwife who attends the birth of his or her own child, grandchild, niece or nephew.

�� (6) When a report of live birth is submitted that does not include the minimum acceptable documentation required by this section or any rules adopted under this section, or when the state registrar has cause to question the validity or adequacy of the documentation, the state registrar, in the state registrar�s discretion, may refuse to register the live birth and shall enter an order to that effect stating the reasons for the action. The state registrar shall advise the applicant of the right to appeal under ORS 183.484.

�� (7) When a live birth occurs on a moving conveyance:

�� (a) Within the United States and the child is first removed from the conveyance in this state, the live birth shall be registered in this state and the place where it is first removed shall be considered the place of live birth.

�� (b) While in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the report of live birth shall show the actual place of birth insofar as can be determined.

�� (8) For purposes of making a report of live birth and live birth registration:

�� (a) The person who gave birth to the child is a birth parent.

�� (b) If a court of competent jurisdiction determines that a person other than the person who gave birth to the child is the child�s genetic parent or intended parent, the court may order the state registrar to amend the record of live birth. The record of live birth shall then be placed under seal.

�� (9)(a) If the person who gave birth to the child is married at the time of either conception or live birth, or within 300 days before the live birth, the name of the spouse of the person who gave birth to the child shall be entered on the report of live birth as a parent of the child unless parentage has been determined otherwise by a court of competent jurisdiction.

�� (b) If the parent who gave birth to the child is not married at the time of either conception or live birth, or within 300 days before the live birth, the name of the other parent may be entered on the report of live birth only if the parent who gave birth to the child and the other person to be named as a parent sign a voluntary acknowledgment of parentage form or other form prescribed under ORS

ORS 432.142

432.142]

�� 432.119 [1973 c.829 �11; 1979 c.426 �1; 1983 c.709 �33; 1997 c.783 �13; 2009 c.595 �612; repealed by 2013 c.366 �88]

�� 432.120 [Amended by 1983 c.709 �20; repealed by 1997 c.783 �14 (432.121 enacted in lieu of 432.120)]

�� 432.121 [1997 c.783 �15 (enacted in lieu of 432.120); 1999 c.254 �1; 1999 c.312 �3; 2001 c.838 �23; 2003 c.380 �8; 2007 c.703 �9; 2013 c.366 �33; renumbered 432.350 in 2013]

�� 432.122 [1983 c.709 �24; 1997 c.783 �18; repealed by 2013 c.366 �88]

�� 432.124 [1999 c.254 �7; 2013 c.366 �34; renumbered 432.355 in 2013]

�� 432.125 [Repealed by 1983 c.709 �45]

�� 432.130 [Amended by 1983 c.709 �25; repealed by 2013 c.366 �88]

(Reports of Death and Fetal Death)

�� 432.133 Mandatory submission and registration of reports of death; persons required to report. (1)(a) A report of death for each death that occurs in this state must be submitted through the state electronic reporting system to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after death or the finding of a dead body and before final disposition, and must be registered if it has been completed and submitted in accordance with this section.

�� (b) If the place of death is unknown, but the dead body is found in this state, the report of death must be completed and submitted in accordance with this section. The place where the body is found must be noted as the place of death except, if in an emergency the decedent is moved by conveyance to another county and is dead on arrival, the death shall be considered to have occurred in the county from where the body was originally moved.

�� (c) When death occurs in a moving conveyance within or outside the United States and the body is first removed from the conveyance in this state, the death must be registered in this state and the place where the body is first removed shall be deemed the place of death. The report of death may note the actual location of death insofar as it can be determined.

�� (d) In all other cases, the place where death is pronounced shall be considered the place where death occurred.

�� (e) If the date of death is unknown, the medical certifier shall determine the date by approximation. If the date cannot be determined by approximation, the date that the body was found shall be entered on the report of death.

�� (2)(a) The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of the dead body shall submit the report of death to the Center for Health Statistics, or as otherwise directed by the state registrar. In cases where there is no funeral service practitioner or person acting as a funeral service practitioner, the medical examiner shall submit the report of death.

�� (b) The funeral service practitioner or person acting as the funeral service practitioner shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible for the medical certification.

�� (c) The funeral service practitioner or person acting as the funeral service practitioner shall provide sufficient information to identify the decedent to the medical certifier within 48 hours after death unless the medical certification has already been submitted.

�� (3) A medical certification shall be completed within 48 hours after having access to the report of death by the decedent�s primary or attending medical certifier who was in charge of the care of the patient for the illness or condition that resulted in death, except when inquiry is required under ORS chapter 146. In the absence or inability of the medical certifier, or with the medical certifier�s approval, the report of death may be completed by an associate of the medical certifier, the chief medical officer of the institution where death occurred or the physician who performed an autopsy upon the decedent, provided that the associate, chief medical officer or physician has access to the medical history of the case and death is due to natural causes. The person completing the cause of death shall attest to its accuracy by electronic signature.

�� (4) When inquiry is required under ORS chapter 146, the medical examiner in the jurisdiction where death occurred or the body was found shall determine the cause and manner of death and shall complete and sign the medical certification within 48 hours after taking charge of the case. If the cause or manner of death is unknown or pending investigation, the cause or manner of death shall be noted as such on the report of death.

�� (5) When the death occurs in a hospital, the person in charge of the hospital shall require the medical certification to be reported through the state electronic reporting system and the report of death to include the electronic signature of the medical certifier.

�� (6)(a) When a death occurs in a hospital described in subsection (5) of this section and the death is not under the jurisdiction of a medical examiner, the person in charge of the hospital or the designated representative of the person in charge of the hospital shall enter the following information on the report of death within 48 hours of death:

�� (A) If the report of death does not exist in the state electronic reporting system, the name of the decedent, the date of the decedent�s birth, the date of the decedent�s death and the county in which the decedent died; and

�� (B) The medical certification of death, accompanied by the electronic signature of the person completing the cause of death as described in subsection (3) of this section.

�� (b) The partially completed report of death prepared under this subsection shall be made available to the funeral service practitioner or person acting as a funeral service practitioner within 48 hours of death.

�� (7) Upon receipt of autopsy results or other information that would change the information related to the cause or manner of death, a medical certifier or medical examiner shall submit an amendment to the record of death within five calendar days to the Center for Health Statistics.

�� (8) When a death that is not the subject of a presumptive death proceeding in a court in this state or another state is presumed to have occurred in this state as the result of a known event in this state, but no remains of the presumed deceased can be located, a report of death may be prepared by the Chief Medical Examiner upon receiving an order from a court of competent jurisdiction that contains findings of fact necessary to complete the report of death. A report of death prepared under this subsection must be marked or flagged �Presumptive� and show on its face the date of death as determined by the court, the date of registration, the identity of the court and the date of the order.

�� (9) When a death of a missing person domiciled in this state, and that is not the subject of a presumptive death proceeding in a court of this state or another state, has been determined by a court of competent jurisdiction to have presumptively occurred in another state, a report of death may be prepared by the Chief Medical Examiner upon receiving an order from the court that contains findings of fact necessary to complete the report of death. A report of death prepared under this subsection must be marked or flagged �Presumptive� and show on its face the date of death as determined by the court, the date of registration, the identity of the court and the date of the order.

�� (10) When a death occurring in this state has not been registered as prescribed by this section, a report of death may be submitted to the state registrar as described in this section provided that the medical certifier or medical examiner and the funeral service practitioner or person acting as a funeral service practitioner are available to complete the report of death. If the report of death is submitted more than one year after the date of death or the date on which the body was found, the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner shall state in accompanying notarized statements that the information submitted is based on records kept in the files of the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner. If the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner are unavailable to complete the report of death, or decline to complete the report death, then the death shall not be registered except upon the receipt of an order from a court of competent jurisdiction.

�� (11) A report of death required to be submitted under this section must contain the Social Security number of the decedent when the Social Security number is reasonably available from other records related to the decedent or can be obtained from the person in charge of the final disposition of the decedent.

�� (12) For a decedent who was homeless at the time of death, including a decedent who was homeless but receiving care at a hospital or other institution, a report of death required to be submitted under this section must indicate that the decedent�s residence address was �Domicile Unknown.�

�� (13) If a decedent�s death was caused by suicide, the person who submits the report of death to the Center for Health Statistics, or as otherwise directed by the state registrar, shall make reasonable efforts to ascertain whether the decedent was a veteran and, if the decedent was a veteran, whether the decedent served in combat and, if so, where the decedent served. Information acquired under this subsection must be reported to the Center for Health Statistics through the state electronic reporting system. [Formerly 432.307; 2017 c.151 �25; 2021 c.417 �1; 2025 c.444 �1]

�� 432.135 [Amended by 1983 c.709 �9; renumbered 432.142]

�� 432.138 Court orders for records of death. (1)(a) A death may be registered by the Chief Medical Examiner as specified in ORS 432.133 (8) or (9) upon receipt of an order from a court of competent jurisdiction.

�� (b) A court order that establishes a record of death shall include all of the following information:

�� (A) The decedent�s full legal name;

�� (B) The date of the decedent�s death as determined from evidence presented to the court; and

�� (C) The city, county and place in which the decedent died as determined from evidence presented to the court.

�� (c) A court order that establishes a record of death shall include, if available, all of the following information:

�� (A) The decedent�s date of live birth, city and state or country of live birth, race, ethnicity, sex and Social Security number and the name or names of the decedent�s parent or parents, as the name or names appear on a birth record;

�� (B) The decedent�s housing status and address, including street address, city, county, state and zip code at the time of death;

�� (C) The decedent�s marital status at the time of death;

�� (D) The name, as it appears on a birth record, of any surviving spouse; and

�� (E) The information necessary to complete the medical certification, including the cause and manner of death and, if the death occurred because of an injury, information on how and when the injury occurred, or, if the cause and manner of death are not known, a statement that the cause and manner of death are not known.

�� (2) On the basis of the information in the court order, the Chief Medical Examiner shall prepare a report of death. The State Registrar of the Center for Health Statistics shall use a report of death prepared under this subsection to register the death.

�� (3) All records of death issued under this section shall show the date of the court order and the name of the court issuing the order.

�� (4) If the death was registered pursuant to ORS 432.133 (8) or (9), the record of death shall be flagged as being �Presumptive.� [2013 c.366 �18; 2017 c.151 �26; 2021 c.417 �2]

�� 432.140 [Amended by 1983 c.709 �8; 1997 c.783 �19; 2013 c.366 �14; renumbered 432.113 in 2013]

�� 432.141 Annual reporting of opiate and opioid overdoses. (1) From resources available to the Oregon Health Authority, the authority shall compile statistics on the total number of opioid and opiate overdoses and the total number of opioid and opiate overdose related deaths occurring in this state.

�� (2) Not less than once every three months, the authority shall report to the Governor and each local health department, as defined in ORS 431.003, the statistics compiled under subsection (1) of this section.

�� (3) Not later than January 15 of each year, the authority shall report to the interim committees of the Legislative Assembly related to health care, in the manner provided by ORS 192.245, the statistics compiled under subsection (1) of this section for the immediately preceding year. The report must include the most recently available relevant data. [2017 c.683 �9; 2025 c.624 �1]

�� Note: Section 2, chapter 624, Oregon Laws 2025, provides:

�� Sec. 2. (1) The amendments to ORS 432.141 by section 1 of this 2025 Act first apply to the report required under ORS

ORS 433.133

433.133 and 433.136;

�� (b) The petitions, affidavits, judgments and orders of the court; and

�� (c) A copy of the orders issued.

�� (2) Any portion of the account of the proceedings, the transcript of testimony, the petition, any affidavit, judgment, order of the court, recording of the proceeding or any other court record may be disclosed only:

�� (a) Upon request of a person subject to the proceedings or the legal representative or attorney of the person;

�� (b) To the Public Health Director or a local public health administrator; or

�� (c) Pursuant to court order, when the court finds that the petitioner�s interest in public disclosure outweighs the privacy interests of the individual who is the subject of the petition. [2011 c.721 �9]

�� 433.138 Assistance of law enforcement officials in enforcing orders. State and local law enforcement officials, to the extent resources are available, must assist the Public Health Director or the local public health administrator in enforcing orders issued under ORS 433.121, 433.123 and 433.142. [2007 c.445 �16]

�� 433.140 Payment of isolation or quarantine expenses; assistance. (1) The expenses incurred under ORS 433.128, when properly certified by the local public health administrator, shall be paid by the person who is isolated or quarantined, when the person is able to pay the expenses.

�� (2) The Oregon Health Authority may provide general assistance and medical assistance for the person who is isolated or quarantined, on the basis of need, provided that no payment shall be made for the care of any such person in or under the care of any public institution, except as provided in ORS 411.439 and 411.447, or public agency or municipality. [Amended by 1971 c.779 �64; 2007 c.445 �29; 2009 c.595 �645; 2015 c.836 �4]

�� 433.142 Petition for isolation of contaminated property; contents; hearing; court order. (1) As used in this section, �to isolate property� means to restrict access to property in a manner that reduces or prevents exposure to a toxic substance by persons.

�� (2) The Public Health Director or a local public health administrator may petition the circuit court to isolate property if there is reason to believe the property is contaminated with a toxic substance that poses a serious risk to the health and safety of others.

�� (3) The petition must:

�� (a) Describe the property subject to isolation;

�� (b)(A) Describe the reasonable efforts made to obtain voluntary compliance from the owner or custodian of the property with public health measures necessary to isolate the property; or

�� (B) Explain why reasonable efforts to obtain voluntary compliance are not possible and why the pursuit of these efforts creates a risk of serious harm to others;

�� (c) Describe the suspected toxic substance and the health effects of exposure to the toxic substance;

�� (d) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the toxic substance could spread to or contaminate others if remedial action is not taken;

�� (e) Provide information supporting the reasonable belief of the Public Health Director or the local public health administrator that the toxic substance poses a serious risk to the health and safety of others if the property is not isolated;

�� (f) Explain why isolation of the property is the least restrictive means available to prevent a serious risk to the health and safety of others; and

�� (g) Explain whether the property subject to isolation can be decontaminated or whether the property must be destroyed.

�� (4) The petition must be personally served on the owner or custodian of the property.

�� (5)(a) The court shall hold a hearing within 72 hours of the filing of the petition, exclusive of Saturdays, Sundays and legal holidays.

�� (b) For good cause shown, or with consent of the affected owner or custodian of the property, the Public Health Director or the local public health administrator may apply to continue the hearing date for up to 10 days, which continuance the court may grant at its discretion giving due regard to the rights of the affected owner or custodian of the property, the protection of the public health, the severity of the public health threat and the availability of necessary witnesses and evidence.

�� (c) A hearing may be waived by the owner or custodian of the property.

�� (6) The court shall grant the petition if, by clear and convincing evidence, the court finds that isolation of property contaminated with a toxic substance is necessary to prevent a serious risk to the health and safety of others. An order authorizing isolation remains in effect until the toxic substance no longer poses a serious risk to the health and safety of others.

�� (7) The court order must:

�� (a) Identify the property to be isolated;

�� (b) Specify factual findings warranting isolation, including a description of the toxic substance believed to be contaminating the property;

�� (c) Include any conditions necessary to ensure that isolation is carried out within the stated purposes and restrictions of this section; and

�� (d) Describe the remedial actions necessary to neutralize or remove the contamination. [2007 c.445 �17; 2011 c.721 �7]

�� 433.145 [Repealed by 1973 c.259 �20]

�� 433.150 Quarantine hospital; seizure, control of and compensation for emergency hospital. (1) Any city or municipality may establish a quarantine hospital within or without its own limits, but if within its own limits, consent of the municipality within which it is proposed to establish such hospital shall be first obtained. Such consent shall not be necessary if the hospital is more than 800 feet from any occupied house or public highway.

�� (2) When a great emergency exists the board of health may seize and occupy temporarily for such quarantine hospital any suitable vacant house or building within its jurisdiction and the board of health of any city or municipality having a quarantine hospital shall have control over the same. However, in case of use of such house or premises, due compensation shall be tendered for their use.

�� 433.155 [Repealed by 1973 c.259 �13 (433.156 enacted in lieu of 433.155)]

�� 433.156 Enforcement of isolation or quarantine by law enforcement authorities. All state and local law enforcement authorities shall cooperate with any officer authorized to impose isolation or quarantine in the enforcement thereof. [1973 c.259 �14 (enacted in lieu of 433.155); 2007 c.445 �18a]

�� 433.160 [Repealed by 1973 c.259 �20]

�� 433.205 [Repealed by 1973 c.259 �20]

�� 433.210 [Repealed by 1973 c.259 �20]

�� 433.215 [Repealed by 1973 c.259 �15 (433.216 enacted in lieu of 433.215)]

�� 433.216 Detaining conveyance for inspection or investigation. If the Public Health Director finds that there is an imminent risk of the introduction into the state by means of any public or private conveyance of any dangerous communicable disease or toxic substance which presents a substantial threat to public health, the director may detain such conveyance for inspection or investigation. [1973 c.259 �16 (enacted in lieu of 433.215); 1987 c.600 �13; 2007 c.445 �19]

�� 433.220 Measures taken on discovery of disease or toxic substance; rules; jurisdiction over emergency. (1) If upon inspection pursuant to ORS 433.216, there is discovered among the passengers or goods being transported by any public or private conveyance the existence of any communicable disease or toxic substance that presents a substantial threat to public health, the Public Health Director, under rules of the Oregon Health Authority, may:

�� (a) Issue an order for testing, medical examination or treatment under ORS 433.035.

�� (b) Isolate or quarantine such persons or goods in accordance with ORS 433.121, 433.123 or

ORS 433.142

433.142.

�� (c) Require the passengers and persons conveying materials to follow the authority�s rules for the control of the specific communicable disease or prevention of harm to the public health from the toxic substance.

�� (d) Offer free immunization in those diseases to which such prophylactic treatment is applicable to all persons exposed in any conveyance.

�� (2) Should any question arise as to the existence of any emergency, the Public Health Director shall have final jurisdiction. [Amended by 1973 c.259 �17; 1987 c.600 �14; 2007 c.445 �20; 2009 c.595 �646]

�� 433.225 [Repealed by 1973 c.259 �20]

�� 433.230 [Repealed by 1973 c.259 �20]

DISEASE CONTROL IN SCHOOLS

�� 433.235 Definitions for ORS 433.235 to 433.284. As used in ORS 433.235 to 433.284:

�� (1) �Administrator� means the principal or other person having general control and supervision of a school or children�s facility.

�� (2) �Children�s facility� or �facility� means:

�� (a) A certified child care facility as described in ORS 329A.250 to 329A.450, except as exempted by rule of the Oregon Health Authority;

�� (b) A program operated by, or sharing the premises with, a certified child care facility, school or post-secondary institution where care is provided to children, six weeks of age to kindergarten entry, except as exempted by rule of the authority; or

�� (c) A program providing child care or educational services to children, six weeks of age to kindergarten entry, in a residential or nonresidential setting, except as exempted by rule of the authority.

�� (3) �Local health department� has the meaning given that term in ORS 431.003.

�� (4) �Parent� means a parent or guardian of a child or any adult responsible for the child.

�� (5) �Physician� means a physician licensed by the Oregon Medical Board or by the Oregon Board of Naturopathic Medicine or a physician similarly licensed by another state or country in which the physician practices or a commissioned medical officer of the Armed Forces or Public Health Service of the United States.

�� (6) �School� means a public, private, parochial, charter or alternative educational program offering kindergarten through grade 12 or any part thereof, except as exempted by rule of the authority. [Formerly 433.263; 1991 c.255 �1; 1995 c.278 �55; 2001 c.900 �156; 2003 c.14 �246; 2005 c.343 �1; 2009 c.43 �5; 2009 c.595 �647; 2015 c.736 �80; 2022 c.27 �17]

�� 433.240 Parental responsibility. (1) In adopting ORS 433.235 to 433.284, the Legislative Assembly recognizes the obligation of parents to have their children properly immunized and to provide to schools and facilities accurate records of immunization.

�� (2) Notwithstanding ORS 339.030, nothing in ORS 433.235 to 433.284 operates to remove parental liability under compulsory attendance laws. [1981 c.78 ��9,10; 1985 c.579 �5; 1989 c.619 �6]

�� 433.245 Advisory committee; membership. (1) The Director of the Oregon Health Authority shall appoint a committee to advise the Oregon Health Authority on the administration of the provisions of ORS 433.235 to 433.284, including the adoption of rules pursuant to ORS 433.269 (2), 433.273, 433.282 and 433.283.

�� (2) Members of the committee appointed pursuant to subsection (1) of this section shall include, but need not be limited to, representatives of the Oregon Health Authority, the Department of Human Services, the Department of Education, public, private and parochial schools, children�s facilities, institutions of post-secondary education, education service districts, local health departments, the boards of county commissioners or county courts and the public. [1981 c.78 �8; 1991 c.255 �2; 2009 c.595 �648]

�� 433.255 Persons with or exposed to restrictable disease excluded from school or children�s facility. Except in strict conformity with the rules of the Oregon Health Authority, no child or employee shall be permitted to be in any school or children�s facility when:

�� (1) That child or employee has any restrictable disease;

�� (2) That child or employee comes from any house in which exists any restrictable disease; or

�� (3) That child has been excluded as provided in ORS 433.267 (5) or (7). [Amended by 1973 c.259 �18; 1981 c.78 �2; 1989 c.224 �88; 1991 c.67 �115; 1991 c.255 �4; 2005 c.343 �2; 2009 c.595 �649]

�� 433.260 Exclusion of persons exposed to or having restrictable disease from school or children�s facility; certificate for readmission. (1) Whenever any administrator has reason to suspect that any child or employee has or has been exposed to any restrictable disease and is required by the rules of the Oregon Health Authority to be excluded from a school or children�s facility, the administrator shall send such person home and, if the disease is one that must be reported to the authority, report the occurrence to the local health department by the most direct means available.

�� (2) Any person excluded under subsection (1) of this section may not be permitted to be in the school or facility until the person presents a certificate from a physician, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, local health department nurse or school nurse stating that the person does not have or is not a carrier of any restrictable disease. [Amended by 1973 c.259 �19; 1979 c.731 �7; 1981 c.78 �3; 1989 c.224 �89; 1991 c.255 �5; 2001 c.900 �157; 2005 c.471 �1; 2009 c.595 �650; 2014 c.45 �55; 2024 c.73 �80]

�� 433.263 [1973 c.566 �1; 1979 c.731 �8; 1981 c.78 �1; renumbered 433.235]

�� 433.265 [Repealed by 1973 c.259 �20]

�� 433.267 Immunization of school children; rules; exceptions; effect of failure to comply. (1) As a condition of attendance in any school or children�s facility in this state, every child through grade 12 shall submit to the administrator, unless the school or facility the child attends already has on file a record that indicates that the child has received immunizations against the restrictable diseases prescribed by rules of the Oregon Health Authority as provided in ORS

ORS 433.443

433.443.

�� (7) �Isolation� means the physical separation and confinement of a person or group of persons who are infected or reasonably believed to be infected with a communicable disease or possibly communicable disease from nonisolated persons to prevent or limit the transmission of the disease to nonisolated persons.

�� (8) �Local public health administrator� has the meaning given that term in ORS 431.003.

�� (9) �Property� means animals, inanimate objects, vessels, public conveyances, buildings and all other real or personal property.

�� (10) �Public health measure� has the meaning given that term in ORS 431A.005.

�� (11) �Quarantine� means the physical separation and confinement of a person or group of persons who have been or may have been exposed to a communicable disease or possibly communicable disease and who do not show signs or symptoms of a communicable disease, from persons who have not been exposed to a communicable disease or possibly communicable disease, to prevent or limit the transmission of the disease to other persons.

�� (12) �Reportable disease� has the meaning given that term in ORS 431A.005.

�� (13) �Simultaneous electronic transmission� means transmission by television, telephone or any other electronic or digital means if the form of transmission allows:

�� (a) The court and the person making the appearance to communicate with each other during the proceeding; and

�� (b) A person who is represented by legal counsel to consult privately with the person�s attorney during the proceeding.

�� (14) �Toxic substance� has the meaning given that term in ORS 431A.005.

�� (15) �Tribal epidemiology center� means any tribal epidemiology center in this state operating under 25 U.S.C. 1621m for the benefit of any tribe.

�� (16) �Tribe� means any of the nine federally recognized Indian tribes in this state. [1973 c.259 �2; 1987 c.600 �1; 2001 c.900 �155; 2007 c.445 �6; 2009 c.268 �1; 2009 c.595 �624; 2011 c.721 �1; 2015 c.736 �76; 2025 c.265 �1]

�� 433.003 [1973 c.259 �4 (enacted in lieu of

ORS 435.496

435.496 and shall not be reported as fetal deaths.

�� (2) When fetal death occurs in an institution or en route to an institution, the person in charge of the institution or an authorized designee shall obtain all data required by the state registrar, prepare the report of fetal death, certify by electronic signature that the information reported is accurate and complete and submit the report as described in subsection (1) of this section.

�� (3) In obtaining the information required for the report of fetal death, an institution shall use information gathering procedures provided or approved by the state registrar. Institutions may establish procedures to transfer, electronically or otherwise, information required for the report from other sources, provided that the procedures are reviewed and approved by the state registrar prior to the implementation of the procedures to ensure that the information being transferred is the same as the information being requested.

�� (4) If fetal death occurs outside an institution, the physician in attendance at or immediately after the delivery of the fetus shall prepare and submit the report of fetal death within five calendar days of the delivery in a format adopted by the state registrar by rule.

�� (5) If fetal death occurs outside an institution and without a physician in attendance at or immediately after the delivery of the fetus, or if inquiry is required by ORS chapter 146, the medical examiner in the jurisdiction where the fetal death occurred shall prepare and submit the report of fetal death within five calendar days of the delivery in a format adopted by the state registrar by rule. If the cause of fetal death is unknown or pending investigation, the cause shall be noted as such on the report of fetal death.

�� (6) When fetal death occurs in a moving conveyance within or outside the United States and the fetus is first removed from the conveyance in this state, the fetal death must be registered in this state and the place where the fetus is first removed shall be deemed the place of fetal death. The report of fetal death may note the actual location of fetal death insofar as it can be determined.

�� (7) When a fetus is found in this state and the place of delivery is unknown, the report of fetal death must indicate that the place where the fetus was found is the place of delivery.

�� (8) When a record of fetal death is amended, a notation indicating the record was amended must be shown on all certified copies of the record. The date of the amendment and the certified copy item that was amended must also be shown on all certified copies of the record. [Formerly 432.333]

�� 432.145 [Amended by 1957 c.339 �1; 1971 c.16 �2; 1979 c.696 �1; 1983 c.709 �21; repealed by 1991 c.245 �1 (432.146 enacted in lieu of 432.145)]

�� 432.146 [1991 c.245 �2; 1993 c.345 �1; 1997 c.636 �2; 2009 c.595 �613; 2013 c.366 �41; renumbered 432.435 in 2013]

�� 432.148 Commemorative Certificate of Stillbirth; rules. (1) The State Registrar of the Center for Health Statistics shall establish a Commemorative Certificate of Stillbirth. The certificate shall be signed by the state registrar.

�� (2) The state registrar shall issue a Commemorative Certificate of Stillbirth for a stillbirth occurring on or after January 1, 1999, upon:

�� (a) Request of a genetic parent of the stillborn fetus; and

�� (b) Payment of the fee adopted by the state registrar by rule.

�� (3) The state registrar shall adopt by rule:

�� (a) A form for the certificate;

�� (b) The type of information that may be included on the form; and

�� (c) The fee required for issuance of the certificate.

�� (4) A certificate issued under this section is for commemorative purposes only and has no legal effect. [Formerly 432.266; 2025 c.592 �147]

�� 432.150 [Amended by 1957 c.185 �1; repealed by 1983 c.709 �45]

�� 432.153 Status of reports under ORS 435.496; rules. The reports required under ORS 435.496 are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. A schedule for the disposition of these reports may be provided by rule of the State Registrar of the Center for Health Statistics. [Formerly 432.337]

�� 432.155 [Repealed by 1979 c.696 �14]

�� 432.158 Disposition of remains; rules. (1) Human remains shall be disposed of in accordance with ORS chapter 97.

�� (2) The funeral service practitioner or person acting as a funeral service practitioner who first assumes possession of a dead body or fetus shall submit written notice to the county registrar in the county in which death occurred or in which the dead body or fetus was found within 24 hours of taking possession of the dead body or fetus. The notice must be on a form prescribed and furnished by the State Registrar of the Center for Health Statistics.

�� (3) Before the final disposition of a dead body, the funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of the dead body shall obtain written authorization, on a form prescribed and furnished by the state registrar, for final disposition of the dead body from the medical certifier or medical examiner who certifies the cause of death as described in ORS 432.133. If the funeral service practitioner or person acting as a funeral service practitioner is unable to obtain written authorization before the final disposition of the dead body, the funeral service practitioner or person acting as a funeral service practitioner may authorize, with the oral consent of the medical certifier or medical examiner who is responsible for certifying the cause of death, the final disposition of the dead body on a form prescribed and furnished by the state registrar.

�� (4) Upon request of a parent or the parent�s authorized representative, a disposition permit may be issued for a fetus that is not reportable as a fetal death.

�� (5) A permit authorizing final disposition issued under the law of another state that accompanies human remains brought into this state shall have the same force and effect as a permit authorizing final disposition issued by the state registrar.

�� (6) A person in charge of a place where interment or other disposition of human remains is made may not inter or allow interment or other disposition of human remains unless the human remains are accompanied by a permit authorizing disposition.

�� (7) A person in charge of a place where interment or other disposition of human remains is made shall indicate on the permit authorizing disposition the date of disposition and return the completed permit to the county registrar of the county where death occurred. If there is no such person, the funeral service practitioner or person acting as the funeral service practitioner shall complete the permit and return it to the county registrar of the county where death occurred.

�� (8) Except as provided in ORS 97.223, disinterment of human remains requires authorization for disinterment and reinterment. The state registrar may issue authorization for disinterment and reinterment to a funeral service practitioner or person acting as a funeral service practitioner upon application, as required by the state registrar by rule.

�� (9) Prior to removing a dead body or fetus from this state under ORS 692.270, a funeral service practitioner or a person acting as a funeral service practitioner shall submit a written notice of removal to the country registrar in the county in which death occurred or in which the dead body or fetus was found. The notice shall be on a form prescribed and furnished by the state registrar. A copy of a written notice of removal serves as a permit for transporting the remains of a decedent named on the notice. [Formerly 432.317; 2019 c.241 �4]

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

�� 432.163 Extensions for submitting reports of death or fetal death. Upon such conditions as the State Registrar of the Center for Health Statistics may prescribe to ensure compliance with the purposes of this chapter, by rule the state registrar may provide for the extension, not to exceed 60 days, of the periods prescribed in ORS 432.133, 432.143 and 432.158 for the submission of a report of death or fetal death and related documentation and for the obtaining of a permit for disposition of human remains in cases where compliance with the applicable prescribed period would result in undue hardship. [Formerly 432.327]

�� 432.165 [Amended by 1983 c.709 �22; 1985 c.207 �4; 1997 c.783 �21; 1999 c.80 �70; 2005 c.471 �4; 2013 c.366 �9; renumbered 432.083 in 2013]

(Reports of Marriage, Domestic Partnership, Dissolution of Marriage and Dissolution of Domestic Partnership)

�� 432.173 Mandatory submission and registration of reports of marriage and reports of domestic partnership; persons required to report. (1) A report of each marriage performed and domestic partnership registered by the state shall be submitted to the Center for Health Statistics. The State Registrar of the Center for Health Statistics shall register a marriage or domestic partnership if the report of marriage or domestic partnership has been completed and submitted in accordance with this section and any rules adopted by the state registrar.

�� (2) The county clerk or county official who issues the marriage license or registers the Declaration of Domestic Partnership shall prepare the report of marriage or domestic partnership on a form prescribed and furnished by the state registrar, using information obtained from the parties to whom the marriage license or Declaration of Domestic Partnership is being issued.

�� (3) A person who performs a marriage shall certify the fact of marriage and submit the certification to the county clerk or county official who issued the license within five calendar days of the marriage ceremony.

�� (4) A county clerk or county official who issues marriage licenses or registers declarations of domestic partnership shall complete and submit the report of marriage or domestic partnership to the Center for Health Statistics within 15 calendar days of receiving the completed marriage license or registering the Declaration of Domestic Partnership. The report of marriage or domestic partnership must include a copy of the marriage license or Declaration of Domestic Partnership. [Formerly

ORS 441.333

441.333, the amount used shall constitute a loan to the facility and shall be repayable to the fund under such terms and conditions as the facility and the department agree. The rate of interest shall be set by the department to reflect the prevailing market rate on similar loans. Interest earned under this subsection shall be credited to the fund established under this section.

�� (5) The facility payment described in subsection (2) of this section shall be considered an allowable cost in setting the reimbursement rates of a facility by the department.

�� (6) The court may order that the trustee file an undertaking with the clerk of the court. The fund established under this section may serve as surety for the undertaking. [1981 c.868 �7a; 1983 c.787 �1; 1987 c.428 �21; 1989 c.966 �49; 2003 c.14 �255; 2009 c.539 �7; 2017 c.679 �38]

�� 441.305 [Amended by 1969 c.343 �15; 1971 c.647 �79; renumbered 440.350]

�� 441.306 Compensation of trustee. The court shall set the compensation of the trustee. That compensation and the compensation of the employees shall be considered a necessary expense of the trust. [1981 c.868 �8]

�� 441.307 [1957 s.s. c.13 �7; 1969 c.343 �16; repealed by 1971 c.647 �149]

�� 441.308 [Repealed by 1957 s.s. c.13 �8]

�� 441.309 Trustee as public employee. (1) In any action or special proceeding brought against a trustee in the trustee�s official capacity for acts committed while carrying out the powers granted and duties imposed by ORS 441.277 to 441.323, the trustee shall be considered a public employee.

�� (2) A trustee may be held liable in a personal capacity only for the trustee�s own gross negligence, intentional acts or breach of fiduciary duty. [1981 c.868 �9]

�� 441.310 [Amended by 1959 c.616 �1; 1969 c.343 �17; repealed by 1971 c.647 �149]

�� 441.312 License renewal of facility placed in trust. Notwithstanding other provisions of law concerning licensing of long term care facilities, a license renewal may be issued to a facility placed in trust under ORS 441.281. The duration of a license issued under this section is limited to the duration of the trust. [1981 c.868 �10; 2009 c.539 �8]

�� 441.315 [Amended by 1971 c.647 �80; renumbered 440.355]

�� 441.316 Termination of trust; extension; license revocation. (1) The court may terminate a trust if the time period specified in the order appointing the trustee lapses or if the patients in the facility have been provided with care in another facility or upon petition of the licensee if the licensee intends to discontinue the operation of or close the facility during the period of trust. The court may use its discretion in terminating a trust upon petition of the licensee to determine whether discontinuance or closure will promote the health and safety of the patients.

�� (2) At the expiration of the period for which the trustee was appointed, the court shall make a determination as to the future of the facility based upon evidence presented to the court. At that time the court may decide to:

�� (a) Order the Department of Human Services to issue a new license to the person that was the licensee when the department filed the petition under ORS 441.281 and permit the facility to continue in operation;

�� (b) Extend the period of appointment of the trustee by not more than 90 days; or

�� (c) Order the department without further administrative hearing to revoke the license of the facility.

�� (3) Nothing in ORS 441.277 to 441.323 is intended to limit or prohibit any licensee from ceasing the operation of and closing a facility during the period of the trust. However, the licensee intending to do so shall give written notice of the intended action to the trustee pursuant to rules of the department. The trustee may continue to operate the facility for a period of not more than 60 days after notice is received. The licensee shall be liable for any expenses incurred in the operation of the facility during this period. [1981 c.868 �11; 1987 c.428 �22; 2009 c.539 �9]

�� 441.318 Trustee accounting; deficiencies; lien. (1) Within 60 days following the creation of the trust by the court, and every 60 days thereafter, and within 30 days after the termination of the trust, the trustee shall give the court and the Department of Human Services a complete accounting of all property of which the trustee has taken possession, all funds collected under ORS 441.289 and 441.293 and all expenses incurred by the trust. The trustee shall prepare and file a report with the court and the department making recommendations concerning the current condition of the facility and projections for future operation of the facility and the conditions of the health and welfare of the patients.

�� (2)(a) If the funds collected by the trustee under ORS 441.289 and 441.293 exceed the reasonable expenses of the trust, the court shall order payment of the surplus to the licensee after reimbursement to the department of amounts contributed from the Facility Fund established under ORS 441.303.

�� (b) If the funds are insufficient to cover the reasonable expenses of the trust, the department may move the court for an order requiring the licensee to pay the deficiency to the department. The motion shall contain the following statement in bold:

Notice to ___

�� The Department of Human Services has filed this motion to recover from you costs incurred as a result of the operation of a facility under ORS 441.277 to 441.323. The court may enter a money judgment against you if you fail to respond to this motion within 20 days of service of this motion upon you.

�� (c) The department shall serve the motion personally or by first class mail at the last-known address of the licensee. If the licensee fails to file a response to the motion within 20 days of service, the court shall enter an order and judgment accordingly. If the licensee files a timely response, the court shall set a date for a hearing at which the court shall determine whether the expenses incurred by the trust are reasonable.

�� (d) The licensee is not liable for expenses in excess of what the court finds to be reasonable. The court shall enter a money judgment against the licensee in an amount that does not exceed the reasonable expenses. Payment recovered from the licensee shall be credited to reimburse the Facility Fund established under ORS 441.303.

�� (3) The department shall have a lien for any deficiency established under subsection (2) of this section upon any real property and other beneficial interest, direct or indirect, of any licensee, any fixtures, equipment or goods used in the operation of the facility and the proceeds from a conveyance of any such property or interest made by the licensee within the 12 months prior to the filing of the petition for appointment of a trustee.

�� (4) The lien provided in subsection (3) of this section is prior to any lien or other interest that originates subsequent to the filing of a petition for appointment of a trustee under ORS 441.281, except for a construction lien arising out of work performed with the express consent of the trustee.

�� (5) The lien established under subsection (3) of this section may be recorded in the County Clerk Lien Record described in ORS 205.130. [1981 c.868 �12; 1987 c.428 �23; 2009 c.539 �10]

�� 441.320 [Amended by 1967 c.37 �1; 1967 c.353 �1; 1971 c.89 �1; 1971 c.727 �118; renumbered 440.360]

�� 441.323 Effect of trust or temporary management on prior obligations or civil or criminal liabilities. (1) Nothing in ORS 441.277 to 441.323 is intended:

�� (a) To relieve any licensee of the facility placed in trust under ORS 441.281 or under temporary management pursuant to ORS 441.333 of any civil or criminal liability incurred, or any duty imposed by law by reason of acts or omissions of the licensee prior to the appointment of a trustee under ORS 441.281.

�� (b) To suspend any obligation of the licensee for payment of taxes or other operating and maintenance expenses of the facility or payment of mortgages or other liens during the term of the trust or the temporary management.

�� (2) A licensee may not be held professionally liable for acts or omissions of the trustee or the trustee�s employees during the term of the trust or of the temporary manager or the temporary manager�s employees during the period of temporary management. [1981 c.868 �13; 2009 c.539 �11]

�� 441.325 [Renumbered 440.365]

�� 441.330 [Renumbered 440.370]

�� 441.331 Definition of �facility� for ORS 441.331 to 441.341. As used in ORS 441.331 to 441.341, �facility� has the meaning given that term in ORS 441.277. [2009 c.539 �14]

�� Note: 441.331 to 441.341 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 441.333 Appointment of temporary manager. (1) The Department of Human Services, with the consent of the licensee, may appoint for a period not to exceed six months a temporary manager to assume control of the day-to-day operation of the facility if the department determines that the health or safety of patients in a facility are, or in the immediate future will be, in jeopardy based upon:

�� (a) The facility�s unwillingness or inability to comply with department rules in the operation of the facility;

�� (b) The imminent insolvency of the facility;

�� (c) The department�s revocation or suspension of the license of the facility; or

�� (d) The department�s determination that the licensee intends to cease operations and to close the facility without adequate arrangements for the relocation of the patients.

�� (2) A temporary manager has all of the duties and powers, as prescribed by the department by rule or as agreed upon between the department and the licensee, that are necessary to ensure the safety and well-being of the patients and the continued operation of the facility.

�� (3) The department shall compensate a temporary manager as agreed upon by the department and the licensee. Compensation of a temporary manager and compensation of any employees or agents of the temporary manager reasonably necessary to assist the temporary manager in the operation of the facility shall be considered a reasonable expense for the purpose of withdrawing funds from the Facility Fund established in ORS 441.303. [2009 c.539 �15]

�� Note: See note under 441.331.

�� 441.335 [Amended by 1963 c.9 �25; 1969 c.343 �18; renumbered 440.375]

�� 441.336 Accounting by temporary manager; deficiencies; lien. (1) Within 30 days following the appointment of a temporary manager under ORS 441.333, and every 30 days thereafter and within 30 days after the termination of the period of temporary management, the temporary manager shall give the Department of Human Services and the licensee a complete accounting of all property that the temporary manager has taken possession, all funds collected and all expenses incurred by the temporary manager on behalf of the facility and the expenditure of any funds withdrawn from the Facility Fund established under ORS 441.303 to pay those expenses.

�� (2) If a facility�s income or assets are insufficient to meet the expenses of a temporary manager in the operation of the facility, the department may withdraw funds from the Facility Fund established under ORS 441.303 to pay those expenses.

�� (3) If the department withdraws funds from the Facility Fund established under ORS 441.303 to pay the expenses of the temporary manager and compensation of any employees or agents of the temporary manager pursuant to ORS 441.333, the licensee shall be liable to the department for the deficiency.

�� (4) The department shall provide an opportunity to contest the deficiency in accordance with ORS chapter 183. The department shall serve a notice of deficiency upon the licensee in accordance with ORS 183.415 (2). The notice shall conform to ORS 183.415 and shall explain:

�� (a) The amount of the deficiency; and

�� (b) That the department may have a lien for the amount of the deficiency upon any real property and other beneficial interest, direct or indirect, of the licensee, upon any fixtures, equipment or goods used in the operation of the facility and upon the proceeds of any conveyance of such property or interest by the licensee within the 12 months prior to the appointment of the temporary manager.

�� (5) The department shall have a lien for any deficiency established under subsection (4) of this section upon any real property and other beneficial interest, direct or indirect, of the licensee, upon any fixtures, equipment or goods used in the operation of the facility and upon the proceeds of any conveyance of such property or interest by the licensee in the 12 months prior to the appointment of the temporary manager.

�� (6) The department shall conduct any hearing under this section as a contested case hearing in accordance with ORS chapter 183 and the rules of the department. The department may serve the final order without serving a proposed order. The only issues to be decided in the hearing are:

�� (a) The amount of the deficiency; and

�� (b) Whether the expenses incurred by the temporary manager are reasonable.

�� (7) The lien authorized by subsection (5) of this section is prior to any lien or other interest that arises subsequent to the appointment of a temporary manager, except for a construction lien arising out of work begun before the appointment and continued with the express consent of the temporary manager.

�� (8) The lien provided in subsection (5) of this section may be recorded in the County Clerk Lien Record maintained under ORS 205.130.

�� (9) Income received by the temporary manager on behalf of the facility and not applied to the operating expenses of the facility and any deficiency recovered by the department under this section shall be used to reimburse the Facility Fund established under ORS 441.303 for any withdrawal of funds authorized by this section. [2009 c.539 �16]

�� Note: See note under 441.331.

�� 441.338 Temporary manager as agent of state agency. In any action or proceeding brought against a temporary manager in the temporary manager�s official capacity for acts committed while carrying out the powers and duties authorized by the Department of Human Services by rule or as agreed upon between the department and the licensee, the temporary manager shall be considered an agent of the department under ORS 30.260 to 30.300. [2009 c.539 �17]

�� Note: See note under 441.331.

�� 441.340 [Repealed by 1971 c.647 �149]

�� 441.341 Rules. The Department of Human Services shall adopt rules necessary to implement ORS 441.331 to 441.341, including but not limited to the criteria for the appointment of a temporary manager of a facility, the qualifications of a temporary manager and the powers and duties of a temporary manager. [2009 c.539 �18]

�� Note: See note under 441.331.

�� 441.345 [Amended by 1969 c.2 �1; 1969 c.343 �19; 1969 c.694 �7; 1971 c.36 �4; renumbered 440.380]

�� 441.350 [Amended by 1969 c.343 �20; renumbered 440.385]

�� 441.355 [Renumbered 440.390]

MOVES FROM LONG TERM

CARE FACILITIES AND

RESIDENTIAL CARE FACILITIES

�� 441.357 Definitions for ORS 441.357 to 441.367. As used in ORS 441.357 to 441.367:

�� (1) �Informed written consent� means voluntary consent in writing given after receipt and understanding of a written statement of a resident�s rights under ORS 441.362 (1) to (5).

�� (2) �Long term care facility� means any long term care facility as defined in ORS 442.015.

�� (3) �Move from a long term care facility� means any move, relocation, discharge or transfer out of a long term care facility which terminates residence at the long term care facility.

�� (4) �Resident� means an individual receiving care in a long term care facility. [1983 c.269 �1; 1985 c.747 �51]

�� 441.360 [Amended by 1963 c.9 �26; 1969 c.694 �8; renumbered 440.395]

�� 441.362 Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent. (1) The Department of Human Services shall not move any resident from a long term care facility or terminate payment for a resident of a long term care facility without providing 30 days� written notice to the resident of the reasons for the move or termination of payment, the resident�s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move or termination of payment.

�� (2) Written notice in accordance with this section shall be provided by the department in all moves, including situations where the resident requests or initiates the move.

�� (3) The request for hearing must be made to the department within 10 days of the service or delivery of the written notice to move.

�� (4) Notwithstanding subsection (1) of this section, the department may move a resident less than 30 days after the service of the notice if the resident gives informed written consent to the move or termination of payment.

�� (5) In the event the resident is cognitively impaired, informed written consent can only be given by a guardian, conservator, person holding a general power of attorney, person designated by the resident to receive notice of a move or termination of payment or person who requested the receipt of notice of a move or termination of payment. [1983 c.269 �2]

�� 441.365 [Amended by 1961 c.396 �1; 1969 c.343 �20a; 1969 c.694 �9; 1971 c.36 �5; 1973 c.284 �3; renumbered 440.400]

�� 441.367 Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty. (1) The Department of Human Services by rule shall require long term care facilities licensed under ORS 441.020 to provide written and oral notice before or at the time of admission to any resident who does not receive medical assistance under ORS chapter 414, specifying:

�� (a) The base daily rate and any additional expenses reasonably to be expected including medical supplies, pharmacy and doctor visits and the charges for incontinency care, feeding and laundry; and

�� (b) The long term care facility�s policy regarding residents who become unable to pay facility charges by reason of exhaustion of all income and resources to or below the level of eligibility for medical assistance.

�� (2) A long term care facility shall give 30 days� notice in writing to all residents of changes in additional expenses or charges.

�� (3) The Director of Human Services may impose a civil penalty for violation of subsection (1) of this section under ORS 441.710 (1)(a)(C). [1983 c.269 ��3,4,5; 1987 c.428 �24; 2017 c.679 �39]

�� 441.370 [Amended by 1969 c.343 �21; renumbered 440.405]

�� 441.373 Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime. (1) As used in this section:

�� (a) �Adult foster home� has the meaning given that term in ORS 443.705.

�� (b) �Area agency� has the meaning given that term in ORS 410.040.

�� (c) �Long term care facility� has the meaning given that term in ORS 442.015.

�� (d) �Move from a long term care facility� has the meaning given that term in ORS 441.357.

�� (e) �Residential care facility� has the meaning given that term in ORS 443.400.

�� (2) If the Department of Human Services or an area agency knows that a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005, is applying for admission to an adult foster home, a long term care facility or a residential care facility, the department or area agency shall notify the home or facility of the person�s status as a sex offender.

�� (3) When a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005, applies for admission to an adult foster home, a long term care facility or a residential care facility, the person shall notify the home or facility of the person�s status as a sex offender.

�� (4) An adult foster home, a long term care facility or a residential care facility may refuse admission to a person who is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005.

�� (5)(a) An adult foster home may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

�� (A) The home was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005;

�� (B) The home learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; and

�� (C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

�� (b) The home shall give the resident a copy of a written notice containing information about the resident�s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the home transfers or discharges the resident.

�� (6) Notwithstanding ORS 441.362 and 441.605 (4), the department may move a resident from a long term care facility without providing 30 days� written notice to the resident if the department or area agency learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005. The department shall give the resident a copy of a written notice containing information about the resident�s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the department moves the resident.

�� (7)(a) Notwithstanding ORS 441.605 (4), a long term care facility may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

�� (A) The facility was not notified prior to admission of the resident that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005;

�� (B) The facility learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; and

�� (C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

�� (b) The facility shall give the resident a copy of a written notice containing information about the resident�s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move at the time the facility transfers or discharges the resident.

�� (8)(a) A residential care facility may transfer or discharge a resident without reasonable advance notice of the transfer or discharge if:

�� (B) The facility learns that the resident is on probation, parole or post-prison supervision after being convicted of a sex crime, as defined in ORS 163A.005; and

�� (C) The resident meets the criteria established by the department by rule for transfer or discharge under this subsection.

�� (9) If a resident requests a hearing under subsection (5), (6), (7) or (8) of this section, the hearing must be held within five business days of the move, transfer or discharge of the resident.

�� (10) The department shall establish the criteria required by subsections (5)(a)(C), (7)(a)(C) and (8)(a)(C) of this section so that application of the criteria results in the identification of only those persons who present a current risk of harm to another person within the home or facility. [2005 c.671 �13; 2014 c.104 �7]

�� Note: 441.373 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 441.375 [Amended by 1973 c.284 �4; renumbered 440.410]

�� 441.380 [Amended by 1969 c.343 �22; repealed by 1971 c.727 �203]

�� 441.385 [Amended by 1969 c.343 �23; repealed by 1971 c.727 �203]

�� 441.390 [Amended by 1969 c.343 �24; repealed by 1971 c.727 �203]

�� 441.395 [Subsection (2) enacted as 1957 c.584 �1; repealed by 1969 c.343 �30]

�� 441.400 [Amended by 1969 c.343 �25; repealed by 1971 c.727 �203]

LONG TERM CARE OMBUDSMAN

�� 441.402 Definitions for ORS 441.402 to 441.419. As used in ORS 441.402 to 441.419:

�� (1) �Administrative action� means any action, inaction or decision made by an owner, employee or agent of a long term care facility or by a public agency that affects the services to residents of long term care facilities.

�� (2) �Designee� means an individual appointed by the Long Term Care Ombudsman under ORS 441.413 to serve as a representative in a local community in order to carry out the purpose of ORS 441.402 to 441.419.

�� (3) �Long term care facility� means:

�� (a) Any licensed skilled nursing facility or intermediate care facility, as defined in rules adopted under ORS 442.015;

�� (b) Adult foster homes, as defined in ORS 443.705, with residents over 60 years of age;

�� (c) Residential care facilities, as defined in ORS 443.400; and

�� (d) Continuing care retirement communities, as defined in ORS 101.020.

�� (4) �Long Term Care Ombudsman Program� means the services provided by the Long Term Care Ombudsman. [Formerly 441.100; 2017 c.441 �10]

�� 441.403 Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications. (1) The office of the Long Term Care Ombudsman is established. The Long Term Care Ombudsman shall function separately and independently from any other state agency. The Governor shall appoint the Long Term Care Ombudsman for a four-year term from a list of three nominees nominated by the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416. The appointment of the Long Term Care Ombudsman is subject to Senate confirmation under ORS 171.562 and 171.565. A vacancy shall be filled within 60 days in the same manner as an appointment is made.

�� (2) The Long Term Care Ombudsman may be removed for just cause, upon recommendation to the Governor by the Residential Ombudsman and Public Guardianship Advisory Board.

�� (3) The Long Term Care Ombudsman shall have background and experience in the following areas:

�� (a) The fields of aging, mental health or developmental disabilities;

�� (b) Physical or behavioral health care;

�� (c) Working with community programs;

�� (d) Strong understanding of long term care issues, both regulatory and policy;

�� (e) Working with health care providers;

�� (f) Working with and involvement in volunteer programs; and

�� (g) Administrative and managerial experience.

�� (4) The Long Term Care Ombudsman may hire up to 10 deputy ombudsmen as necessary to perform the duties of the ombudsman. [Formerly 441.103; 2017 c.441 �11; 2019 c.504 �1]

�� 441.404 Funding of office. The funding for the office of the Long Term Care Ombudsman shall include at least one percent of Title III(B) of the Older Americans Act (Public Law 89-73) funding received by this state. [Formerly 441.107]

�� 441.405 [Amended by 1969 c.343 �26; repealed by 1971 c.727 �203]

�� 441.406 Duties of ombudsman; rules. (1) The Long Term Care Ombudsman shall carry out the following duties:

�� (a) Investigate and resolve complaints made by or for residents of long term care facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, to give sworn testimony or to produce documentary or other evidence that is reasonably material to any matter under investigation.

�� (b) Notify the Department of Human Services or the Oregon Health Authority about disease outbreaks reported by residents to the ombudsman or identified by the ombudsman.

�� (c) Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as may lead to improvements in the functioning of long term care facilities.

�� (d) Monitor the development and implementation of federal, state and local laws, regulations and policies that relate to long term care facilities in this state.

�� (e) Provide information to public agencies about the problems of residents of long term care facilities.

�� (f) Work closely with cooperative associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517.

�� (g) Widely publicize the Long Term Care Ombudsman�s services, purpose and mode of operation.

�� (h) Collaborate with the Oregon Health Authority, the Department of Human Services, the Long Term Care Administrators Board and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints and conditions in long term care facilities for the purpose of publicizing improvements and resolving significant problems.

�� (i) Contract with the state protection and advocacy system described in ORS 192.517 (1) to provide services and assistance to persons who are prospective or current residents of a mental health treatment facility or of a residential facility for individuals with developmental disabilities when the system has received a notice regarding the person pursuant to ORS 125.060 (7)(c) or (8)(c).

�� (j) Appoint designees to serve as local representatives of the office of the Long Term Care Ombudsman in various districts of the state and regularly monitor their functions.

�� (k) Specify qualifications and duties of designees.

�� (L) Adopt rules necessary for carrying out ORS 441.402 to 441.414, after consultation with the Residential Ombudsman and Public Guardianship Advisory Board.

�� (m) Provide periodically, or at least annually, a report to the Governor, authority, department and Legislative Assembly.

�� (n) Prepare necessary reports with the assistance of the authority and the department.

�� (o) Advise and support the Oregon Public Guardian and Conservator appointed under ORS 125.678.

�� (p) Supervise, monitor, advise and support the Residential Facilities Ombudsman appointed under ORS 443.382.

�� (2) At least quarterly, the Department of Human Services shall provide the Long Term Care Ombudsman with a list of the number of licensed or certified beds in each long term care facility for which the ombudsman has responsibilities under this section. [Formerly 441.109; 2017 c.441 ��12,12a; 2018 c.61 �17; 2019 c.592 �8]

�� 441.407 Procedures to maintain confidentiality. The Long Term Care Ombudsman shall establish procedures to maintain the confidentiality of the records and files of residents of long term care facilities. These procedures must meet the following requirements:

�� (1) The ombudsman or a designee may not disclose the identity of any resident unless the complainant or the resident, or the legal representative of either, consents in writing to the disclosure and specifies to whom the disclosure may be made.

�� (2) The identity of any complainant or resident on whose behalf a complaint is made, or individual providing information on behalf of the complainant or the resident, shall be confidential. If the complaint becomes the subject of judicial proceedings, the investigative information held by the ombudsman or the designee shall be disclosed for the purpose of the proceedings if requested by the court. [Formerly 441.113; 2017 c.441 �13]

�� 441.408 Right of entry into facilities and access to records. (1) The Long Term Care Ombudsman and each designee shall have the right of entry into long term care facilities at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of:

�� (a) Investigating and resolving complaints made by residents or made on their behalf;

�� (b) Interviewing residents, with their consent, in private;

�� (c) Offering the services of the ombudsman or the designee to any resident, in private;

�� (d) Interviewing employees or agents of the facility;

�� (e) Consulting regularly with the facility administration; and

�� (f) Providing services authorized by law or by rule.

�� (2)(a) The ombudsman shall have access to any resident�s records, and to records of any public agency necessary to the duties of the ombudsman, including records on reports of resident abuse made pursuant to ORS 124.050 to 124.095 and 441.630 to 441.680. The provisions of ORS 192.553 to 192.581 are not intended to limit the access of the ombudsman to medical records of residents of long term care facilities. If necessary to investigate a complaint, designees shall have access to individual resident�s records, including medical records as authorized by the resident or the resident�s legal representative.

�� (b) If a resident�s legal representative denies access to the resident�s records by the ombudsman or a designee, the ombudsman shall have access to the records if the ombudsman has reasonable cause to believe that the legal representative is not acting in the best interests of the resident.

�� (3) The ombudsman shall enter into confidentiality agreements with the Department of Human Services and with the Oregon Health Authority permitting the ombudsman to have access to electronic records of the department and the authority that are necessary to carry out the duties of the ombudsman. The agreement must ensure that records obtained by the ombudsman from the department or the authority that are confidential, privileged or otherwise protected from disclosure are not further disclosed, except as permitted by state and federal law.

�� (4) Entry and investigation authorized by this section shall be done in a manner that does not disrupt significantly the providing of nursing, residential or other personal care or treatment to residents.

�� (5) The ombudsman or the designee must show identification to the person in charge of the facility. The resident shall have the right to refuse to communicate with the ombudsman or the designee. The refusal shall be made directly to the ombudsman or the designee and not through an intermediary.

�� (6) The resident shall have the right to participate in planning any course of action to be taken on behalf of the resident by the ombudsman or the designee. [Formerly

ORS 442.612

442.612; or

�� (3) A state or federal authority. [2025 c.295 �8]

�� Note: Section 9 (1)(b), chapter 295, Oregon Laws 2025, provides:

�� Sec. 9. (1)(b) Sections 7 [653.297] and 8 [653.298], chapter 295, Oregon Laws 2025, apply to noncompetition agreements, as defined in section 7, chapter 295, Oregon Laws 2025, that restrict the practice of medicine or the practice of nursing and into which a medical licensee, as defined in section 7, chapter 295, Oregon Laws 2025, enters before, on or after the effective date of chapter 295, Oregon Laws 2025 [June 9, 2025]. [2025 c.295 �9; 2025 c.572 �3(1)(b)]

�� 653.300 Health benefit plan options for certain employees; limitation on cost to employer or health benefit plan for exercise of option. (1) Each public or private employer in this state which offers its employees a health benefit plan and employs not fewer than 25 employees, and each employee benefit fund in this state with not fewer than 25 members which offers its members any form of health benefit, shall make available to and inform its employees or members of the option to enroll in at least one health maintenance organization which provides health care services in the geographic areas in which a substantial number of such employees or members reside. Where there is a prevailing collective bargaining agreement, the selection of the health maintenance organizations to be made available to the employees shall be made under the agreement.

�� (2) No employer or benefits fund in this state shall be required to pay more for health benefits as a result of the application of this section than would otherwise be required by any prevailing collective bargaining agreement or other contract for the provision of health benefits to its employees.

�� (3) Notwithstanding subsection (1) of this section, no employer or benefits fund need provide such an option unless at least 25 employees or members agree to participate in a health maintenance organization. [1985 c.747 �70]

�� Note: 653.300 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

EMPLOYMENT OF MINORS

�� 653.305 Bureau�s inquiry into employment of minors. The Bureau of Labor and Industries may at any time inquire into wages or hours or conditions of labor of minors employed in any occupation in this state and determine suitable hours and conditions of labor for such minors. [Amended by 1967 c.596 �16; 1979 c.886 �3; 1993 c.18 �131; 2013 c.296 �21]

�� 653.307 Annual employment certificates; effect of failure by employer to comply; school districts required to cooperate with bureau; rules. (1) In accordance with the applicable provisions of ORS chapter 183, the Bureau of Labor and Industries shall adopt rules governing annual employment certificates required under this section. After September 9, 1995, the rules governing the total hours a minor can work may not be more restrictive than the requirements of the federal Fair Labor Standards Act (29 U.S.C. 201, et seq.), unless otherwise provided by Oregon law.

�� (2) An employer who hires minors shall apply to the bureau for an annual employment certificate to employ minors. The application shall be on a form provided by the bureau and shall include, but need not be limited to:

�� (a) The estimated or average number of minors to be employed during the year.

�� (b) A description of the activities to be performed.

�� (c) A description of the machinery or other equipment to be used by the minors.

�� (3) Once a year, the bureau shall provide to all employers applying for an annual employment certificate an information sheet summarizing all rules and laws governing the employment of minors.

�� (4) Failure by an employer to comply with ORS 653.305 to 653.340 or with the regulations adopted by the bureau pursuant to this section shall subject the employer to revocation of the right to hire minors in the future at the discretion of the bureau, provided that an employer shall be granted a hearing before the bureau prior to such action being taken.

�� (5) All school districts shall cooperate with the bureau and make available, upon request of the bureau, information concerning the age and schooling of minors. [1971 c.626 �2; 1995 c.133 �1; 2013 c.296 �22; 2021 c.97 �72]

�� 653.310 Employment certificates on file; list of minor employees. No child under 18 years of age shall be employed or permitted to work in any employment listed in ORS 653.320 (2) unless the person employing the child keeps on file and accessible to the school authorities of the district where such child resides, and to the police and the Bureau of Labor and Industries, an annual employment certificate as prescribed by the rules adopted by the bureau pursuant to ORS 653.307 and keeps a complete list of all such children employed therein. [Amended by 1971 c.626 �3; 1995 c.133 �2; 1999 c.59 �194; 2013 c.296 �23]

�� 653.315 Working hours for children under 16 years of age; exceptions; mealtimes; posting notice of hours. (1) A child under 16 years of age may not be employed for longer than 10 hours for any one day or more than six days in any one week. The Commissioner of the Bureau of Labor and Industries shall issue special permits for the employment of children under 16 years of age in agriculture for longer than 10 hours for any one day when the commissioner determines that such hours of work will not be detrimental to the health and safety of the children so employed.

�� (2)(a) A child under 16 years of age may not be employed at any work before 7 a.m. or after 7 p.m., except that during the period between June 1 and Labor Day a child under 16 years of age may be employed until 9 p.m.

�� (b) Paragraph (a) of this subsection does not apply to a child under 16 years of age who is:

�� (A) Employed in agriculture.

�� (B) Employed in youth camps. As used in this subparagraph, �youth camps� means those camps operated and maintained primarily for the supervised recreation and education of youth of either sex during the public school vacation periods.

�� (C) Employed as a newspaper carrier or vendor.

�� (D) Employed in or about private residences at domestic work, chores and child care. This exception does not extend to employment in places where child care or training is carried on as an occupation.

�� (3) Every child under 16 years of age is entitled to not less than 30 minutes for mealtime and the mealtime may not be included as part of the work hours of the day.

�� (4) Every employer of children under 16 years of age shall post, in a conspicuous place where the children are employed, a printed notice stating the maximum work hours required in one week and in every day of the week from the children. [Amended by 1957 c.419 �1; 1961 c.205 �1; 1981 c.228 �1; 1997 c.453 �1; 2005 c.154 �1; 2009 c.104 �1]

�� 653.320 Employment of children under 14 years; exceptions. (1) No child under the age of 14 years shall be employed in any work, or labor of any form for wages or other compensation to whomsoever payable, during the term when the public schools of the town, district or city in which the child resides are in session.

�� (2) Except as provided in subsections (3) and (4) of this section, no child under 14 years of age shall be employed or permitted to work in, or in connection with, any place of business.

�� (3) The Bureau of Labor and Industries may allow children between the ages of 12 and 14 to be employed in any suitable work during any school vacation extending over a term of two weeks and may issue permits therefor. The bureau shall exercise careful discretion as to the character of such employment and its effect on the physical and moral well-being of the child.

�� (4) Exceptions may be made by the bureau exempting a minor or class of minors from the provisions of this section. [Amended by 1971 c.625 �1; 2013 c.296 �24]

�� 653.325 [Repealed by 1967 c.527 �3]

�� 653.326 Employment of professionally trained minors allowed with permit. (1) The Bureau of Labor and Industries may by special permit authorize a child under 18 years of age to engage in employment otherwise prohibited by law if the child has successfully completed professional training for such employment conducted by any school district, or training that the bureau considers equivalent thereto, and the child:

�� (a) Has graduated from high school; or

�� (b) Is employed during such time as public schools are not in session for a period exceeding 30 days.

�� (2) The bureau or a person authorized by the bureau shall investigate periodically the conditions of the employment for which a special permit has been issued, to determine whether the permit should be continued. [1967 c.347 �2; 1995 c.343 �51; 2013 c.296 �25]

�� 653.330 Employment of minors in certain logging operations prohibited. No person shall employ or allow:

�� (1) Any person under the age of 18 years to act as engineer of or have charge of or operate any logging engines used in logging operations.

�� (2) Any person under the age of 16 years to act in the capacity of giving signals to the engineer in logging operations or receiving and forwarding such signals.

�� 653.335 Employment of minors as elevator operators prohibited. No person shall employ or allow any person under the age of 18 years to run, operate or have charge of, any elevator used for the purpose of carrying either persons or property.

�� 653.340 Employment of minors for message and delivery service. (1) No person under the age of 18 years shall be employed or permitted to work as a messenger for a telegraph or messenger company or anyone engaged in such a business in the distribution, transmission or delivery of goods or messages before 5 a.m. or after 10 p.m.

�� (2) No person under the age of 16 years shall be employed or permitted to work in the telegraph, telephone or public messenger service.

�� 653.345 Legislative findings. The Legislative Assembly finds that the crops of berry and bean growers in Oregon are imperiled by the federal law prohibiting the employment of youthful agricultural workers. Since suitable replacements for such workers are not available, the long established use of youthful berry and bean pickers must be permitted to the extent that it does not interfere with interstate commerce and federal law. The Legislative Assembly further finds that such agricultural employment is healthful, a good introduction to the work ethic and develops an understanding of the role of agriculture in society. [1975 c.422 �1]

�� 653.350 Employment of children under 12 years for certain agricultural labor; conditions. (1) An individual who is less than 12 years of age but not less than nine years of age may be employed to pick berries and beans in this state outside of school hours if:

�� (a) The individual is employed with the consent of the child�s parent or guardian;

�� (b) The berries and beans picked are sold within the state only and not transported out of this state in any form;

�� (c) The Director of the Employment Department or the designee of the director certifies that there are not sufficient workers available in the immediate area to harvest the berry or bean crop without the employment of youthful pickers; and

�� (d) The individual is paid at the same rate as other employees of the employer who are 12 years of age or older and are engaged in picking berries or beans.

�� (2) Each basket or container holding berries, berry products, beans or bean products picked by individuals who are less than 12 years of age must be distinctively marked so as to prevent the berries, berry products, beans or bean products from entering interstate commerce. [1975 c.422 �2]

�� 653.355 Exemption of certain employers. Nothing in ORS 653.345, 653.350 and 653.355 shall apply to employers which are exempt from the child labor provisions of the federal Fair Labor Standards Act. [1975 c.422 �3]

�� 653.360 Employment of minors in certain boating, fishing and agricultural situations. Notwithstanding any other provision of ORS 653.305 to 653.370:

�� (1) Minors 16 years of age and 17 years of age may be employed as assistants on chartered fishing or pleasure boats.

�� (2) Minors 14 years of age and 15 years of age may be employed at dock areas used by chartered fishing or pleasure boats.

�� (3) Minors less than 18 years of age may be employed on commercial fishing vessels without an employment permit when employed and supervised by the minor�s grandfather, grandmother, father, mother, brother, sister, uncle or aunt.

�� (4) Minors 16 years of age and 17 years of age may be employed to operate power-driven machinery in connection with their employment in the processing of agricultural commodities in an agricultural warehouse on a farm by a farmer if each such minor has completed a training program in the safe operation of such machinery as prescribed by rule of the Bureau of Labor and Industries under ORS 653.307. [1979 c.626 �2; 1995 c.477 �1; 2013 c.296 �26]

�� 653.362 Exemption of minors serving as soccer referees. The provisions of ORS 653.305 to

ORS 443.415

443.415;

�� (b) Discretionary funds for services necessary to implement a discharge plan, including but not limited to transportation, medication, recreation and socialization; and

�� (c) Funds to provide day treatment services, community psychiatric inpatient services, and work activity services for persons with chronic mental illness when needed. [1979 c.784 �3; 1999 c.59 �121; 2007 c.70 �209; 2009 c.595 �428; 2013 c.360 �67]

�� Note: See note under 426.490.

�� 426.502 Definitions for ORS 426.502 to 426.508. As used in ORS 426.502 to 426.508:

�� (1) �Authority� means the Oregon Health Authority.

�� (2) �Community housing� means property and related equipment that are used or could be used to house persons with chronic mental illness and their care providers. �Community housing� includes single-family housing and multiple-unit residential housing.

�� (3) �Construct� means to build, install, assemble, expand, alter, convert, replace or relocate. �Construct� includes to install equipment and to prepare a site.

�� (4) �Equipment� means furnishings, fixtures or appliances that are used or could be used to provide care in community housing.

�� (5) �Multiple-unit residential housing� means housing that provides two or more living units and spaces for common use by the occupants in social and recreational activities. �Multiple-unit residential housing� may include nonhousing facilities incidental or appurtenant to the housing that, in the determination of the authority, improve the quality of the housing.

�� (6) �Person with a chronic mental illness� has the meaning given that term in ORS 426.495.

�� (7) �Single-family housing� means a detached living unit with common living room and dining facilities for at least three occupants with chronic mental illness. �Single-family housing� may include nonhousing facilities incidental or appurtenant to the housing that, in the determination of the authority, improve the quality of the housing. [1999 c.983 �2; 2005 c.11 �1; 2007 c.70 �210; 2009 c.595 �429]

�� 426.504 Power of Oregon Health Authority to develop community housing for persons with chronic mental illness; sale of community housing; conditions. (1) The Oregon Health Authority may, through contract or otherwise, acquire, purchase, receive, hold, exchange, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of housing persons with chronic mental illness.

�� (2) The authority may dispose of community housing acquired under subsection (1) of this section in a public or private sale, upon such terms and conditions as the authority considers advisable to increase the quality and quantity of community housing available for persons with chronic mental illness. Except as provided in subsection (3) of this section, in any instrument conveying fee title to community housing, the authority shall include language that restricts the use of the community housing to housing for persons with chronic mental illness. Such restriction is not a violation of ORS 93.270.

�� (3) If the authority determines that community housing acquired under subsection (1) of this section is no longer suitable for use as community housing, the authority may sell or otherwise dispose of the community housing without including in any instrument conveying fee title to the community housing any language that restricts the use of the community housing. Proceeds from the sale or disposition of community housing under this subsection are considered proceeds described in ORS 426.506 (4)(c).

�� (4) When exercising the power granted to the authority under this section, the authority is not subject to ORS chapter 273 or ORS 270.100 to 270.190, 276.900 to 276.915 or 279A.250 to 279A.290. [1999 c.983 �3; 2003 c.794 �281; 2005 c.11 �2; 2007 c.70 �211; 2009 c.595 �430]

�� 426.506 Community Mental Health Housing Fund; Community Housing Trust Account; report. (1) There is created in the State Treasury, separate and distinct from the General Fund, the Community Mental Health Housing Fund. All earnings on investments of moneys in the Community Mental Health Housing Fund shall accrue to the fund. Interest earned on moneys in the fund shall be credited to the fund. All moneys in the fund are continuously appropriated to the Oregon Health Authority to carry out the provisions of ORS 426.504.

�� (2) The Community Mental Health Housing Fund shall be administered by the authority to provide housing for persons with chronic mental illness. As used in this subsection, �housing� may include acquisition, maintenance, repair, furnishings and equipment.

�� (3)(a) There is established within the Community Mental Health Housing Fund a Community Housing Trust Account. With approval of the State Treasurer and upon request of the Director of the Oregon Health Authority, moneys in the account may be invested as provided in ORS 293.701 to 293.857.

�� (b) Notwithstanding the provisions of ORS 270.150, the authority shall deposit into the Community Housing Trust Account the proceeds, less costs to the state, received by the authority from the sale of F. H. Dammasch State Hospital property under ORS 426.508. The authority may expend, for the purposes set forth in ORS 426.504, any earnings credited to the account, including any interest earned on moneys deposited in the account, and up to five percent of the sale proceeds initially credited to the account by the Oregon Department of Administrative Services. At least 95 percent of the sale proceeds shall remain in the account in perpetuity. Proceeds deposited in the account may not be commingled with proceeds from the sale of any surplus real property owned, operated or controlled by the authority and used as a state training center.

�� (c) Interest earned on moneys in the Community Housing Trust Account may be expended in the following manner:

�� (A) Seventy percent of interest earned on deposits in the account shall be expended for community housing purposes; and

�� (B) Thirty percent of interest earned on deposits in the account shall be expended for institutional housing purposes.

�� (d) Interest earned on deposits in the Community Housing Trust Account shall not be used to support operating expenses of the authority.

�� (4) The Community Mental Health Housing Fund shall consist of:

�� (a) Moneys appropriated to the fund by the Legislative Assembly;

�� (b) Sale proceeds and earnings from the account under subsection (3) of this section;

�� (c) Proceeds from the sale, transfer or lease of any surplus real property owned, operated or controlled by the authority and used as community housing;

�� (d) Moneys reallocated from other areas of the authority�s budget;

�� (e) Interest and earnings credited to the fund; and

�� (f) Gifts of money or other property from any source, to be used for the purposes of developing housing for persons with chronic mental illness.

�� (5) The authority shall adopt policies:

�� (a) To establish priorities for the use of moneys in the Community Mental Health Housing Fund for the sole purpose of developing housing for persons with chronic mental illness;

�� (b) To match public and private moneys available from other sources for developing housing for persons with chronic mental illness; and

�� (c) To administer the fund in a manner that will not exceed the State Treasury�s maximum cost per transaction.

�� (6) The authority shall collaborate with the Housing and Community Services Department to ensure the highest return and best value for community housing from the Community Mental Health Housing Fund.

�� (7) The authority shall provide a report of revenues to and expenditures from the Community Mental Health Housing Fund as part of its budget submission to the Governor and Legislative Assembly under ORS chapter 291. [1999 c.983 �4; 2001 c.954 �31; 2007 c.70 �212; 2007 c.217 �7; 2009 c.595 �431]

�� 426.508 Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of property; property reserved for community housing. (1) Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, the Department of Corrections shall transfer the real property known as the F. H. Dammasch State Hospital and all improvements to the Oregon Department of Administrative Services to be sold for the benefit of the Oregon Health Authority.

�� (2)(a) Notwithstanding ORS 270.100 to 270.190, and except as provided in subsection (4) of this section, the Oregon Department of Administrative Services shall sell or otherwise convey the real property known as the F. H. Dammasch State Hospital in a manner consistent with the provisions of this section. Conveyance shall not include transfer to a state agency. The sale price of the real property shall equal or exceed the fair market value of the real property. The Oregon Department of Administrative Services shall engage the services of a licensed real estate broker or principal real estate broker to facilitate the sale of the real property.

�� (b) The Oregon Department of Administrative Services shall retain from the sale or other conveyance of the real property those costs incurred by the state in selling or conveying the real property, including costs incurred by the Department of Corrections in transferring the real property to the Oregon Department of Administrative Services. The remaining proceeds from the sale or other conveyance shall be transferred to the Community Housing Trust Account created under ORS 426.506 (3).

�� (3) Redevelopment of the real property formerly occupied by the F. H. Dammasch State Hospital shall be consistent with the Dammasch Area Transportation Efficient Land Use Plan developed by Clackamas County, the City of Wilsonville, the Oregon Department of Administrative Services, the Department of Land Conservation and Development, the Department of Transportation, the Oregon Housing Stability Council, the Oregon Health Authority and the Department of State Lands.

�� (4) The Oregon Department of Administrative Services shall reserve from the sale of the real property under subsection (2) of this section not more than 10 acres. The real property reserved from sale shall be transferred to the Oregon Health Authority for use by the authority to develop community housing for persons with chronic mental illness. The department and the authority shall jointly coordinate with the City of Wilsonville to identify the real property reserved from sale under this subsection. [1999 c.983 �5; 2001 c.300 �76; 2001 c.900 �253; 2007 c.70 �213; 2009 c.595 �432; 2015 c.180 �47]

SEXUALLY DANGEROUS PERSONS

�� 426.510 �Sexually dangerous person� defined. As used in ORS 426.510 to 426.680, unless the context otherwise requires, �sexually dangerous person� means a person who because of repeated or compulsive acts of misconduct in sexual matters, or because of a qualifying mental disorder, is deemed likely to continue to perform such acts and be a danger to other persons. [1963 c.467 �1; 1977 c.377 �1; 2017 c.634 �28]

�� 426.520 [1963 c.467 �2; repealed by 1977 c.377 �6]

�� 426.530 [1963 c.467 �3; 1971 c.743 �367; 1973 c.836 �349; repealed by 1977 c.377 �6]

�� 426.540 [1963 c.467 �4; repealed by 1977 c.377 �6]

�� 426.550 [1963 c.467 �5; repealed by 1977 c.377 �6]

�� 426.560 [1963 c.467 �6; repealed by 1977 c.377 �6]

�� 426.570 [1963 c.467 �7; 1973 c.836 �350; repealed by 1977 c.377 �6]

�� 426.580 [1963 c.467 ��8,9; 1973 c.443 �1; repealed by 1977 c.377 �6]

�� 426.590 [1963 c.467 �10; repealed by 1977 c.377 �6]

�� 426.610 [1963 c.467 �11; 1973 c.443 �2; repealed by 1977 c.377 �6]

�� 426.620 [1963 c.467 �12; repealed by 1977 c.377 �6]

�� 426.630 [1963 c.467 �13; repealed by 1977 c.377 �6]

�� 426.640 [1963 c.467 �14; 1973 c.443 �3; 1975 c.380 �8; repealed by 1977 c.377 �6]

�� 426.650 Voluntary admission to state institution; rules. (1) Pursuant to rules promulgated by the Oregon Health Authority, the superintendent of any state hospital for the treatment and care of persons with mental illness may admit and hospitalize therein as a patient any person in need of medical or mental therapeutic treatment as a sexually dangerous person who voluntarily has made written application for such admission. No person under the age of 18 years shall be admitted as a patient to any such state hospital. Pursuant to rules and regulations of the authority, no person voluntarily admitted to any state hospital shall be detained therein more than 72 hours after the person has given notice in writing of desire to be discharged therefrom.

�� (2) Any person voluntarily admitted to a state facility pursuant to this section may upon application and notice to the superintendent of the institution concerned, be granted a temporary leave of absence from the institution if such leave, in the opinion of the chief medical officer, will not interfere with the successful treatment or examination of the applicant. [1963 c.467 �15; 1969 c.391 �8; 1973 c.443 �4; 1973 c.827 �43; 1974 c.36 �11; 2007 c.70 �214; 2009 c.595 �433; 2025 c.175 �3]

�� 426.660 [1963 c.467 �16; repealed by 1973 c.443 �5]

�� 426.670 Treatment programs for sexually dangerous persons. The Oregon Health Authority hereby is directed and authorized to establish and operate treatment programs, either separately within an existing state Department of Corrections institution, as part of an existing program within an Oregon Health Authority institution, or in specified and approved sites in the community to receive, treat, study and retain in custody, as required, such sexually dangerous persons as are committed under ORS 426.510 to 426.670. [1963 c.467 �17; 1965 c.481 �1; 1979 c.606 �1; 1987 c.320 �230; 2009 c.595 �434]

�� 426.675 Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules. (1) When a defendant has been convicted of a sexual offense under ORS 163.305 to 163.467 or 163.525 and there is probable cause to believe the defendant is a sexually dangerous person, the court prior to imposing sentence may continue the time for sentencing and commit the defendant to a facility designated under ORS 426.670 for a period not to exceed 30 days for evaluation and report.

�� (2) If the facility reports to the court that the defendant is a sexually dangerous person and that treatment available may reduce the risk of future sexual offenses, the court shall hold a hearing to determine by clear and convincing evidence that the defendant is a sexually dangerous person. The state and the defendant shall have the right to call and cross-examine witnesses at such hearing. The defendant may waive the hearing required by this subsection.

�� (3) If the court finds that the defendant is a sexually dangerous person and that treatment is available which will reduce the risk of future sexual offenses, it may, in its discretion at the time of sentencing:

�� (a) Sentence the defendant to probation on the condition that the person participate in and successfully complete a treatment program for sexually dangerous persons pursuant to ORS 426.670;

�� (b) Impose a sentence of imprisonment with the order that the defendant be assigned by the Director of the Department of Corrections to participate in a treatment program for sexually dangerous persons pursuant to ORS 426.670. The Department of Corrections and the Oregon Health Authority shall jointly adopt administrative rules to coordinate assignment and treatment of prisoners under this subsection; or

�� (c) Impose any other sentence authorized by law. [1977 c.377 �3; 1979 c.606 �2; 1987 c.320 �231; 1993 c.14 �24; 2009 c.595 �435]

�� 426.680 Trial visits for probationer. (1) The superintendent of the facility designated under ORS 426.670 to receive commitments for medical or mental therapeutic treatment of sexually dangerous persons may grant a trial visit to a defendant committed as a condition of probation where:

�� (a) The trial visit is not inconsistent with the terms and conditions of probation; and

�� (b) The trial visit is agreed to by the community mental health program director for the county in which the person would reside.

�� (2) Trial visit here shall correspond to trial visit as described in ORS 426.273 to 426.292 and

ORS 446.230

446.230.

�� (e) Park or camp requirements adopted under ORS 455.680.

�� (2) Administration of any specialty code or building requirement includes establishing a program intended to verify compliance with state licensing requirements and all other administrative and judicial aspects of enforcement of the code or requirement. Nothing in this section affects the concurrent jurisdiction of the Director of the Department of Consumer and Business Services, the Building Codes Structures Board, the State Plumbing Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board or the Mechanical Board to impose civil penalties for violations committed within municipalities. [1995 c.190 �2; 2001 c.411 �17; 2003 c.675 ��22,23; 2009 c.567 �16]

�� Note: 455.153 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.154 Alternative permit and inspection program. (1) Notwithstanding ORS 447.076, 455.627, 479.560 and

ORS 447.040

447.040, 693.030 and 693.040 and to issue notices of proposed assessment of civil penalties for those violations.

�� (b) A municipality that establishes a building inspection program under ORS 455.148 or an electrical inspection program under ORS 455.150 covering installations under the electrical specialty code or Low-Rise Residential Dwelling Code may act on behalf of the Electrical and Elevator Board to investigate violations of and enforce ORS 479.550 (1) and 479.620 and to issue notices of proposed assessment of civil penalties for those violations.

�� (c) A municipality that establishes a building inspection program under ORS 455.148 or 455.150 may investigate violations and enforce any provisions of the program administered by the municipality.

�� (3) The department shall establish:

�� (a) Procedures, forms and standards to carry out the provisions of this section, including but not limited to creating preprinted notices of proposed assessment of penalties that can be completed and served by municipal inspectors;

�� (b) A program to provide that all of the moneys recovered by the department, less collection expenses, be paid to the municipality that initiated the charges when a person charged with a violation as provided in subsection (2) of this section, other than a violation of a licensing requirement, agrees to the entry of an assessment of civil penalty or does not request a hearing, and an order assessing a penalty is entered against the person;

�� (c) A uniform citation process to be used in all jurisdictions of the state for violation of a licensing requirement. The process may include but need not be limited to all program areas administered by a municipality under ORS 455.148 or 455.150 and may provide a uniform method for checking license status and issuing citations for violation of a licensing requirement, and a consistent basis for enforcement of licensing requirements and treatment of violations, including fine amounts;

�� (d) A program to provide a division of the moneys recovered by the department with the municipality that initiated the charges, when a person charged with a violation as provided in subsection (2) of this section, other than a violation of a licensing requirement, requests a hearing and is assessed a penalty. One-half of the amounts recovered shall be paid to the municipality. The department shall keep an amount equal to its costs of processing the proceeding and collection expenses out of the remaining one-half and remit the balance, if any, to the municipality; and

�� (e) A program to require municipalities to investigate violations of the department�s permit requirements for plumbing installations and services under the plumbing specialty code and for plumbing and electrical installations and services under the Low-Rise Residential Dwelling Code, and to:

�� (A) Initiate notices of proposed assessment of civil penalties as agents of the boards designated in subsection (2) of this section; and

�� (B) Pay the agents of the boards out of net civil penalty recoveries as if the recoveries were under paragraphs (b) and (d) of this subsection.

�� (4) The assessment of a civil penalty under this section by a municipality is subject to the amount limitations set forth in ORS 455.895.

�� (5)(a) It shall be a defense for any person charged with a penalty for violation of a building inspection program permit requirement covering plumbing installations under the plumbing specialty code, electrical permit requirements under ORS 479.550 or plumbing or electrical requirements under the Low-Rise Residential Dwelling Code that the person was previously penalized for the same occurrence.

�� (b) A building inspection program permit requirement is a requirement contained in a specialty code or municipal ordinance or rule requiring a permit before the particular installations covered by the codes are commenced.

�� (c) A penalty for the same occurrence includes a combination of two or more of the following that are based on the same plumbing or electrical installation:

�� (A)(i) An investigative or other fee added to an electrical permit fee when a permit was obtained after the electrical installation was started;

�� (ii) A civil penalty pursuant to ORS 479.995 for violation of ORS 479.550 for failure to obtain an electrical permit;

�� (iii) A civil penalty pursuant to ORS 455.895 for failure to obtain an electrical permit under the Low-Rise Residential Dwelling Code; or

�� (iv) A municipal penalty, other than an investigative fee, for making an electrical installation under the electrical specialty code or Low-Rise Residential Dwelling Code without a permit; or

�� (B)(i) An investigative or other fee added to a plumbing permit fee when a permit was obtained after the plumbing installation was started;

�� (ii) A civil penalty pursuant to ORS 447.992 for failure to obtain a plumbing permit as required under the plumbing specialty code;

�� (iii) A civil penalty pursuant to ORS 455.895 for failure to obtain a plumbing permit under the Low-Rise Residential Dwelling Code; or

�� (iv) A municipal penalty, other than an investigative fee, for making a plumbing installation under the plumbing specialty code or Low-Rise Residential Dwelling Code without a permit. [1995 c.553 �12; 2001 c.411 �18; 2001 c.573 �6a; 2003 c.675 �24; 2005 c.758 �20; 2019 c.401 ��5,12]

�� Note: 455.156 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.157 Process for municipal imposition of monetary penalties. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern.

�� (2) If a municipality administers a building inspection program under ORS 455.148 or

ORS 447.154

447.154 and subsection (3) of this section, no person shall offer to sell, sell or dispose of, by gift or otherwise, in connection with the person�s business an uncertified plumbing product.

�� (2) The provisions of ORS 447.152, 447.154 and 447.156 do not apply to products determined by rule not to be plumbing products.

�� (3) In addition to any other remedy provided by law, any person who purchases a plumbing product sold or disposed of in violation of ORS 447.152 may recover from a person violating subsections (1) and (2) of this section an amount equal to the purchase price of the plumbing product if the purchaser returns the plumbing product within 90 days from the date of purchase. [1993 c.396 ��2,5]

�� 447.160 [1981 c.438 �44; 1999 c.846 �1; repealed by 2001 c.411 �31]

STANDARDS AND SPECIFICATIONS FOR ACCESS BY PERSONS WITH DISABILITIES

�� 447.210 Definitions for ORS 447.210 to 447.280. As used in ORS 447.210 to 447.280, unless the context requires otherwise:

�� (1) �Affected buildings� includes any place of public accommodations and commercial facilities designed, constructed and altered in compliance with the accessibility standards established by the Americans with Disabilities Act. �Affected buildings� also includes any government building that is subject to Title II of the Americans with Disabilities Act. �Affected buildings� also includes private entities, private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building.

�� (2) �Americans with Disabilities Act� means the Americans with Disabilities Act of 1990 found at 42 U.S.C. section 12101 et seq.

�� (3) �Architectural barriers� are physical design features that restrict the full use of affected buildings and their related facilities by persons with disabilities.

�� (4) �Commercial facilities� includes nonresidential facilities, such as office buildings, factories and warehouses, whose operations affect commerce.

�� (5) �Covered multifamily dwellings� means buildings consisting of four or more dwelling units if such buildings have one or more elevators, and ground floor dwelling units in other buildings consisting of four or more dwelling units. Dwelling units within a single structure separated by firewalls do not constitute separate buildings.

�� (6) �Department� means the Department of Consumer and Business Services.

�� (7) �Director� means the Director of the Department of Consumer and Business Services.

�� (8) �Fair Housing Act� means the Fair Housing Act of 1968, as amended in 1988, found at 42 U.S.C. section 3604 et seq.

�� (9) �Municipality� means a city, county or other unit of local government otherwise authorized by law to enact building codes.

�� (10) �Private entities� means privately owned entities offering examinations or courses related to applications, licensing, certification or credentials for secondary or post-secondary education, professional or trade purposes.

�� (11) �Public accommodations� means a facility whose operations affect commerce and fall within at least one of the following categories:

�� (a) Places of lodging not including owner-occupied establishments renting fewer than six rooms;

�� (b) Establishments serving food or drink;

�� (c) Places of exhibition or entertainment;

�� (d) Places of public gathering;

�� (e) Sales or rental establishments;

�� (f) Service establishments;

�� (g) Public transportation terminals, depots or stations;

�� (h) Places of public display or collection;

�� (i) Places of recreation;

�� (j) Places of education;

�� (k) Social service center establishments; and

�� (L) Places of exercise or recreation.

�� (12) �Related facilities� means building site improvements including, but not limited to, parking lots, passageways, roads, clustered mailboxes located either on the site or in an adjacent public right of way or any other real or personal property located on the site.

�� (13) �Structural code� means the specialty code defined in ORS 455.010. [1971 c.230 �2; 1973 c.539 �1; 1975 c.675 �35; 1979 c.133 �1; 1987 c.414 �27; 1987 c.604 �12; 1989 c.224 �109; 1991 c.67 �122; 1993 c.503 �1; 1993 c.744 �74; 1995 c.307 �1; 2011 c.488 �1]

�� 447.220 Purpose. It is the purpose of ORS 447.210 to 447.280 to make affected buildings, including but not limited to commercial facilities, public accommodations, private entities, private membership clubs and churches, in the state accessible to and usable by persons with disabilities, as provided in the Americans with Disabilities Act, and to make covered multifamily dwellings in the state accessible to and usable by all persons with disabilities, as provided in the Fair Housing Act. In requiring that buildings and facilities be usable by persons with disabilities, it is not the intention of the Legislative Assembly to require that items of personal convenience such as rest rooms, telephones and drinking fountains be provided for members of the public who have disabilities if they are not otherwise provided for members of the public who do not have disabilities. However, pursuant to the Americans with Disabilities Act, the Director of the Department of Consumer and Business Services may provide greater protection to individuals with disabilities by adopting more stringent standards than prescribed by the Americans with Disabilities Act. [1971 c.320 �1; 1973 c.539 �2; 1979 c.133 �2; 1989 c.224 �110; 1993 c.503 �2]

�� 447.230 Standards and specifications to eliminate architectural barriers. (1) The Director of the Department of Consumer and Business Services shall, pursuant to ORS 455.030 and ORS chapter 183, establish standards and specifications in the structural code necessary to eliminate architectural barriers to entry to and use of affected buildings and their related facilities by persons who have disabilities.

�� (2) The director shall, to assist in the identification of architectural barriers and in the development of the standards and specifications referred to in subsection (1) of this section, be assisted by the Oregon Disabilities Commission or its designee. [1971 c.320 �3; 1973 c.539 �3; 1979 c.133 �3; 1983 c.740 �169; 1987 c.414 �27b; 1987 c.672 �1; 1989 c.224 �111; 1989 c.703 �1; 1993 c.503 �3; 1993 c.744 �75a]

�� 447.231 Rules to eliminate architectural barriers. Notwithstanding any other provision of law and the authority of any board within the Department of Consumer and Business Services, the Director of the Department of Consumer and Business Services shall adopt rules to conform the state building code to the Americans with Disabilities Act and the Fair Housing Act and the regulations adopted thereunder. In addition, the director shall adopt rules to conform the state building code to the provisions of ORS 447.210 to 447.280, to the extent to which any statute is stricter than the Americans with Disabilities Act or the Fair Housing Act. [1991 c.691 �2; 1993 c.503 �4; 2003 c.14 �269]

�� 447.233 Accessible parking space requirements; inspection of spaces; violation. (1) The Director of the Department of Consumer and Business Services shall include in the state building code, as defined in ORS 455.010, a requirement that the number of accessible parking spaces specified in subsection (2) of this section be provided for affected buildings subject to the state building code and that the spaces be signed as required by subsection (2) of this section. Spaces may also be marked in a manner specified in the state building code.

�� (2)(a) The number of accessible parking spaces shall be:

�� Required�� Required

�� Required�� Minimum Number�� Minimum Number of

�� Total Parking�� Minimum Number of�� of Van�� Wheelchair User

�� In Lot� �� Accessible Spaces�� Accessible Spaces�� Only� Spaces

�� 1�� to�� 25�� 1�� 1�� -

�� 26�� to�� 50�� 2�� 1�� -

�� 51�� to�� 75�� 3�� 1�� -

�� 76�� to�� 100�� 4�� 1�� -

�� 101�� to�� 150�� 5�� -�� 1

�� 151�� to�� 200�� 6�� -�� 1

�� 201�� to�� 300�� 7�� -�� 1

�� 301�� to�� 400�� 8�� -�� 1

�� 401�� to�� 500�� 9�� -�� 2

�� 501�� to�� 1,000�� 2% of total�� -�� 1 in every 8

�� accessible spaces or

�� portion thereof

�� 1,001�� and�� over�� 20 plus 1 for each�� -�� 1 in every 8

�� 100 over 1,000�� accessible spaces or

�� portion thereof

�� (b) In addition, one in every eight accessible spaces, but not less than one, shall be van accessible. Where five or more parking spaces are designated accessible, any space that is designated as van accessible shall be reserved for wheelchair users. A van accessible parking space shall be at least nine feet wide and shall have an adjacent access aisle that is at least eight feet wide.

�� (c) Accessible parking spaces shall be at least nine feet wide and shall have an adjacent access aisle that is at least six feet wide.

�� (d) The access aisle shall be located on the passenger side of the parking space except that two adjacent accessible parking spaces may share a common access aisle.

�� (e) A sign shall be posted for each accessible parking space. The sign shall be clearly visible to a person parking in the space, shall be marked with the International Symbol of Access and shall indicate that the spaces are reserved for persons with disabled person parking permits. A van accessible parking space shall have an additional sign marked �Van Accessible� mounted below the sign. A van accessible parking space reserved for wheelchair users shall have a sign that includes the words �Wheelchair User Only.�

�� (f) Accessible parking spaces and signs shall be designed in compliance with the standards set forth by the Oregon Transportation Commission in consultation with the Oregon Disabilities Commission.

�� (3) No ramp or obstacle may extend into the parking space or the aisle, and curb cuts and ramps may not be situated in such a way that they could be blocked by a legally parked vehicle.

�� (4) Parking spaces required by this section shall be maintained so as to meet the requirements of this section at all times and to meet the standards established by the state building code.

�� (5) The director is authorized to inspect parking spaces and facilities and buildings subject to the provisions of this section, and to do whatever is necessary to enforce the requirements, including the maintenance requirements, of this section. Municipalities and counties may administer and enforce the requirements of this section in the manner provided under ORS 455.148 or 455.150 for administration and enforcement of specialty codes. All plans for parking spaces subject to the provisions of this section must be approved by the director prior to the creation of the spaces.

�� (6) Requirements adopted under this section do not apply to long-term parking facilities at the Portland International Airport.

�� (7) Any reported violation of this section shall be investigated by the administrative authority. The administrative authority shall make a final decision and order correction, if necessary, within 30 days of notification. Any aggrieved person may appeal within 30 days of the decision by the administrative authority to the appropriate municipal appeals board or, at the option of the local jurisdiction, directly to the Building Codes Structures Board established under ORS 455.132. The appeal shall be acted upon within 60 days of filing. The decision of the municipal appeals board may be appealed to the board. The board shall act on the appeal within 60 days of filing. All appeals to the board shall be filed in accordance with ORS 455.690. [1979 c.809 �2; 1981 c.275 �1; 1983 c.338 �930; 1987 c.187 �1; 1989 c.243 �15; 1991 c.741 �6; 1993 c.503 �8; 1993 c.744 �77; 2001 c.573 �5; 2007 c.468 �1]

�� 447.235 [1973 c.539 �11; 1989 c.224 �112; repealed by 1993 c.503 �14]

�� 447.240 [1971 c.320 �4; 1973 c.539 �4; 1973 c.540 �1; 1974 c.36 �14; 1989 c.224 �113; repealed by 1993 c.503 �14]

�� 447.241 Standards for renovating, altering or modifying certain buildings; barrier removal improvement plan. (1) Every project for renovation, alteration or modification to affected buildings and related facilities that affects or could affect the usability of or access to an area containing a primary function shall be made to insure that, to the maximum extent feasible, the paths of travel to the altered area and the rest rooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope.

�� (2) Alterations made to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds 25 percent of the alteration to the primary function area.

�� (3) If the cost of alterations to make the paths of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the paths of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.

�� (4) In choosing which accessible elements to provide under this section, priority shall be given to those elements that will provide the greatest access. Elements shall be provided in the following order:

�� (a) Parking;

�� (b) An accessible entrance;

�� (c) An accessible route to the altered area;

�� (d) At least one accessible rest room for each sex or a single unisex rest room;

�� (e) Accessible telephones;

�� (f) Accessible drinking fountains; and

�� (g) When possible, additional accessible elements such as storage and alarms.

�� (5) A series of small alterations to an area served by a single path of travel does not satisfy the obligation to provide an accessible path of travel created under subsection (1) of this section.

�� (6) If an area containing a primary function has been altered without providing an accessible path of travel to the area and subsequent alterations affecting the same path of travel are undertaken within three years of the original alteration, the total cost of the alterations to the primary function area on the path of travel during the preceding three-year period shall be considered in determining whether the cost of making the path of travel accessible is disproportionate.

�� (7)(a) A barrier removal improvement plan may satisfy the requirements of subsection (1) of this section. The plan shall require an equivalent or greater level of barrier removal than required by subsection (1) of this section.

�� (b) The barrier removal improvement plan shall include:

�� (A) A letter of participation from the building owner;

�� (B) A building survey that identifies existing architectural barriers;

�� (C) An improvement plan and time schedule for removal of architectural barriers; and

�� (D) An implementation agreement.

�� (c) The barrier removal improvement plan may be reviewed and accepted through the waiver process under ORS 447.250. The plan shall be reviewed upon completion or every three years for compliance with the requirements of this section.

�� (8) For purposes of this section, �primary function� is a major activity for which the facility is intended. [1993 c.503 �7]

�� 447.243 [1973 c.539 �6; 1989 c.224 �114; repealed by 1993 c.503 �14]

�� 447.245 [1973 c.539 �17; 1973 c.540 �3; repealed by 1993 c.503 �14]

�� 447.247 Elevators required; criteria; rules. (1) Elevators are required:

�� (a) In all shopping centers, shopping malls, professional offices of health care providers and government buildings that are covered by Title II of the Americans with Disabilities Act;

�� (b) In all other commercial facilities, private entities and places of public accommodation covered by Title III of the Americans with Disabilities Act that have more than one floor level and more than 3,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building; and

�� (c) In all private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building.

�� (2) The Department of Consumer and Business Services may by rule create exceptions to the requirements of this section if this section would require an elevator in a building that would not be required to have an elevator under the provisions of the Americans with Disabilities Act or the Fair Housing Act. [1993 c.503 �6; 1995 c.307 �2]

�� 447.250 Waiver or modification of standards and specifications; appeals board; procedures; fees. (1) When a person or governmental entity undertaking the construction, renovation, alteration or modification of an affected building or its related facilities determines that a particular standard or specification exceeds the standards or specifications imposed by the Americans with Disabilities Act and the Fair Housing Act, and that full compliance with the standard or specification is impractical in that it would defeat the purpose of the project proposed or in process, it may apply to the appeals board having jurisdiction over the project for a waiver or modification of such standard or specification, setting forth the reasons for its determination and a proposal for the work complying with the particular standard or specification to the maximum extent that it considers practical.

�� (2)(a) For projects involving a state correctional facility as defined in ORS 421.005 (2), or a local correctional facility, as defined in ORS 169.005, the appeals board referred to in subsection (1) of this section is the Building Codes Structures Board established under ORS 455.132.

�� (b) For all other projects, the appeals board referred to in subsection (1) of this section is the appeals board established under ORS 455.020 (4) by the municipality having jurisdiction over the project.

�� (3) The appeals board shall thereupon investigate the application. The board in its investigation shall be required to seek the advice of the Oregon Disabilities Commission or its designee in dealing with architectural barrier waivers. If the appeals board finds that the proposal submitted with the application would constitute a substantial compliance with, or an acceptable alternative to, the particular standard or specification in view of the objectives of ORS 447.210 to 447.280, the waiver shall be granted. If the board finds otherwise, the application shall be promptly denied with notice to the requesting person or governmental entity of the denial.

�� (4) The findings of the appeals board shall include the estimated building costs and the additional cost of construction to conform to the requirements of ORS 447.210 to 447.280 over the cost of a nonconforming feature or any other special reason or circumstance that, in the judgment of the board, justifies the decision.

�� (5) Any person aggrieved by the final decision of an appeals board may within 30 days of the decision appeal to the Director of the Department of Consumer and Business Services. In the case where no appeals board has been created the director shall have original jurisdiction of an application for a waiver. The applicant for a waiver or an appeal shall submit a fee of $20 payable to the director with the request for waiver or appeal. In determining an appeal or an original application, the procedures and standards of subsections (1) to (4) of this section shall apply to the director. [1971 c.320 �5; 1973 c.539 �7; 1979 c.133 �4; 1987 c.672 �3; 1989 c.224 �115; 1989 c.703 �2; 1993 c.744 �78; 1995 c.307 �3; 2001 c.517 �6]

�� 447.255 Access to lottery-funded facilities by persons with disabilities. (1) It is the intent of the Legislative Assembly that any affected buildings, the construction costs of which are paid for in whole or in part by lottery funds, shall be accessible to and usable by persons with disabilities in the manner prescribed in ORS 447.210 to 447.280.

�� (2) Promotional and marketing programs described by this section shall promote and identify lottery-funded facilities as accessible to and usable by persons with disabilities whenever appropriate. [1989 c.909 �49; formerly 461.730; 1993 c.503 �9; 2005 c.835 �29]

�� 447.260 Rules. (1) The Director of the Department of Consumer and Business Services may promulgate rules reasonably necessary to implement and enforce ORS 447.210 to 447.280 as part of the structural code including, but not limited to, rules authorizing the director to waive or modify any standards and specifications with respect to work on affected buildings and their related facilities where the director determines, with respect to emergency or temporary construction, that compliance with such standards or specifications would not be necessary to fulfill the objectives of ORS 447.210 to 447.280 or would be impractical.

�� (2) The Director of the Department of Consumer and Business Services shall by rule establish criteria for determining the lowest flooring of a building for the purposes of the definition of �affected buildings� provided by ORS 447.210 and for the purposes of ORS 447.247. [1971 c.320 �6; 1973 c.539 �8; 1979 c.133 �5; 1993 c.503 �10; 1993 c.744 �76; 1995 c.307 �4]

�� 447.270 Cooperation with public officials and agencies required. The Director of the Department of Consumer and Business Services or the designated representative of the director shall cooperate with and receive the assistance of all persons, all appropriate elective or appointive public officials and all state or governmental agencies in carrying out the responsibilities of the director under ORS 447.210 to

ORS 454.255

454.255 unless the context requires otherwise:

�� (1) �Authority� means the Oregon Health Authority.

�� (2) �Connection� means the connection between a water system and a customer that enables the customer to receive potable water from the system.

�� (3) �Construction standards� means criteria for constructing or installing water system facilities.

�� (4) �Director� means the Director of the Oregon Health Authority.

�� (5) �Emergency� means a condition resulting from an unusual calamity such as a flood, an earthquake or an accidental spill of hazardous material that can endanger the quality of the water produced by a water system.

�� (6) �Operational requirements� means requirements that prescribe the manner in which water systems must be operated.

�� (7) �Permit� means a document issued to a water system that authorizes it to commence or continue to operate in the State of Oregon and lists the conditions the system must meet to continue operating.

�� (8) �Safe drinking water� means water that is sufficiently free from biological, chemical, radiological or physical impurities such that individuals will not be exposed to disease or harmful physiological effects.

�� (9) �Sanitary survey� means an on-site review of the source, facilities, equipment, operation and maintenance of a water system, including related land uses, for the purpose of evaluating the capability of that water system to produce and distribute safe drinking water.

�� (10) �Special master� means the person appointed by the court to administrate the water system.

�� (11) �Variance� means permission from the agency for a water system to provide water that does not meet water quality standards.

�� (12) �Water supplier� means any person, group of persons, municipality, district, corporation or entity that owns or operates a water system.

�� (13) �Water system� means a system for the provision of water for human consumption through pipes or other constructed conveyances.

�� (14) �Waterborne disease� means disease caused by chemical, physical, radiological or biological agents epidemiologically associated with infection, illness or disability that is transported to human beings by water that has been ingested or through contact as in bathing or other domestic uses. [1981 c.749 �2; 1983 c.271 �3; 1985 c.178 �4; 1997 c.249 �145; 1999 c.59 �126; 1999 c.653 �1; 2001 c.900 �196; 2009 c.595 �837]

�� 448.119 Application of ORS 448.119 to 448.285 and other provisions to water systems. Before a water system is subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, the system must have at least four service connections, or it must serve water to public or commercial premises which are used by an average of at least 10 individuals daily at least 60 days each year. In a housing subdivision of four or more living units where the water service connections of individual units are only two or three per water system, at the discretion of the Director of the Oregon Health Authority, the Oregon Health Authority may regulate the water systems within the subdivision under ORS 448.119 to 448.285, 454.235 and 454.255. [1981 c.749 �3; 1985 c.178 �5; 1997 c.249 �146; 2009 c.595 �838]

�� 448.120 [Repealed by 1967 c.344 �10]

�� 448.123 Purpose. (1) It is the purpose of ORS 448.119 to 448.285, 454.235 and 454.255 to:

�� (a) Ensure that all Oregonians have safe drinking water.

�� (b) Provide a simple and effective regulatory program for drinking water systems.

�� (c) Provide a means to improve inadequate drinking water systems.

�� (2) In carrying out the purpose set forth in subsection (1) of this section, the Oregon Health Authority shall act in accordance with the goal set forth in ORS 468B.155.

�� (3) If, in carrying out any duty prescribed by law, the authority acquires information related to ground water quality in Oregon, the authority shall forward a copy of the information to the centralized repository established pursuant to ORS

ORS 455.044

455.044 and 455.046. [Formerly 455.846]

�� Note: See note under 455.044.

�� 455.050 Building permits; content. All building permits issued in this state shall contain the following information:

�� (1) The name and address of the owner of the building or structure to be constructed or altered under the permit;

�� (2) The name and address of the builder or contractor, if known, who will perform the construction or alteration; and

�� (3) The street address and legal description or tax lot number of the property on which construction or alteration will occur. [Formerly 456.887]

�� Note: 455.050 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.055 Uniform permit, inspection and certificate of occupancy requirements; rules. The Director of the Department of Consumer and Business Services may adopt rules establishing uniform permit, inspection and certificate of occupancy requirements under the state building code. The rules may include, but need not be limited to, rules establishing standards for building inspections and inspection procedures and rules establishing uniform forms for certificates of occupancy. In adopting rules under this section, the director may establish a process for a municipality to address conditions that are unique to the municipality�s enforcement of the state building code or that are not addressed by the rules establishing uniform permit, inspection and certificate of occupancy requirements. [2007 c.549 �2]

�� Note: 455.055 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences.

�� (2) This section does not apply to:

�� (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or

�� (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law.

�� (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 �2]

�� Note: 455.058 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.060 Rulings on acceptability of material, design or method of construction; effect of approval; fees. (1) Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under any provision of the state building code. Requests shall be in writing and, if made by anyone other than a building official, shall be made and the ruling issued prior to the use or attempted use of such questioned material, design or method.

�� (2) In making rulings, the director shall obtain the approval of the appropriate advisory board as to technical and scientific facts and shall consider the standards and interpretations published by the body that promulgated any nationally recognized model code adopted as a specialty code of this state.

�� (3) A copy of the ruling issued by the director shall be certified to the person making the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a permanent record of all such rulings, and shall furnish copies thereof to any interested person upon payment of such fees as the director may prescribe.

�� (4) A building official or inspector shall approve the use of any material, design or method of construction approved by the director pursuant to this section if the requirements of all other local ordinances are satisfied. [Formerly 456.845]

�� 455.062 Provision of technical submissions. (1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications:

�� (a) For structures of a type for which the provision of technical submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration requirements of ORS 672.002 to

ORS 455.117

455.117, subsection (1) of this section applies to contractor or business licenses by the Electrical and Elevator Board, the Board of Boiler Rules or the State Plumbing Board.

�� (3) The director shall establish rules to implement the system described in this section. The rules must establish the combinations of licenses for which a simultaneous issuance or renewal is offered, the term and expiration date for the combination, the appropriate fees for administering the system, the criteria for issuance and renewal and the other standards and criteria deemed by the Department of Consumer and Business Services to be necessary to administer and enforce the system. [2003 c.136 �2; 2005 c.758 �18]

�� Note: 455.122 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.125 Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization. (1) As used in this section, �person� includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

�� (2) In addition to any other sanction, remedy or penalty provided by law, the Director of the Department of Consumer and Business Services or an appropriate advisory board may deny, suspend, condition or revoke a registration, certification, license or other authority of a person to perform work or conduct business issued under laws administered by the Department of Consumer and Business Services or advisory board if the person:

�� (a) Fails to comply with a provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693, or with any rule adopted under those statutes or under ORS 455.117; or

�� (b) Engages in an act for which the Construction Contractors Board imposes a sanction on the holder under ORS 701.098.

�� (3) For purposes of ORS 701.106, a compliance failure described in subsection (2)(a) of this section for which the director or an advisory board denies, suspends, conditions or revokes a registration, certification, license or other authority of a person to perform work or conduct business may be treated as a failure to be in conformance with this chapter. [2003 c.361 �2; 2005 c.758 �19; 2007 c.306 �1; 2013 c.324 �7]

�� Note: 455.125 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.127 Disqualification from obtaining license, registration, certificate or certification. (1) As used in this section, �person� includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

�� (2) The Director of the Department of Consumer and Business Services, the Department of Consumer and Business Services or an appropriate advisory board may disqualify a person from obtaining or renewing a license, registration, certificate or certification if the person:

�� (a) Is or has been subject to civil penalties, revocation, cancellation or suspension of a license, registration, certificate or certification or other sanction by the director, department or an advisory board; or

�� (b) Is or has been directly involved in an act for which the director, department or an advisory board has levied civil penalties, revoked, canceled or suspended a license, registration, certificate or certification or imposed other sanction while the person served as a principal, director, officer, owner, majority shareholder, member or manager of a limited liability company or in another capacity with direct or indirect control over another business.

�� (3) A disqualification under subsection (2) of this section shall be for a period determined by the director, department or appropriate advisory board by rule, not to exceed five years. If a person applies for reinstatement of a revoked license, registration, certificate or certification after the period of disqualification, the person must meet the qualifications for initial issuance of the license, registration, certificate or certification. [2005 c.416 �2; 2005 c.758 �56h]

�� Note: 455.127 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.129 Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application. (1) As used in this section, �relative� means an individual related within the third degree as determined by the common law, a spouse, an individual related to a spouse within the third degree as determined by the common law or an individual in an adoptive relationship within the third degree as determined by the common law.

�� (2) Subject to ORS chapter 183, a regulatory body listed in subsection (3) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or registration if the regulatory body finds that the licensee, certificate holder, registrant or applicant:

�� (a) Has failed to comply with the laws administered by the regulatory body or with the rules adopted by the regulatory body.

�� (b) Has failed to comply with an order of the regulatory body or the Director of the Department of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

�� (c) Has filed an application for a license, certificate or registration that, as of the date the license, certificate or registration was issued or the date of an order denying the application, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was incorrect or misleading in any respect.

�� (d) Has performed work without appropriate licensing, certification or registration or has employed individuals to perform work without appropriate licensing, certification or registration.

�� (e) Has advertised or otherwise held out as being a licensed, certified or registered specialty code contractor without holding the appropriate specialty code contractor license, certificate or registration.

�� (f) As a partner, officer, member or employee of a business, has advertised or held out that the business is a licensed, certified or registered specialty code contractor if the business does not possess the appropriate specialty code contractor license, certificate or registration.

�� (g) Has engaged in business as a specialty code contractor without holding a valid specialty code contractor license, certificate or registration required for the business.

�� (h) Has failed to meet any condition or requirement to obtain or maintain a license, certificate or registration.

�� (i) Has acted in a manner creating a serious danger to the public health or safety.

�� (j) Has performed work or operated equipment within the scope of a specialty code license, certificate or registration in a manner that violates an applicable minimum safety standard or a statute or rule regarding safety.

�� (k) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the board.

�� (L) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by another state in regard to construction standards, permit requirements or construction-related licensing violations or has failed to pay a civil penalty imposed by the other state in regard to construction standards, permit requirements or construction-related licensing violations.

�� (m) Has, while performing work that requires or that is related to work that requires a valid license or certificate under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to

ORS 455.325

455.325 to 455.350 shall file a notice with the county clerk who shall make the notice a part of the permanent deed record of the property. That notice shall contain the information provided to the owner-builder under subsection (2)(b) of this section and a description of the property sufficient if it were contained in a mortgage of the property to give constructive notice of the mortgage under the law of this state.

�� (4) Any person, or that person�s agent, selling an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 shall notify each potential buyer of the existence, location and contents of the notice filed under subsection (3) of this section prior to any commitment to purchase the property. [Formerly 456.945; 1999 c.1045 �16; 1999 c.1082 �12]

�� 455.350 Purchaser�s remedies. (1) An individual who purchases an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 from an owner who has not complied with ORS 455.345 (3) or (4) shall have a cause of action against the seller, within two years of the date of making the sale contract, for actual damages, if any.

�� (2) Noncompliance with ORS 455.345 (3) or (4) shall not affect, in any manner, any conveyance of interest in property exempted from the structural code under ORS 455.330. [Formerly

ORS 455.459

455.459, 455.461, 455.467, 455.475 or 455.477 is intended to limit, supersede or otherwise affect the rights, obligations or professional activities of an inspector engaged in the business of providing prefabricated structure plan approvals and inspections, as defined in ORS 455.715, pursuant to ORS 455.715 to 455.740. [1999 c.1045 �28]

�� Note: See note under 455.479.

�� 455.483 Electrical and plumbing code plan review; rules. (1) The Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt rules to make electrical code plan review mandatory only for complex structures located in jurisdictions that offer electrical code plan review services.

�� (2) The department shall adopt rules to make plumbing code plan review mandatory only for complex structures located in jurisdictions that offer plumbing code plan review services.

�� (3) Notwithstanding any rules adopted pursuant to subsections (1) and (2) of this section, an owner of a complex structure or the owner�s agent may request and receive plan review and inspections for any electrical and plumbing materials and installations that are subject to the state building code. [2003 c.367 �5; 2005 c.661 �1]

�� Note: 455.483 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.485 Special consideration for rural or remote areas; determination of compliance with fire, life safety and other building code standards. (1) When adopting the state building code, the Director of the Department of Consumer and Business Services shall give special consideration to the unique needs of construction in rural or remote parts of this state.

�� (2) Notwithstanding any description of State Fire Marshal duties in ORS 476.030,

ORS 455.580

455.580, unless it or any portion thereof is exempted by rule or order pursuant to ORS 455.570 (2), (3) and (4):

�� (a) Any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes;

�� (b) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise;

�� (c) Any portion of an industrial plant building used primarily as office space; or

�� (d) Any building owned by the state or political subdivision thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings. [Formerly 456.746; 1993 c.744 �96]

�� 455.565 Purpose of ORS 455.560 to 455.580. It is the purpose of ORS 455.560 to 455.580 to promote, encourage and require measures to conserve energy in public buildings. [Formerly 456.744]

�� 455.570 Maximum lighting standards for new public buildings; exemptions. (1) After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in this chapter, shall establish maximum lighting standards for public buildings constructed on or after July 1, 1978. Such standards may distinguish between type of design, the uses to which buildings are put, location, age or any other applicable classification.

�� (2) Such standards shall allow for:

�� (a) Differences in lighting levels within public buildings for special areas and uses, including but not limited to hospital, drafting room, and advertising display, and for other areas and activities requiring special illumination.

�� (b) The interaction between lighting and heating systems.

�� (c) Occupational safety and health standards.

�� (3) The director may by rule or order exempt from the maximum lighting standards, new public buildings or portions thereof that:

�� (a) Are of insufficient size to warrant maximum lighting standard regulations;

�� (b) Should be allowed a specific period of time before compliance with maximum lighting standards is required;

�� (c) Are difficult or impractical to regulate based upon location;

�� (d) Are not open to the public during normal business hours;

�� (e) Are impractical to regulate, based upon unique design; or

�� (f) Would not be benefited by regulation, based upon the insignificant amount of energy possible to conserve.

�� (4) Any person subject to ORS 455.560 to 455.580 may apply to the director for an exemption under this section. [Formerly 456.747; 2009 c.567 �7]

�� 455.573 Outdoor shielded lighting fixtures; waiver by municipality. (1) Public buildings constructed on or after January 1, 2010, or on which outdoor lighting fixtures attached to the building are replaced on or after January 1, 2010, shall have installed to the greatest practicable extent shielded lighting fixtures for outdoor use.

�� (2) Notwithstanding ORS 455.020 and 455.040, a municipality may enact an ordinance or resolution that meets or exceeds the requirements established under subsection (1) of this section.

�� (3) If a municipality determines that the use of shielded lighting is not practical for a public building because of the historical character of the building or for other reasons, the municipality may waive the requirements for the use of shielded lighting established under this section.

�� (4) As used in this section, �shielded lighting� means a lighting fixture that has a covering or is designed to ensure that direct or indirect light rays emitted from the fixture are projected below a horizontal plane running through the lowest light-emitting point of the fixture. [2009 c.588 �6]

�� 455.575 Advisory lighting standards for public buildings constructed before July 1, 1978. After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in ORS chapter 183, shall establish advisory maximum lighting standards for public buildings constructed before July 1, 1978, based on the factors set forth in ORS 455.570. [Formerly 456.748; 2009 c.567 �8]

�� 455.580 Status of powers of director. The powers and duties given the Director of the Department of Consumer and Business Services by ORS 455.560 to 455.580 shall be in addition to, and not in derogation of, all other powers, duties and responsibilities vested in the director. [Formerly 456.749]

�� 455.595 Energy Efficient Construction Account. The State Treasurer is authorized to establish an Energy Efficient Construction Account for the purpose of providing energy engineering and technical assistance studies to state and other public buildings. Moneys credited to this account from payments for energy engineering or technical assistance studies and other revenues as authorized by the appropriate legislative review agency are continuously appropriated for the payment of these expenses. [1987 c.206 �6]

�� Note: 455.595 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LOW-RISE RESIDENTIAL DWELLING CODE; SMALL HOMES

�� 455.610 Low-Rise Residential Dwelling Code; alternate methods of construction; alternate approval for conversion; appeal; rules. (1) The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a Low-Rise Residential Dwelling Code that contains all requirements, including structural design provisions, related to the construction of residential dwellings three stories or less above grade. The code provisions for plumbing and electrical requirements must be compatible with other specialty codes adopted by the director. The Electrical and Elevator Board, the Mechanical Board and the State Plumbing Board shall review, respectively, amendments to the electrical, mechanical or plumbing provisions of the code.

�� (2) Changes or amendments to the code adopted under subsection (1) of this section may be made when:

�� (a) Required by geographic or climatic conditions unique to Oregon;

�� (b) Necessary to be compatible with other statutory provisions;

�� (c) Changes to the national codes are adopted in Oregon; or

�� (d) Necessary to authorize the use of building materials and techniques that are consistent with nationally recognized standards and building practices.

�� (3) Notwithstanding ORS 455.030, 455.035, 455.110 and 455.112, the director may, at any time following appropriate consultation with the Mechanical Board or Building Codes Structures Board, amend the mechanical specialty code or structural specialty code to ensure compatibility with the Low-Rise Residential Dwelling Code.

�� (4) The water conservation provisions for toilets, urinals, shower heads and interior faucets adopted in the Low-Rise Residential Dwelling Code shall be the same as those adopted under ORS 447.020 to meet the requirements of ORS 447.145.

�� (5) The Low-Rise Residential Dwelling Code shall be adopted and amended as provided by ORS

ORS 455.715

455.715 in 1987]

�� 456.809 Sanctions against withdrawing property owner prohibited. (1) Except as expressly authorized in ORS 456.781, 456.788, 456.814 or 456.819 or as may be provided by contract with the property owner, a local government may not:

�� (a) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for withdrawing the participating property from publicly supported housing.

�� (b) Except as an exercise of constitutional or statutory powers of condemnation:

�� (A) Prevent or restrict a property owner from selling or otherwise disposing of participating property.

�� (B) Require conveyance of participating property to the local government or to another party.

�� (C) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for refusing an offer by the Housing and Community Services Department, the department�s designee, a local government or another party to purchase participating property.

�� (2) Subsection (1) of this section does not prohibit a local government that is certified by a federal agency to carry out an agency responsibility or to exercise agency authority from taking any action within the scope of that responsibility or authority. [Formerly 456.265]

�� 456.810 [1973 c.834 �14; 1981 c.343 �3; renumbered 455.720 in 1987]

�� 456.814 Offers by qualified purchasers; right of first refusal; recording. (1) After the owner of a participating property has delivered the notice under ORS 456.781 (1) or 30 months prior to the date when the contract term would expire as described in ORS 456.781 (1)(a), whichever is earlier, the Housing and Community Services Department may appoint a designee to act as purchaser of the participating property. The appointment becomes effective upon the department delivering to the property owner notice of the appointment of a designee. The department must consult with each local government where the property is located before appointing a designee under this subsection. The department shall enter into a written agreement with the appointed designee requiring that the designee and any of the designee�s successors or assigns:

�� (a) Agree to preserve the affordability of the participating property; and

�� (b) Assume all rights and responsibilities attributable to the department as a prospective purchaser of the participating property.

�� (2) No later than 60 days prior to the termination date, a qualified purchaser may deliver by certified mail, with return receipt requested, an offer to the property owner to purchase the participating property, which includes a notice that the qualified purchaser may record a notice of right of first refusal under subsection (3) of this section. A property owner is under no obligation to accept an offer made under this subsection.

�� (3) No earlier than 14 days after delivery of the offer under subsection (2) of this section and no later than the termination date, a qualified purchaser may record in the real property records of the county a notice of right of first refusal in a form prepared by the department that:

�� (a) Includes a legal description of the participating property;

�� (b) Attaches a copy of the notice delivered with the offer and proof of mailing of the notice as required by subsection (2) of this section;

�� (c) Declares that the department or local government party acknowledging the instrument holds the right of first refusal to purchase the property under ORS 456.819 and that the acknowledging party may assign the right of first refusal to a qualified purchaser and that right may be, from time to time, reassigned;

�� (d) Declares that the right of first refusal shall expire 36 months after the termination date;

�� (e) Declares that a copy of the recorded notice of right of first refusal must be promptly delivered to the property owner by the qualified purchaser offering the instrument for recording; and

�� (f) Is executed and acknowledged by an authorized representative of the local government or department in the manner provided for the acknowledgment of deeds.

�� (4) The property owner may not withdraw the participating property from publicly supported housing and terminate the affordability restrictions until the termination date, which may not be sooner than the latest of the date:

�� (a) Thirty months following the owner�s delivery of all notices required under ORS 456.788 (3) and (4);

�� (b) Twenty-four months following the owner�s delivery of all notices required under ORS 456.781 (2);

�� (c) Thirty months following the owner�s delivery of all notices required under ORS 456.781 (1); or

�� (d) Upon which all affordability restriction periods set forth in any contract expire.

�� (5) At any time after the notice described in ORS 456.781 (1) has been delivered, within 30 days of the request from a qualified purchaser, the property owner shall make available documents that are relevant to the participating property at the property owner�s principal place of business or at a commercial photocopying facility.

�� (6)(a) Notwithstanding the provisions of ORS 192.311 to 192.478 relating to public records, the documents provided by the property owner to a qualified purchaser under subsection (5) of this section are confidential and exempt from public inspection except with the written consent of the property owner or as ordered by a court.

�� (b) Notwithstanding paragraph (a) of this subsection, disclosure may be made to potential funding sources, regulatory agencies or agents or consultants of a qualified purchaser in connection with a transaction between the property owner and a qualified purchaser under this section, subject to appropriate confidentiality agreements.

�� (7) The department may record a notice of right of first refusal as described in subsection (3) of this section without delivering an offer if:

�� (a) No qualified purchaser has recorded a right of first refusal 60 days prior to the termination date;

�� (b) The department has given written notice to the owner 14 days in advance; and

�� (c) The notice of right of first refusal is recorded prior to the termination date. [Formerly

ORS 455.800

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

�� Note: See note under 455.800.

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

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

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

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

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

�� (b) The building official determines that:

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

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

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

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

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

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

�� (a) Drywall;

�� (b) Footings and setbacks;

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

�� (d) Insulation;

�� (e) Masonry fireplace pre-cover;

�� (f) Masonry rebar;

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

�� (h) Roof sheathing nailing;

�� (i) Suspended ceilings;

�� (j) Underfloor structural; and

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

�� Note: See note under 455.800.

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

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

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

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

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

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

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

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

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

�� Note: See note under 455.800.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PENALTIES

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

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

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

ORS 455.897

455.897�� Criminal penalties

ADMINISTRATION

(Generally)

�� 455.010 Definitions for ORS chapter 455. As used in this chapter, unless the context requires otherwise:

�� (1)(a) �Advisory board� means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically:

�� (A) The Building Codes Structures Board established under ORS 455.132;

�� (B) The Electrical and Elevator Board established under ORS 455.138;

�� (C) The State Plumbing Board established under ORS 693.115;

�� (D) The Board of Boiler Rules established under ORS 480.535;

�� (E) The Residential and Manufactured Structures Board established under ORS 455.135;

�� (F) The Mechanical Board established under ORS 455.140; or

�� (G) The Construction Industry Energy Board established under ORS 455.492.

�� (b) �Appropriate advisory board� means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter.

�� (2) �Department� means the Department of Consumer and Business Services.

�� (3) �Director� means the Director of the Department of Consumer and Business Services.

�� (4) �Low-Rise Residential Dwelling Code� means the adopted specialty code prescribing standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS 443.400 or transient lodging.

�� (5) �Municipality� means a city, county or other unit of local government otherwise authorized by law to administer a building code.

�� (6) �Prefabricated structure�:

�� (a) Means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site.

�� (b) Does not mean a manufactured dwelling.

�� (7) �Specialty code�:

�� (a) Means a code of regulations adopted under ORS 446.062, 446.185, 447.020 (2), 455.020 (2),

ORS 456.270

456.270.

�� (16) The department shall adopt rules to implement and carry out the provisions of this section. [2017 c.666 �1; 2021 c.57 �7]

�� Note: 456.502 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 456.505 [Repealed by 2023 c.193 �27]

SUBSIDIZED DEVELOPMENT VISITABILITY

�� 456.506 Findings. The Legislative Assembly finds and declares that:

�� (1) People with disabilities and senior citizens over 85 years of age are the fastest growing population in Oregon. The second fastest growing population in Oregon are the members of the massive baby boom generation, who will, as they age, demand services and accommodations at an unprecedented rate.

�� (2) The policy of this state is to encourage the design and construction of dwellings that enable easy access by individuals with mobility impairments and that are adaptable to allow continued use by aging occupants. [2003 c.431 �1]

Note: 456.506 to 456.514 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 456.508 Definitions for ORS 456.510 and 456.513. As used in ORS 456.510 and 456.513:

�� (1) �Accessible� means that housing complies with federal accessibility guidelines implementing the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 et seq., as amended and in effect on January 1, 2004.

�� (2) �Common living space� means a living room, family room, dining room or kitchen.

�� (3) �Contiguous units� means units that are on the same tax lot or on contiguous tax lots that have a common boundary. Tax lots that are separated by a public road are contiguous tax lots for purposes of this subsection.

�� (4) �New� means that the housing being constructed did not previously exist in residential or nonresidential form. �New� does not include the acquisition, alteration, renovation or remodeling of an existing structure.

�� (5) �Powder room� means a room containing at least a toilet and sink.

�� (6) �Rental housing� means a dwelling unit designed for nonowner occupancy under a tenancy typically lasting six months or longer.

�� (7) �Subsidized development� means housing that receives one or more of the following development subsidies from the Housing and Community Services Department:

�� (a) The federal low-income housing tax credit under 26 U.S.C. 42(a), if no part of the eligible basis prior to the application of 26 U.S.C. 42(i)(2)(B) was financed with an obligation described in 26 U.S.C. 42(h)(4)(A), all as amended and in effect on January 1, 2004;

�� (b) An agriculture workforce housing tax credit, as described in ORS 315.164;

�� (c) A loan that qualifies the lending institution for a subsidized housing loan tax credit, as described in ORS 317.097;

�� (d) Funding under the federal HOME Investment Partnerships Act, 42 U.S.C. 12721 to 12839, as amended and in effect on January 1, 2004;

�� (e) Moneys from the Oregon Housing Fund created under ORS 458.620; or

�� (f) Moneys from other grant or tax incentive programs administered by the Housing and Community Services Department under ORS 456.559.

�� (8) �Visitable� means capable of being approached, entered and used by individuals with mobility impairments, including but not limited to individuals using wheelchairs. [2003 c.431 �2; 2013 c.750 �27]

�� Note: See note under 456.506.

�� 456.510 Visitability requirements. (1) Except as provided in this section and ORS 456.513, the Housing and Community Services Department may not provide funding for the development of new rental housing that is a subsidized development unless:

�� (a) Each dwelling unit of the housing meets the following requirements:

�� (A) At least one visitable exterior route leading to a dwelling unit entrance that is stepless and has a minimum clearance of 32 inches.

�� (B) One or more visitable routes between the visitable dwelling unit entrance and a visitable common living space.

�� (C) At least one visitable common living space.

�� (D) One or more visitable routes between the dwelling unit entrance and a powder room.

�� (E) A powder room doorway that is stepless and has a minimum clearance of 32 inches.

�� (F) A powder room with walls that are reinforced in a manner suitable for handrail installation.

�� (G) Light switches, electrical outlets and environmental controls that are at a reachable height.

�� (b) For a development that has a shared community room or that has 20 or more contiguous units, there is at least one powder room available for all tenants and guests that is accessible.

�� (2) For a multistory structure without an elevator, this section applies only to dwelling units on the ground floor of the structure.

�� (3) This section does not apply to agriculture workforce housing as defined in ORS 315.163 that is located on a farm. [2003 c.431 �3; 2013 c.750 �28]

�� Note: See note under 456.506.

�� 456.513 Exemption from visitability requirements. The Housing and Community Services Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of ORS 456.510 if the department determines that the exemption is warranted by:

�� (1) The topography at the construction site;

�� (2) Community and design standards;

�� (3) Undue costs or constraints; or

�� (4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing. [2003 c.431 �4]

�� Note: See note under 456.506.

�� 456.514 Rules. The Housing and Community Services Department shall adopt rules for implementing, administering and enforcing ORS

ORS 458.480

458.480 to 458.490, the department may not itself develop, construct, rehabilitate or conserve housing units; and neither the department nor any housing sponsor, including but not limited to any association, corporation, cooperative housing authority or urban renewal agency organized to provide housing and other facilities under ORS 456.548 to 456.828, may own, acquire, construct, purchase, lease, operate or maintain utility facilities, including facilities for the generation of electricity, for the distribution of gas and electricity, and for the conveyance of telephone and telegraph messages.

�� (3) In accordance with the provisions of this section and with the advice of the council, the department shall establish statewide priorities for housing programs. State agencies shall coordinate their housing programs with the department. All state agencies intending to apply for federal funds for use in planning, developing or managing housing, or rendering assistance to governmental bodies or sponsors or individuals involved therein shall submit a description of the proposed activity to the department for review not less than 30 days prior to the intended date of submission of the application to the federal agency. The department shall determine whether the proposal would result in a program that would overlap, duplicate or conflict with any other housing program in the state. If the department finds overlapping or duplication or conflict, it shall recommend modifications in the application. The Oregon Department of Administrative Services shall consider these recommendations in making its decision to approve or disapprove the application. The department shall complete its review and forward its recommendations within 15 working days after receipt of the notification. Failure of the department to complete the review within that time shall constitute approval of the application by the department.

�� (4) The Director of the Housing and Community Services Department may participate in discussions and deliberations of the council. The director may suggest policies to the council, including those necessary to stimulate and increase the supply of housing for persons and families of lower income. [Formerly 456.570; 1987 c.158 �86a; 1987 c.414 �15a; 1987 c.567 �1; 1989 c.307 �3; 1989 c.966 �50; 1991 c.739 �4; 1995 c.79 �246; 2007 c.70 �262; 2015 c.180 �7; 2016 c.61 �6; 2017 c.608 �9; 2017 c.707 �10; 2023 c.193 �4; 2023 c.435 �4; 2025 c.558 �9]

�� Note: Section 1, chapter 537, Oregon Laws 2025, provides:

�� Sec. 1. Mixed income housing; reports; rules. (1) As used in this section, �mixed income housing� means multifamily housing, as defined in ORS 456.717, that includes housing for both families of lower income and moderate income households, as defined in ORS 456.270, and in which all of the units are subject to an affordable housing covenant, as described in ORS 456.270 to 456.295, for a term of no less than 30 years.

�� (2) On or before November 15, 2025, the Housing and Community Services Department shall submit a report to the interim committees of the Legislative Assembly related to housing, in the manner provided by ORS 192.245, that provides recommendations for the manner in which a mixed income housing revolving loan fund may be structured and any necessary statutory authorization needed to create the fund.

�� (3) On or before January 1, 2027, the department shall, by rule, develop and implement lending strategies, within the department�s existing statutory authority to make loans, that can be used to provide permanent long-term financing for residential housing.

�� (4) On or before September 15, 2026, the department shall provide a report to the interim committees of the Legislative Assembly related to housing in the manner provided in ORS 192.245 on the progress of the rulemaking and recommendations for funding the lending strategies described in subsection (3) of this section. [2025 c.537 �1]

�� 456.560 [1971 c.505 �2; renumbered

ORS 459A.914

459A.914, adequate to hold the reasonably anticipated volume of each material;

�� (b) Regular collection service of the source separated recyclable materials; and

�� (c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.

�� (2) As used in this section, �recyclable material� and �source separate� have the meaning given those terms in ORS 459.005. [1991 c.385 �16; 2021 c.681 �57]

�� 90.320 Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. (1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

�� (a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

�� (b) Plumbing facilities that conform to applicable law in effect at the time of installation and are maintained in good working order;

�� (c) A water supply approved under applicable law that is:

�� (A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

�� (B) Furnished to appropriate fixtures;

�� (C) Connected to a sewage disposal system approved under applicable law; and

�� (D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

�� (d) Adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order;

�� (e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and is maintained in good working order;

�� (f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

�� (h) Floors, walls, ceilings, stairways and railings maintained in good repair;

�� (i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

�� (j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant�s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (1);

�� (k) A carbon monoxide alarm, and the dwelling unit:

�� (A) Contains a carbon monoxide source; or

�� (B) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft;

�� (L) Working locks for all dwelling entrance doors and latches for all windows, by which access may be had to the dwelling unit;

�� (m) A means of unlocking locks under paragraph (L) of this subsection, including access control systems operated by a software application operated on a tenant�s mobile phone or other electronic device, provided that the landlord also offers the tenant at least one alternative means of access, including an access code or a fob, key card or other tangible key; or

�� (n) For a dwelling unit in a building where building permits for its construction were issued on or after April 1, 2024, adequate cooling facilities that:

�� (A) Provide cooling in at least one room of the dwelling unit, not including a bathroom;

�� (B) Conform to applicable law at the time of installation and are maintained in good working order; and

�� (C) May include central air conditioning, an air-source or ground-source heat pump or a portable air conditioning device that is provided by the landlord.

�� (2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

�� (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

�� (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

�� (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

�� (3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility are governed by ORS 90.730 and not by this section. [Formerly 91.770; 1993 c.369 �6; 1995 c.559 �15; 1997 c.249 �32; 1997 c.577 �17; 1999 c.307 �20; 1999 c.676 �11; 2009 c.591 �12; 2013 c.294 �9; 2022 c.86 �11; 2025 c.127 �1]

�� 90.321 Testing of drinking water in ground water quality management area; report to tenants and Oregon Health Authority; rules; limits on data use. (1) As used in this section:

�� (a) �Contaminants� includes arsenic, coliform bacteria, lead and nitrates.

�� (b) �Exempt well� means a well used for purposes exempt under ORS 537.545 (1)(b) or (d).

�� (2) If a dwelling unit has an exempt well or wells as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150, the landlord shall collect and test samples of drinking water for the unit.

�� (3) A landlord shall ensure that each source for which drinking water is collected under subsection (5)(a) of this section is tested as follows:

�� (a) The water must be tested for arsenic no later than 30 days after installing the exempt well.

�� (b) Except as provided in subsection (4) of this section, the drinking water must be tested for each contaminant at least once each year.

�� (4) Following a test that indicates that the drinking water does not contain contaminants that exceed the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord is not required to test drinking water for contaminants for four years, if the test is:

�� (a) The first test conducted for the dwelling unit;

�� (b) The first test conducted after an extension allowed under this subsection; or

�� (c) The second successful annual test conducted over two consecutive years following a failed test.

�� (5) A landlord subject to this section:

�� (a) Shall collect samples of water from a dwelling unit�s primary faucet used for drinking and cooking water and may collect supplementary samples of water from a dwelling unit�s other faucets of drinking water or from a dwelling unit�s wellhead;

�� (b) May delegate the landlord�s duty to collect samples of drinking water under paragraph (a) of this subsection to a tenant if the landlord and the tenant agree to the delegation in writing and the agreement is made in good faith and for adequate consideration; and

�� (c) Shall, when submitting samples of drinking water collected under this section to a laboratory for testing:

�� (A) Inform the laboratory that the testing is required pursuant to this section; and

�� (B) Request that the laboratory report the results of the test to the Oregon Health Authority.

�� (6) A laboratory conducting a test pursuant to this section:

�� (a) Must be accredited under the environmental laboratory accreditation program established under ORS 438.615;

�� (b) Shall electronically report the results of the test to the authority in a form and manner prescribed by the authority, which may include reporting of the results through electronic mail using a spreadsheet; and

�� (c) Shall send the full laboratory report to the landlord, and to the tenant if requested by the landlord, in a form showing the absence or presence of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (7) Each time the landlord has drinking water tested for a contaminant under this section, the landlord shall provide the results of the test to the tenant within 30 days after receiving the results in a form:

�� (a) As provided to the landlord under subsection (6)(c) of this section; or

�� (b) Showing only the tests performed and whether the dwelling unit passed or failed each test and notifying the tenant that the tenant may obtain or inspect the full laboratory report upon request. This form must be substantially in the format adopted by the authority under subsection (10)(a) of this section.

�� (8) Prior to entering into a rental agreement for a dwelling unit for which a landlord must collect and test drinking water under this section, the landlord must provide to the tenant written notice providing:

�� (a) That the dwelling unit has an exempt well as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150;

�� (b) The dates and the results of the most recent test for each contaminant, in a form described in subsection (7) of this section, or a statement that the contaminant has not yet been tested for; and

�� (c) The latest date by which the next test for each contaminant must be conducted.

�� (9) If the results of a test conducted under this section indicate that the drinking water collected under this section contains any amount of coliform bacteria or an amount of other contaminants that exceeds the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord shall, as soon as practicable:

�� (a) Provide the results of the test to the tenant as required under subsection (7) of this section;

�� (b) Provide the tenant with the handout adopted by the authority under subsection (10)(b) of this section; and

�� (c) Thereafter retest the exempt well according to a schedule set by rule by the authority, notwithstanding subsections (3) and (4) of this section.

�� (10) The authority shall adopt rules to implement this section, including rules specifying the content of:

�� (a) A form that a landlord subject to this section must use to provide information described in subsection (7)(b) of this section. The form must include:

�� (A) A section that must be filled out by the landlord to indicate, in plain language, whether the dwelling unit passed or failed each test; and

�� (B) A section that may be filled out by the landlord to indicate the absence or presence in the drinking water of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (b) A handout providing information on testing drinking water for contaminants and the impact that drinking water that contains contaminants can have on a person�s health.

�� (11) This section does not apply to a dwelling unit that is part of a premises subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, as described in ORS 448.119.

�� (12) Information received by the authority under this section may only be used as provided in this section and for the benefit of the landlord, tenant or applicant of the dwelling unit. Any records collected or created by the authority under this section must note that the data has not been controlled for quality and may not be used for determining location-specific ground water quality. [2025 c.574 �2; 2025 c.574 �2a]

�� Note: 90.321 becomes operative January 1, 2027. See section 4, chapter 574, Oregon Laws 2025.

�� Note: Section 3, chapter 574, Oregon Laws 2025, provides:

�� Sec. 3. Before June 1, 2027, and notwithstanding section 2 (3)(b) of this 2025 Act [90.321 (3)(b)], for each dwelling unit that is subject to section 2 (2) of this 2025 Act on the operative date specified in section 4 of this 2025 Act [January 1, 2027], the landlord shall sample and test for all contaminants as described in section 2 (5) of this 2025 Act. [2025 c.574 �3]

�� Note: 90.321 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.322 Landlord or agent access to premises; remedies. (1) A landlord or, to the extent provided in this section, a landlord�s agent may enter into the tenant�s dwelling unit or any portion of the premises under the tenant�s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord�s agent is limited as follows:

�� (a) A landlord or landlord�s agent may enter upon the premises under the tenant�s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

�� (b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant�s exclusive control without consent of the tenant, without notice to the tenant and at any time. �Emergency� includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant�s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

�� (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord�s agent, without further notice, may enter upon demand, in the tenant�s absence or without the tenant�s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant�s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant�s written request expires after seven days, unless the repairs are in progress and the landlord or landlord�s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

�� (d) A landlord and tenant may agree that the landlord or the landlord�s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:

�� (A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;

�� (B) Is reflected in a writing separate from the rental agreement and signed by both parties; and

�� (C) Is supported by separate consideration recited in the agreement.

�� (e)(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:

�� (i) A landlord and tenant may agree that the landlord or landlord�s agent may enter for that purpose upon the premises under the tenant�s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

�� (ii) A tenant may deny consent for a landlord or landlord�s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord�s agent prior to, or at the time of, the attempted entry.

�� (B) As used in this paragraph:

�� (i) �Yard maintenance or grounds keeping� includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.

�� (ii) �Unreasonable time� refers to a time of day, day of the week or particular time that conflicts with the tenant�s reasonable and specific plans to use the premises.

�� (f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours� actual notice of the intent of the landlord to enter and the landlord or landlord�s agent may enter only at reasonable times. The landlord or landlord�s agent may not enter if the tenant, after receiving the landlord�s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord�s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord�s agent to enter.

�� (2) A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.

�� (3) This section does not apply to tenancies consisting of a rental of space in a facility for a manufactured dwelling or floating home under ORS 90.505 to 90.850.

�� (4) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.850 because the space is not in a facility, this section shall allow access only to the rented space and not to the dwelling or home.

�� (5) A landlord has no other right of access except:

�� (a) Pursuant to court order;

�� (b) As permitted by ORS 90.410 (2); or

�� (c) When the tenant has abandoned or relinquished the premises.

�� (6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant�s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure.

�� (7) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 and take possession as provided in ORS 105.100 to 105.168. In addition, the landlord may recover actual damages.

�� (8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover actual damages not less than an amount equal to one week�s rent in the case of a week-to-week tenancy or one month�s rent in all other cases. [Formerly 90.335; 1997 c.577 �18; 1999 c.603 �19; 1999 c.676 �12; 2005 c.391 �20]

�� 90.323 Maximum rent increase; exceptions; notice. (1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.

�� (2) During any tenancy other than week-to-week, the landlord may not increase the rent:

�� (a) During the first year after the tenancy begins.

�� (b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.

�� (c) More than once in any 12-month period.

�� (d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (1).

�� (3) The notices required under this section must specify:

�� (a) The amount of the rent increase;

�� (b) The amount of the new rent;

�� (c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and

�� (d) The date on which the increase becomes effective.

�� (4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS

ORS 460.005

460.005 to 460.175. [1961 c.427 �17; 1973 c.528 �13]

�� 460.145 Restraining violations. When it appears to the Department of Consumer and Business Services that a person subject to ORS 460.005 to 460.175 is engaged or about to engage in an act or practice which constitutes a violation of ORS 460.005 to 460.175 or rules issued thereunder, the department may, without bond, obtain an order from an appropriate circuit court restraining or enjoining such act or practice. [1961 c.427 �18; 1973 c.528 �14]

�� 460.155 Appeals from adverse rulings of department. (1) The Department of Consumer and Business Services shall hear the appeal of an appellant:

�� (a) Who has filed a written request:

�� (A) Within 10 days of receiving written notice that an injunction will be sought; or

�� (B) Within 30 days after receiving notice that a permit or certificate of competency will be canceled, revoked or suspended; or

�� (b) Who is affected by a notice described in paragraph (a) of this subsection.

�� (2) If there is a timely appeal, the injunction will not be sought or the permit or certificate of competency will not be canceled, suspended or revoked pending the appeal unless the reason for the injunction, cancellation, suspension or revocation constitutes an immediate menace to health or safety.

�� (3) The department shall likewise hear the appeal of an appellant who has filed a written request and who has reason to desire a change in the minimum safety standards or the rules under ORS 460.005 to 460.175, or has been denied a permit under ORS 460.055 or a certificate of competency.

�� (4) The department shall set the time and place for hearing and give the appellant 10 days� written notice.

�� (5) All appeals shall be heard within three months of receipt of the request, except that if immediate menace to health or safety is involved the appeal shall be heard within 20 days of receipt of the request.

�� (6)(a) Two or more appeals may be consolidated for hearing, if based upon substantially the same facts.

�� (b) The department and the appellant may subpoena witnesses who shall receive the same compensation and mileage pay as circuit court witnesses.

�� (c) The appeal shall be heard by the department before the Electrical and Elevator Board.

�� (d) A written record shall be kept.

�� (e) The department shall determine the appeal after consultation with and giving consideration to the views of the board.

�� (7) Judicial review of any final order or decision of the department shall be taken pursuant to the provisions of ORS chapter 183. [1961 c.427 �24; 1963 c.330 �9; 1973 c.528 �15; 2005 c.758 �28]

�� 460.165 Fees; failure to pay fee. (1) Subject to ORS 460.035 (1) and 460.085 (1), the Department of Consumer and Business Services may collect the following fees:

�� (a) For each year of an elevator contractor�s license for each place of business operated by the applicant, $195.

�� (b) For the submission of plans and other pertinent data when required, for each elevator, $78.

�� (c) For each year of an inspection period for an operating permit:

�� (A) A dumbwaiter, sidewalk elevator, residential elevator, residential inclinator or subveyor, $60.

�� (B) An escalator, lowerator, manlift, stagelift, inclined elevator, platform hoist or moving walk, $98.

�� (C) A power-driven elevator with a four floor rise or under, $88.

�� (D) A power-driven elevator with over a four floor rise, but under a 10-floor rise, $108.

�� (E) A power-driven elevator with a 10-floor rise or over, but under a 20-floor rise, $134.

�� (F) A power-driven elevator with a 20-floor rise or over, $157.

�� (d) For a reinspection, $75.

�� (e) For special inspections of hoisting or lowering mechanisms other than elevators, or for inspections, testing, consultations, site visits or other services for which no fee is otherwise specified, $75 per hour for travel and inspection time.

�� (f) For an elevator installation permit, if the total cost of the installation or alteration is:

�� (A) $1,000 or under, $98.

�� (B) Over $1,000 but under $15,000, $98 plus $13 for each $1,000 or fraction of $1,000 by which the cost exceeds $1,000.

�� (C) $15,000 or over but under $50,000, $280 plus $8 for each $1,000 or fraction of $1,000 by which the cost exceeds $15,000.

�� (D) $50,000 or over, $553 plus $3 for each $1,000 or fraction of $1,000 by which the cost exceeds $50,000.

�� (2) If an owner or user of any elevator equipment fails to pay a fee required under this section within 90 days after the billing date, the department may consider the fee delinquent and double the amount of the fee. [1961 c.427 �20; 1973 c.832 �5; 1977 c.874 �1; 1981 c.566 �1; 1981 c.897 �52; 1991 c.201 �2; 1995 c.696 �21; 2003 c.14 �293; 2005 c.616 �7; 2007 c.71 �143; 2009 c.696 �10]

�� 460.175 Disposition of fees. All receipts from fees, charges, costs and expenses provided for in ORS 460.005 to 460.175 shall be collected by the Department of Consumer and Business Services and paid into the Consumer and Business Services Fund created by ORS

ORS 460.175

460.175. The department is not required to inspect an elevator if the department is notified in writing, by the employer of a certified elevator inspector, that inspection will be made by the certified inspector and a copy of the inspection report is filed with the department within 30 days of the date the elevator is due for inspection.

�� (b) Periodically check the authenticity, appropriateness and expiration date of elevator operating permits.

�� (c) Review with the Electrical and Elevator Board any appeals from the decisions of the inspectors.

�� (d) To the extent necessary to ensure safety, perform inspections and witness safety tests of new or altered elevators before the elevators are placed in service.

�� (2) Inspection reports provided to owners, users or other affected parties shall contain a notification of the right of appeal as provided in ORS 460.155.

�� (3) If the department finds that an elevator is not being operated in compliance with ORS

ORS 460.990

460.990�� Penalties

ELEVATORS

�� 460.005 Definitions for ORS 460.005 to 460.175. As used in ORS 460.005 to 460.175, unless the context requires otherwise:

�� (1) �Alteration� means a change or addition to equipment, other than the ordinary repair or replacement of an existing part of the equipment.

�� (2) �Certified elevator inspector� means an employee or representative of a casualty insurance company or companies who has passed the required examination and has been issued a certificate of competency as an elevator inspector by the Department of Consumer and Business Services.

�� (3) �Elevator� means a hoisting and lowering mechanism equipped with a car or platform that moves in guides, and that serves two or more landings, and includes but is not limited to dumbwaiters, escalators, manlifts, platform hoists, vertical parking units for motor vehicles and moving walks.

�� (4) �Elevator contractor license� means an authorization issued by the department under ORS

ORS 465.609

465.609.

�� (e) A receiver appointed under ORS 37.020 to 37.410.

�� (4) Notwithstanding the exclusions from liability provided for specified persons in subsections (2) and (3) of this section such persons shall be liable for remedial action costs incurred by the state or any other person that are attributable to or associated with a facility, and for damages for injury to or destruction of any natural resources caused by a release, to the extent that the person�s acts or omissions contribute to such costs or damages, if the person:

�� (a) Obtained actual knowledge of the release and then failed to promptly notify the Department of Environmental Quality and exercise due care with respect to the hazardous substance concerned, taking into consideration the characteristics of the hazardous substance in light of all relevant facts and circumstances; or

�� (b) Failed to take reasonable precautions against the reasonably foreseeable acts or omissions of a third party and the reasonably foreseeable consequences of such acts or omissions.

�� (5)(a) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from any person who may be liable under this section, to any other person, the liability imposed under this section. Nothing in this section shall bar any agreement to insure, hold harmless or indemnify a party to such agreement for any liability under this section.

�� (b) A person who is liable under this section shall not be barred from seeking contribution from any other person for liability under ORS 465.200 to 465.485 and 465.900.

�� (c) Nothing in ORS 465.200 to 465.485 and 465.900 shall bar a cause of action that a person liable under this section or a guarantor has or would have by reason of subrogation or otherwise against any person.

�� (d) Nothing in this section shall restrict any right that the state or any person might have under federal statute, common law or other state statute to recover remedial action costs or to seek any other relief related to a release.

�� (6) To establish, for purposes of subsection (1)(b) of this section or subsection (2)(a) of this section, that the person did or did not have reason to know, the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability.

�� (7)(a) Except as provided in paragraph (b) of this subsection, no person shall be liable under ORS 465.200 to 465.485 and 465.900 for costs or damages as a result of actions taken or omitted in the course of rendering care, assistance or advice in accordance with rules adopted under ORS 465.400 or at the direction of the department or its authorized representative, with respect to an incident creating a danger to public health, safety, welfare or the environment as a result of any release of a hazardous substance. This paragraph shall not preclude liability for costs or damages as the result of negligence on the part of such person.

�� (b) No state or local government shall be liable under ORS 465.200 to 465.485 and 465.900 for costs or damages as a result of actions taken in response to an emergency created by the release of a hazardous substance generated by or from a facility owned by another person. This paragraph shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the state or local government. For the purpose of this paragraph, reckless, willful or wanton misconduct shall constitute gross negligence.

�� (c) This subsection shall not alter the liability of any person covered by subsection (1) of this section. [Formerly 466.567; 1991 c.680 �9; 1991 c.692 �1; 2015 c.631 �9; 2017 c.358 �44]

�� 465.257 Right of contribution from other person liable for remedial action costs; allocation of orphan share. (1) Any person who is liable or potentially liable under ORS 465.255 may seek contribution from any other person who is liable or potentially liable under ORS 465.255. When such a claim for contribution is at trial and the court determines that apportionment of recoverable costs among the liable parties is appropriate, the share of the remedial action costs that is to be borne by each party shall be determined by the court, using such equitable factors as the court deems appropriate, including but not limited to the following:

�� (a) The amount of hazardous substances contributed to the facility;

�� (b) The degree of toxicity or hazard posed by the hazardous substances to public health, safety and welfare, and to the environment;

�� (c) The degree of involvement in the release of the hazardous substance by the liable persons;

�� (d) The relative culpability or negligence of the liable persons;

�� (e) The degree of cooperation by the liable persons with the government or with persons who have a financial interest in the facility;

�� (f) The extent of the participation by the liable person in response actions at the facility;

�� (g) The length of time the facility was owned or operated by the liable person during the time the release occurred;

�� (h) Whether the acts or omissions that resulted in a release were in material compliance with applicable laws, standards, regulations, licenses or permits;

�� (i) The economic benefit derived from the facility or from the acts or omissions that resulted in a release;

�� (j) The circumstances and conditions involved in the facility�s conveyance, including the price paid and any discounts granted; and

�� (k) The quality of evidence concerning liability and equitable shares.

�� (2) At the time of trial, if a person who is otherwise liable under ORS 465.255 is no longer subject to a judgment due to bankruptcy, dissolution or death (an orphan share), the court may, in its discretion, allocate that person�s equitable share to the other liable persons in proportion to their equitable shares or on any other equitable basis taking into consideration any relationship between the orphan share�s liable person and each other liable person. [1995 c.662 �5]

�� Note: 465.257 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 465.260 Removal or remedial action; reimbursement of costs; liability; damages. (1) The Director of the Department of Environmental Quality may undertake any removal or remedial action necessary to protect the public health, safety, welfare and the environment.

�� (2) The director may authorize any person to carry out any removal or remedial action in accordance with any requirements of or directions from the director, if the director determines that the person will commence and complete removal or remedial action properly and in a timely manner.

�� (3) Nothing in ORS 465.200 to 465.485 and 465.900 shall prevent the director from taking any emergency removal or remedial action necessary to protect public health, safety, welfare or the environment.

�� (4) The director may require a person liable under ORS 465.255 to conduct any removal or remedial action or related actions necessary to protect the public health, safety, welfare and the environment. The director�s action under this subsection may include but need not be limited to issuing an order specifying the removal or remedial action the person must take.

�� (5) The director may request the Attorney General to bring an action or proceeding for legal or equitable relief, in the circuit court of the county in which the facility is located or in Marion County, as may be necessary:

�� (a) To enforce an order issued under subsection (4) of this section; or

�� (b) To abate any imminent and substantial danger to the public health, safety, welfare or the environment related to a release.

�� (6) Notwithstanding any provision of ORS chapter 183, and except as provided in subsection (7) of this section, any order issued by the director under subsection (4) of this section shall not be appealable to the Environmental Quality Commission or subject to judicial review.

�� (7)(a) Any person who receives and complies with the terms of an order issued under subsection (4) of this section may, within 60 days after completion of the required action, petition the director for reimbursement from the fund for the reasonable costs of such action.

�� (b) If the director refuses to grant all or part of the reimbursement, the petitioner may, within 30 days of receipt of the director�s refusal, file an action against the director seeking reimbursement from the fund in the circuit court of the county in which the facility is located or in the Circuit Court of Marion County. To obtain reimbursement, the petitioner must establish by a preponderance of the evidence that the petitioner is not liable under ORS 465.255 and that costs for which the petitioner seeks reimbursement are reasonable in light of the action required by the relevant order. A petitioner who is liable under ORS 465.255 may also recover reasonable remedial action costs to the extent that the petitioner can demonstrate that the director�s decision in selecting the removal or remedial action ordered was arbitrary and capricious or otherwise not in accordance with law.

�� (8) If any person who is liable under ORS 465.255 fails without sufficient cause to conduct a removal or remedial action as required by an order of the director, the person shall be liable to the department for the state�s remedial action costs and for punitive damages not to exceed three times the amount of the state�s remedial action costs.

�� (9) Nothing in this section is intended to interfere with, limit or abridge the authority of the State Fire Marshal or any other state agency or local unit of government relating to an emergency that presents a combustion or explosion hazard. [Formerly

ORS 468.185

468.185 (1), the Department of Revenue immediately shall collect any taxes due by reason of such revocation, and shall have the benefit of all laws of this state pertaining to the collection of income and excise taxes. No assessment of such taxes shall be necessary and no statute of limitation shall preclude the collection of such taxes.

�� (2) No tax relief shall be allowed under ORS 307.405 or 315.304 for any pollution control facility constructed or used by or for the benefit of any governmental or quasi-governmental body or public corporation or form thereof, except where such facilities are used for resource recovery. [1967 c.592 ��16,17; 1969 c.493 �83; 1979 c.531 �5]

LOBBYING EXPENDITURES

�� 314.256 Lobbying expenditures; proxy tax; rules. (1) If a tax is imposed upon an organization under section 6033(e) of the Internal Revenue Code (proxy tax on lobbying expenditures) for any tax year, a like tax is imposed for the tax year upon the same amount as taxed for federal tax purposes, as allocated or apportioned to Oregon. The rate of the tax shall be the rate specified in ORS 317.061. The tax shall be assessed and collected under the applicable provisions of this chapter and ORS chapter 305.

�� (2) Any organization that is required to include on a federal return the information described in section 6033(e)(1) of the Internal Revenue Code shall file a copy of the federal return containing the information with the Department of Revenue.

�� (3) The department may determine by rule the method by which the tax described in subsection (1) of this section is allocated and apportioned to Oregon.

�� (4) If section 6033(e) of the Internal Revenue Code (relating to the proxy tax on lobbying expenditures) is repealed or otherwise eliminated by Act of the United States, this section is repealed as of the applicable date of the repeal or elimination of the proxy tax under section 6033(e) of the Internal Revenue Code. [1995 c.556 �37; 1997 c.839 �49]

�� 314.257 [1995 c.556 �46; repealed by 1997 c.839 �69]

CONVEYANCE OF REAL ESTATE

�� 314.258 Withholding in certain conveyances of real estate; rules. (1) As used in this section:

�� (a) �Authorized agent� means an agent who is responsible for closing and settlement services in a conveyance.

�� (b) �Closing and settlement services� means services that are provided by:

�� (A) A licensed escrow agent in a real estate closing escrow as provided in ORS 696.505 to

ORS 468B.035

468B.035, 468B.050, 468B.195, 537.090 or 537.535 or any other applicable state or federal environmental laws.

�� (4) The State Geologist shall incorporate into the permit requirements:

�� (a) Any conditions made by the Water Resources Director necessary to comply with the purposes set forth in ORS 537.525; and

�� (b) Any conditions made by the Department of Environmental Quality necessary to comply with the purposes set forth in ORS 468A.010 and 468B.015. [1975 c.552 �7; 1981 c.694 �6; 1991 c.526 �4; 2009 c.794 �13; 2020 s.s.2 c.4 �10]

�� 522.140 [1971 c.776 �6; 1973 c.388 �4; repealed by 1975 c.552 �55]

�� 522.145 Bond or security; conditions; cancellation. (1)(a) The State Department of Geology and Mineral Industries may not issue a permit for a geothermal well until the applicant has provided a bond or alternative form of financial security as specified in rules adopted by the governing board of the State Department of Geology and Mineral Industries.

�� (b) The amount of the bond or alternative form of financial security may not be less than $25,000 for each well or not less than $150,000 for all wells to be drilled.

�� (2) The bond or alternative form of financial security must be conditioned upon compliance with the requirements of this chapter and rules adopted and orders issued pursuant to this chapter and must secure the state against all losses, charges and expenses, including court costs and attorney fees, incurred by the state in obtaining such compliance.

�� (3) With the consent of the department, any bond or acceptable alternative form of financial security submitted pursuant to this section may be terminated or canceled. However, the department may not consent to the termination or cancellation of any bond or security until each geothermal well covered by such bond or security has been properly and safely plugged and decommissioned pursuant to the plan required by the permit or until another bond or security for each well has been submitted and approved by the department. [1975 c.552 �8; 1977 c.87 �3; 1981 c.694 �7; 1995 c.146 �2; 2009 c.794 �14]

�� 522.150 [1971 c.776 �8; repealed by 1975 c.552 �55]

�� 522.155 Liability for failure to protect ground water and surface water; rules. In addition to any other liability imposed by law, the operator of a geothermal well shall be liable to any person or public agency that sustains damages from failure of the operator to comply with:

�� (1) A condition in a permit requiring the operator to provide for the protection of ground water in the area affected by the well; or

�� (2) Any rules of the governing board of the State Department of Geology and Mineral Industries establishing standards for blowout prevention, equipment and casing design and removal, and any other procedures necessary to shut out detrimental substances from strata containing ground or surface water usable for beneficial purposes. [1975 c.552 �9; 2009 c.794 �15]

�� 522.160 [1971 c.776 �18; repealed by 1975 c.552 �55]

�� 522.165 Request for permit modification; fee. (1) A permittee must make a request to modify a permit before changing the location, number or designation specified for any geothermal well or before undertaking to alter in any manner the casing of a geothermal well.

�� (2) A request to modify a permit under this section, except for changes to a well name, shall be accompanied by the nonrefundable fee specified in ORS 522.115. [1975 c.552 �10; 2009 c.794 �16]

�� 522.170 [1971 c.776 �5; repealed by 1975 c.552 �55]

�� 522.175 Plugging and decommissioning; rules. (1) No person shall abandon a geothermal well without first plugging and decommissioning the well in conformance with a plugging and decommissioning plan approved by the State Department of Geology and Mineral Industries and complying with the provisions of ORS 522.245.

�� (2) The governing board of the department shall adopt rules designed to:

�� (a) Protect underground and surface water usable for beneficial purposes from pollution resulting from infiltration or addition of any detrimental substance;

�� (b) Prevent the escape of all fluids to the surface;

�� (c) Close the surface aperture of the well; and

�� (d) Remove all surface equipment except that necessary to maintain permanent closure of the well. [1975 c.552 �11; 1981 c.694 �8; 2009 c.794 �17]

�� 522.180 [1971 c.776 �19; repealed by 1975 c.552 �55]

�� 522.185 [1975 c.552 �13; repealed by 1981 c.694 �12]

�� 522.190 [1971 c.776 �20; repealed by 1975 c.552 �55]

�� 522.195 Monthly production statement; rules. Except as excluded by rule adopted by the governing board of the State Department of Geology and Mineral Industries, the operator of any completed geothermal well shall file with the department a monthly statement of the geothermal resources production from such well during the preceding calendar month. [1975 c.552 �14]

�� 522.200 [1971 c.776 �28; repealed by 1975 c.552 �55]

�� 522.205 Notice by prospective operator of transfer or purchase of well; application; fee; notice by buyer of land of transfer or purchase; rules. (1) Except as excluded from the provisions of this section by rule of the governing board of the State Department of Geology and Mineral Industries, any prospective operator of a geothermal well shall notify the department in such form as the department may direct of the purchase, assignment, transfer, conveyance or exchange of the well within 45 days of the purchase and shall accompany such notice with an application for transfer of the permit for the particular well. The application must include the transfer fee specified in ORS 522.115.

�� (2) Any buyer of land on which a geothermal well is located shall notify the department of the purchase, assignment, transfer, conveyance or exchange of the land upon which such well is situated within 45 days of such purchase. [1975 c.552 �15; 2009 c.794 �18]

�� 522.210 [1971 c.776 �31; repealed by 1975 c.552 �55]

�� 522.215 Suspension of drilling or operation; application; terms; extension; presumption of abandonment; unlawful abandonment; notice; proceedings against operator. (1) No operator shall suspend drilling or operation of a geothermal well without obtaining permission from the State Department of Geology and Mineral Industries.

�� (2) The department may authorize an operator to suspend for a specific period operations or remove equipment from an uncompleted geothermal well upon such terms as the department may specify, upon written application of the operator and an affidavit showing good cause therefor.

�� (3) Within a period of six months from the ending date specified for such suspension, the operator may make written application for an extension of suspension and file it with an affidavit showing good cause for such an extension. Upon a finding that the extension is merited, the governing board of the department may extend the suspension for an additional specific period.

�� (4) If, after suspension, operations are not resumed by the operator within six months from the ending date specified for the suspension or extension thereof, an intention to abandon and unlawful abandonment shall be presumed.

�� (5) Whenever an operator whose operations have been suspended fails to comply with such terms as the department may specify in its authorization, the geothermal well shall be presumed unlawfully abandoned. A well shall also be deemed unlawfully abandoned, if, without notice to the department, any drilling or producing equipment is removed.

�� (6) An unlawful abandonment shall be declared by order of the board, and written notice thereof shall be mailed by registered mail or by certified mail with return receipt both to such operator at the last-known post-office address of the operator, to the registered agent of the operator, if any, and to the operator�s sureties.

�� (7) After declaration of unlawful abandonment, the board may proceed against the operator and the surety of the operator as provided for in ORS 522.145 and may bring suit pursuant to ORS 522.810 or take any other enforcement or recovery action authorized by law. [1975 c.552 �16; 1981 c.694 �9; 1991 c.249 �39; 2009 c.794 �19]

�� 522.220 [1971 c.776 �21; repealed by 1975 c.552 �55]

�� 522.225 Notice of intent to plug and decommission. (1) Before commencing any operation to discontinue the use of a geothermal well, the operator shall give notice to the State Department of Geology and Mineral Industries of the intention to plug and decommission the well and the date upon which the work will begin.

�� (2) Such notice shall be given at least 24 hours before the commencement of plugging and decommissioning operations and shall indicate:

�� (a) The condition of the well;

�� (b) The proposed method of the plugging and decommissioning operation; and

�� (c) Any additional information that may be required by the department. [1975 c.552 �17; 2009 c.794 �20]

�� 522.230 [1971 c.776 �23; repealed by 1975 c.552 �55]

�� 522.235 [1975 c.552 �18; repealed by 2009 c.794 �27]

�� 522.240 [1971 c.776 �9; repealed by 1975 c.552 �55]

�� 522.245 Department approval of plugging and decommissioning; report by operator; effect of failure to comply; proceedings against operator. (1) A representative of the State Department of Geology and Mineral Industries may be present during any operation to plug and decommission a geothermal well. If the representative determines that the plugging and decommissioning is satisfactory, the representative shall approve the plugging and decommissioning of the well.

�� (2) Within 45 days after the completion of the plugging and decommissioning of any geothermal well, the operator of the well shall make a written report of all work done. Within 45 days after the receipt of the report, the department shall furnish the operator with a written final approval of the plugging and decommissioning or a written disapproval setting forth the conditions upon which the disapproval is based.

�� (3) Failure to plug and decommission in accordance with the approved method, failure to submit to the department any notice or report required by this chapter or failure to furnish the department with any required information shall constitute sufficient grounds for disapproval of the plugging and decommissioning and shall constitute unlawful abandonment of the well.

�� (4) When the department has issued a written disapproval of the plugging and decommissioning, the governing board of the department may proceed against the operator and the surety of the operator as provided for in ORS 522.145 and may bring suit pursuant to ORS 522.810 or take any other enforcement or recovery action authorized by law. [1975 c.552 �19; 1981 c.694 �10; 2009 c.794 �21]

�� 522.250 [1971 c.776 �10; repealed by 1975 c.552 �55]

�� 522.255 Resolution of conflicts between geothermal and water uses. If interference between an existing geothermal well permitted under this chapter and an existing water appropriation permitted under ORS chapter 537 is found by either the State Geologist or the Water Resources Director, the State Geologist and the Water Resources Director shall work cooperatively to resolve the conflict and develop a cooperative management program for the area. In determining what action should be taken, they shall consider the following goals:

�� (1) Achieving the most beneficial use of the water and heat resources;

�� (2) Allowing all existing users of the resources to continue to use those resources to the greatest extent possible; and

�� (3) Insuring that the public interest in efficient use of water and heat resources is protected. [1981 c.589 �8]

�� 522.260 [1971 c.776 �30; repealed by 1975 c.552 �55]

ADMINISTRATION

�� 522.275 Administration by State Geologist. Subject to policy direction by the governing board of the State Department of Geology and Mineral Industries, the State Geologist shall administer this chapter, the rules and orders made pursuant thereto, and supervise the department in carrying out the provisions of this chapter. [1975 c.552 �23]

�� 522.305 Rules. (1) In accordance with the applicable provisions of ORS chapter 183, the governing board of the State Department of Geology and Mineral Industries may adopt rules necessary to implement the provisions of this chapter. This authority includes, but is not limited to, rules relating to:

�� (a) Establishing procedures for the issuance, modification, transfer, denial, suspension and revocation of permits;

�� (b) Establishing procedures for enforcing permit conditions, for enforcing the requirements of this chapter and for enforcing rules adopted to implement the provisions of this chapter; and

�� (c) Establishing civil penalties for violations of this chapter, for violations of rules adopted to implement the provisions of this chapter and for violations of permits and orders issued pursuant to this chapter.

�� (2) Any final determination made by the State Department of Geology and Mineral Industries in carrying out the provisions of this chapter or in rules adopted thereunder may be reviewed in the manner provided by the applicable provisions of ORS chapter 183. [1975 c.552 �22; 2009 c.794 �25]

�� 522.310 [1971 c.776 �24; repealed by 1975 c.552 �55]

�� 522.315 Final order of department; delivery to operator. Whenever the State Department of Geology and Mineral Industries gives any written direction concerning any geothermal well and the operator requests in writing that a final order for purposes of ORS chapter 183 be made, the department shall, within 15 days after receipt of the notice, deliver such final written order to the operator. [1975 c.552 �24]

�� 522.320 [1971 c.776 ��25,26; repealed by 1975 c.552 �55]

�� 522.325 Compliance with final order; appeal. (1) The operator of any geothermal well shall within 15 days from the date of the service of any order, either comply with the order or file with the State Department of Geology and Mineral Industries a written statement that the order is not acceptable, and the reasons therefor, and the statement shall constitute an appeal from such order to the governing board of the department.

�� (2) Any final written order of the board may be appealed in the manner provided in ORS chapter 183 for appeals from final orders in contested cases. [1975 c.552 �25]

�� 522.330 [1971 c.776 �27; repealed by 1975 c.552 �55]

WELL RECORDS

�� 522.355 Records of well; contents; drill cutting and core samples. (1) The operator of any geothermal well shall keep, or cause to be kept, a careful and accurate log, core record and history of the drilling of the well.

�� (2) The log referred to in subsection (1) of this section shall show the character and depth of each formation encountered in the drilling of the well; the amount, size and weight of casing used; and the location, depth and temperature of water-bearing strata, including the temperature, chemical composition and other chemical and physical characteristics of fluid encountered from time to time, so far as determined.

�� (3) The core record referred to in subsection (1) of this section shall show the depth, character and fluid content of cores obtained, so far as determined from the study and analysis thereof.

�� (4) The history referred to in subsection (1) of this section shall show the location and amount of sidetracked casings, tools or other material; the depth and quantity of cement in cement plugs; the shots of dynamite or other explosives used; the results of production and other tests during drilling operations; and completion data.

�� (5) The log referred to in subsections (1) and (2) of this section shall be kept in the local office of the operator and, together with the tour reports of the operator, shall be subject, during business hours, to inspection by the governing board of the State Department of Geology and Mineral Industries, or the department.

�� (6) The operator of any geothermal well shall, in addition to furnishing the log, records, and tests required by this section, collect representative drill cuttings. The operator shall additionally, in the event cores are taken, collect representative core samples. The drill cuttings and core samples shall be filed with the department promptly upon completion or upon its written request, and upon plugging and decommissioning or upon suspension of operations for a period of at least six months. [1975 c.552 �26; 1977 c.87 �4; 2009 c.794 �22]

�� 522.365 Filing record with department; exemption from disclosure. (1) Each operator of any geothermal well or the designated agent of the operator shall file with the State Department of Geology and Mineral Industries a copy of the log, history and core record, or any portion thereof, promptly upon completion, or upon the written request of the department at any time after the commencement of the work of drilling any geothermal well, and upon plugging and decommissioning or upon suspension of operations for a period of at least six months.

�� (2) For a period of four years after the receipt of any log, history, core record, or any portion thereof, such record shall be exempt from disclosure as a trade secret pursuant to ORS 192.345 unless the operator gives approval to release the data. [1975 c.552 �27; 2009 c.794 �23]

UNITIZATION OF GEOTHERMAL RESOURCE AREA

�� 522.405 Unitization; development of unit agreement; rules. (1) When two or more separately owned tracts of land are within an area under which a reservoir is located or reasonably believed to be located, or when there are separately owned interests in all or part of such an area, the governing board of the State Department of Geology and Mineral Industries, upon its own motion may or upon the application of an interested person or state or local governmental governing body, special district or agency, shall review the need for unitization of the area. The board by rule or order may require the development of a unit agreement for the geothermal resource area if it finds:

�� (a) Unitized management, operation and development of the geothermal resources in a reservoir is necessary to increase the ultimate recovery of the resources;

�� (b) The application of unitized methods of operation will prevent waste and aid efficient production and utilization of the resource; or

�� (c) Unitization and the unitized method of operation are in the public interest and reasonably necessary to protect the correlative rights of owners.

�� (2) When the board requires the development of a unit agreement under this section, it shall encourage the development of a voluntary agreement between the affected parties. In the absence of a voluntary agreement, the board shall itself develop or cause to be developed a unit agreement that satisfies the provisions of ORS 273.775, 308A.050 to 308A.128, 522.005, 522.015, 522.405 to 522.545,

ORS 468B.050

468B.050 and subject to State Department of Agriculture rules governing confined animal feeding operations.

�� (3) �Available phosphate� means the sum of the water soluble and citrate soluble phosphate.

�� (4) �Bulk� means a fertilizer, agricultural amendment, agricultural mineral or lime product, or a custom mix, that is distributed in unpackaged form, such as rail cars, closed or open tanks, closed or open trailers, spreader trucks or other types of containers, vehicles or conveyances as determined by the department by rule.

�� (5) �Compost� means a substance derived primarily or entirely from the decomposition of vegetative or animal organic material that is distributed for the purpose of promoting or stimulating plant growth and to which no fertilizer, agricultural amendment, agricultural mineral or lime product is added other than to promote decomposition.

�� (6) �Custom medium� means a custom mix that consists of a horticultural growing medium prepared to the exact specifications of a horticultural grower that plants into the medium and delivers the resulting product to the end user without further distribution.

�� (7) �Custom mix� means a mixture of fertilizer, agricultural amendment, agricultural mineral or lime product, each lot or batch of which is mixed according to the specific instructions of or is prescribed for the special use of the final purchaser.

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

�� (9) �Director� means the Director of Agriculture.

�� (10) �Distribute� means to import, consign, sell, offer for sale, barter, exchange or otherwise facilitate the supplying of fertilizer, agricultural amendment, agricultural mineral or lime products.

�� (11) �Distributor� means a person who distributes fertilizer, agricultural amendment, agricultural mineral or lime products.

�� (12) �Fertilizer�:

�� (a) Means any substance, or any combination or mixture of substances, that is designed for use primarily as a source of plant food, in inducing increased crop yields or plant growth, or producing any physical, microbial or chemical change in the soil, and that contains five percent or more of total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O), singly, collectively or in combination.

�� (b) Does not mean any of the following:

�� (A) Agricultural amendment products.

�� (B) Agricultural mineral products.

�� (C) Lime products.

�� (D) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis.

�� (E) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B.

�� (F) Reclaimed water or treated effluent regulated under ORS 468B.010 and 468B.015 or rules adopted under ORS 468.020.

�� (13) �Grade� means the minimum percentage claimed for total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O) stated in the same terms, order and percentages as the guaranteed analysis.

�� (14) �Guaranteed analysis� means the minimum percentage of the following claimed to be present in a product:

�� (a) Primary nutrients;

�� (b) Secondary nutrients;

�� (c) Micronutrients;

�� (d) Neutralizing capacity; or

�� (e) Substances claimed to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil.

�� (15) �Horticultural growing medium� means any substance or mix of substances that is promoted or intended to function as artificial soil for the managed growth of horticultural crops.

�� (16) �Label� means all written, printed or graphic matter on the immediate container or on a separate document accompanying any fertilizer, agricultural amendment, agricultural mineral or lime product.

�� (17) �Labeling� means a printed or verbal representation used to promote the distribution of any fertilizer, agricultural amendment, agricultural mineral or lime product, including but not limited to a representation by means of:

�� (a) Brochures;

�� (b) Posters;

�� (c) Internet;

�� (d) Television; and

�� (e) Radio.

�� (18) �Lime� means any substance or mixture of substances having calcium or magnesium compounds capable of neutralizing soil acidity.

�� (19) �Lime score� means a numerical expression of the quality of lime, as determined by the department by rule.

�� (20) �Manufacture� means to compound, produce, granulate, mix, blend, repackage or otherwise alter the composition of fertilizer, agricultural amendment, agricultural mineral or lime product.

�� (21) �Micronutrient� means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na) or zinc (Zn).

�� (22) �Official sample� means any representative sample of product taken by the department or a representative of the department and designated as official.

�� (23) �Package� means any closed container, regardless of size, other than the receptacle of a bulk product.

�� (24) �Percent� or �percentage� means percentage by weight.

�� (25) �Phosphate� means the amount of pentavalent phosphorus present in the material calculated as phosphorus pentoxide (P2O5) and expressed as available phosphate.

�� (26) �Primary nutrient� means total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O).

�� (27) �Product� means a readily distinguishable, individually labeled substance.

�� (28) �Registrant� means the person who registers a fertilizer, agricultural amendment, agricultural mineral or lime product under ORS 633.362.

�� (29) �Secondary nutrient� means calcium (Ca), magnesium (Mg) or sulfur (S).

�� (30) �Soluble potash� means the portion of potash that is soluble in aqueous ammonium oxalate, aqueous ammonium citrate or water.

�� (31) �Ton� means 2,000 pounds avoirdupois.

�� (32) �Waste-derived product�:

�� (a) Means any of the following:

�� (A) Fertilizer, agricultural amendment, agricultural mineral or lime product derived in whole or in part from hazardous waste as defined in ORS 466.005 or in rules adopted under ORS

ORS 469.233

469.233, the Director of the State Department of Energy may adopt rules to update the minimum energy efficiency standards specified in ORS 469.233 if the director determines that the standards need to be updated:

�� (A) To promote energy conservation in the state;

�� (B) To achieve cost-effectiveness for consumers; or

�� (C) Due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.

�� (b)(A) In addition to the rules adopted under paragraph (a) of this subsection, the director may postpone by rule the operative date of any of the minimum energy efficiency standards specified in ORS 469.233 if the director determines that:

�� (i) Adjoining states with similar minimum energy efficiency standards have postponed the operative date of their corresponding minimum energy efficiency standards; or

�� (ii) Failure to modify the operative date of any of the minimum energy efficiency standards would impose a substantial hardship on manufacturers, retailers or the public.

�� (B)(i) The director may not postpone the operative date of a minimum energy efficiency standard under subparagraph (A) of this paragraph for more than one year.

�� (ii) If at the end of the first postponement period the director determines that adjoining states have further postponed the operative date of minimum energy efficiency standards and the requirements of subparagraph (A) of this paragraph continue to be met, the director may postpone the operative date for not more than one additional year.

�� (c) After the review pursuant to subsection (1) of this section, the director may adopt rules to establish new minimum energy efficiency standards if the director determines that new standards are needed:

�� (A) To promote energy conservation in the state;

�� (B) To achieve cost-effectiveness for consumers; or

�� (C) Due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.

�� (d) If the director adopts rules under paragraph (a) of this subsection to update the minimum energy efficiency standards specified in ORS 469.233 or under paragraph (c) of this subsection to establish new minimum energy efficiency standards:

�� (A) The rules may not take effect until one year following their adoption by the director; and

�� (B) The Governor shall cause to be introduced at the next Legislative Assembly a bill to conform the statutory minimum energy efficiency standards to the minimum energy efficiency standards adopted by the director by rule.

�� (3) Notwithstanding ORS 469.229 and 469.233 and the requirements of subsection (2) of this section, and after consultation with the appropriate advisory boards to the Department of Consumer and Business Services, the director may adopt rules to update the minimum energy efficiency standards or test methods specified in ORS 469.233 to a more recent version, including any product definitions associated with the standard or test method, if the director determines that the standard or test method needs to be updated to maintain or improve consistency with other comparable standards in other states. Rules adopted under this subsection shall take effect on or after the effective date of a similar standard or test method adopted by another state.

�� (4) If the director determines that implementation of a state minimum energy efficiency standard requires a waiver of federal preemption, the director shall apply for a waiver of federal preemption pursuant to 42 U.S.C. 6297(d). [2005 c.437 �8; 2007 c.375 �7; 2007 c.649 �6a; 2021 c.108 �6]

�� Note: See note under 469.229.

�� 469.262 [1989 c.926 �24; repealed by 1999 c.880 �2]

�� 469.267 [1989 c.926 �26; 1993 c.617 �9; repealed by 1999 c.880 �2]

�� 469.269 [1989 c.926 �27; 1993 c.617 �10; repealed by 1999 c.880 �2]

�� 469.270 [1989 c.926 �28; 1991 c.67 �139; repealed by 1993 c.617 �29]

�� 469.274 [1989 c.926 ��31,32; 1991 c.641 �7; 1993 c.617 �11; repealed by 1999 c.880 �2]

ENERGY PERFORMANCE STANDARDS FOR COVERED COMMERCIAL BUILDINGS

�� 469.275 Definitions for ORS 469.275 to 469.291. As used in ORS 469.275 to 469.291:

�� (1)(a) �Agricultural building� means a structure that is used for:

�� (A) Storing, maintaining or repairing farm or forestry machinery and equipment;

�� (B) Raising, harvesting and selling crops or forest products;

�� (C) Feeding, breeding, managing and selling livestock, poultry, fur-bearing animals or honeybees or the produce of livestock, poultry, fur-bearing animals or honeybees;

�� (D) Dairying and selling dairy products; or

�� (E) Any other agricultural, forestry or horticultural use or animal husbandry, or any combination of agricultural, horticultural or animal husbandry uses, including preparing and storing produce raised on the farm for human use and animal use, preparing, processing and storing agricultural and forestry products and goods and disposing, by marketing or otherwise, of farm produce or forest products.

�� (b) �Agricultural building� does not include:

�� (A) A dwelling;

�� (B) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;

�� (C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;

�� (D) A structure used by the public; or

�� (E) A structure that is subject to the National Flood Insurance Act of 1968 (42 U.S.C 4001 to 4127), as amended, and regulations promulgated under that Act.

�� (2) �Conditional compliance� means a temporary method that a building owner can use to demonstrate that the building owner has implemented required energy use reduction strategies when the building owner cannot demonstrate full compliance with a required energy use intensity target.

�� (3) �Covered commercial building� means a tier 1 building or a tier 2 building.

�� (4) �Eligible building owner� means:

�� (a) An owner of a tier 1 building that must comply with the standard established in ORS 469.277; or

�� (b) An owner of a tier 2 building.

�� (5) �Energy� means:

�� (a) Electricity, including electricity that is delivered through the electric grid and electricity that is generated at a building site using solar or wind energy resources;

�� (b) Natural gas;

�� (c) Steam, hot water or chilled water used for heating or cooling;

�� (d) Propane;

�� (e) Fuel oil;

�� (f) Wood;

�� (g) Coal; or

�� (h) Any other fuel that meets a covered commercial building�s energy load.

�� (6) �Energy use intensity� means a measurement that weather normalizes a building�s site energy use relative to the building�s size, calculated by dividing the total net energy the building consumes in one year by the building�s gross floor area, excluding any parking garage, and that is reported in thousands of British thermal units per square foot per year.

�� (7) �Energy use intensity target� means a net energy use intensity that complies with the standard set forth in ORS 469.277.

�� (8) �Greenhouse gas� has the meaning given that term in ORS 468A.210.

�� (9)(a) �Gross floor area� means the total number of square feet of a building, measured from the exterior surfaces of a building�s fixed enclosing walls, including all floor space used as offices, lobbies, restrooms, equipment storage areas, mechanical rooms, break rooms and elevator shafts.

�� (b) �Gross floor area� does not include bays or docks outside the building.

�� (10) �Net energy use� means the sum of metered and bulk fuel energy that enters a building, minus the sum of metered energy that leaves the building.

�� (11) �Savings to investment ratio� means the ratio of the total present value of savings to the total present value of costs to implement an energy conservation measure or water conservation measure, in which the numerator of the ratio is the present value of net savings in energy or water or in maintenance costs not related to fuel use or water use that are attributable to the energy conservation measure or water conservation measure and the denominator of the ratio is the present value of the net increase in investment and replacement costs, less the salvage value, of the energy conservation or water conservation measure.

�� (12) �Semiheated space� means an enclosed space within a covered commercial building that is heated by a heating system with an output the Department of Consumer and Business Services specifies in an applicable specialty code.

�� (13) �Tier 1 building� means a building in which the sum of gross floor area for hotel, motel and nonresidential use equals or exceeds 35,000 square feet, excluding any parking garage.

�� (14)(a) �Tier 2 building� means:

�� (A) A building with gross floor area, excluding any parking garage, that equals or exceeds 35,000 square feet and that is used as a multifamily residential building, a hospital, a school, a dormitory or a university building; or

�� (B) A building in which the sum of gross floor area for hotel, motel and nonresidential use exceeds 20,000 square feet but does not exceed 35,000 square feet, excluding any parking garage.

�� (b) �Tier 2 building� does not include a covered commercial building that is classified as a tier 1 building.

�� (15) �Unconditioned space� means an enclosed space within a covered commercial building that is not:

�� (a) Heated by a heating system or cooled by a cooling system with output capacities the Department of Consumer and Business Services specifies in an applicable specialty code; or

�� (b) Indirectly heated or cooled in accordance with standards the department specifies in an applicable specialty code.

�� (16) �Weather normalized� means a method for modifying a building�s energy use intensity in a specific year to account for deviations from the building�s energy use intensity as the energy use intensity ordinarily occurs during a year in which the weather does not fluctuate substantially or vary as a consequence of extreme weather events. [2023 c.442 �8]

�� Note: 469.275 to 469.291 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.276 [1989 c.926 �33; repealed by 1999 c.880 �2]

�� 469.277 Department adoption of performance standards; enforcement; rules. (1)(a) Not later than December 31, 2024, the State Department of Energy, in consultation with the Department of Consumer and Business Services, shall adopt rules that use the American National Standards Institute�s standards for Energy Efficiency in Existing Buildings (ANSI/ASHRAE/IES Standard 100) as an initial model for specifying an energy performance standard for covered commercial buildings. In rulemaking proceedings to adopt or update rules under this paragraph, the State Department of Energy shall disclose the sources of information, including the model described in this paragraph and any peer-reviewed science, that the department relies on in developing or updating the energy performance standard. The department shall update the energy performance standard not later than July 1, 2029, and by the same month and day in each successive period of five years.

�� (b) The energy performance standard described in paragraph (a) of this subsection must:

�� (A) Comply with the requirements of ORS 469.275 to 469.279;

�� (B) Seek to maximize reductions in greenhouse gas emissions from covered commercial buildings;

�� (C) Include energy use intensity targets that apply to specific types of buildings; and

�� (D) Provide for methods to achieve conditional compliance with an applicable energy use intensity target, which must, at a minimum, require:

�� (i) Preparing an energy management plan;

�� (ii) Developing a program for building operations and maintenance that aims at achieving the applicable energy use intensity target;

�� (iii) Making investments in energy use efficiency measures that aim at achieving the applicable energy use intensity target; and

�� (iv) Submitting to energy use audits, which may be based upon or linked to ASHRAE Standard 211 audits.

�� (c) Adoption of the energy performance standard described in paragraph (a) of this subsection does not change eligibility criteria for, or benefits or incentives available under, other programs for energy efficiency demand response.

�� (2)(a) In adopting the energy performance standard described in subsection (1) of this section, the department:

�� (A) Shall:

�� (i) Develop energy use intensity targets that are not more stringent than the average energy use intensity for each covered commercial building occupancy classification, adjusting as necessary for a covered commercial building�s unique energy-using features;

�� (ii) Consider, for the purpose of establishing energy use intensity targets, regional and local data that identifies building energy use, such as existing benchmarking data from the Energy Star program established under 42 U.S.C. 6294a;

�� (iii) Consider, for the purpose of establishing the energy performance standard, federal and local programs that relate to energy efficiency standards, aligning where possible requirements under the energy performance standard to avoid duplicative work by regulators and eligible building owners;

�� (iv) Develop energy use intensity targets for two or more climate zones that represent energy use in a year with normal weather;

�� (v) Develop energy use intensity targets that exclude energy delivered through electric vehicle supply equipment; and

�� (vi) Adopt a conditional compliance method that:

�� (I) Requires eligible building owners of covered commercial buildings that do not meet an energy use intensity target to take action to reduce energy use; and

�� (II) Specifies investment criteria that meet the requirements set forth in paragraph (b) of this subsection and that ensure progress toward meeting the energy use intensity target; and

�� (B) May:

�� (i) Consider building occupancy classifications set forth in ANSI/ASHRAE/IES Standard 100 and the United States Environmental Protection Agency�s Energy Star portfolio manager;

�� (ii) Base energy use intensity targets for recently constructed covered commercial buildings on statewide energy codes that were in effect at the time the covered commercial building was constructed; and

�� (iii) Require utilities, eligible building owners and other entities to aggregate data for covered commercial buildings that have multiple meters and to report or, as appropriate, provide the aggregated data for reports under ORS 469.279.

�� (b)(A) Investment criteria the department specifies as part of a conditional compliance method under paragraph (a) of this subsection must:

�� (i) Ensure that an eligible building owner meets the covered commercial building�s energy use intensity target by implementing energy efficiency measures identified in energy use audits; and

�� (ii) Except as provided in subparagraph (B) of this paragraph, require an eligible building owner to implement an optimized bundle of energy efficiency measures that provide maximum energy savings without resulting in a savings to investment ratio of less than 1.0 or require the eligible building owner to achieve the energy use intensity target by means of an implementation plan that:

�� (I) Is based on an energy use audit and life-cycle cost analysis from ANSI/ASHRAE/IES Standard 211 that accounts for the period during which a bundle of energy efficiency measures provide savings;

�� (II) Reflects the eligible building owner�s net costs of implementing energy efficiency measures, excluding any costs that utility or government grants cover;

�� (III) Allows an exclusion of energy efficiency measures that do not pay back the cost of the energy efficiency measure over the useful life of the energy efficiency measure;

�� (IV) Allows an exclusion of energy efficiency measures that are excluded under subparagraph (B) of this paragraph; and

�� (V) Allows for phased implementation in which an eligible building owner need not replace a system or equipment before the useful life of the system or equipment ends.

�� (B) An eligible building owner need not meet an energy efficiency requirement that would compromise the historical integrity of a covered commercial building or part of a covered commercial building that:

�� (i) Is listed on a state or national register of historic places;

�� (ii) Is designated as an historic property under a state or local statute, ordinance, rule or other legislative act or a survey conducted under a statute, ordinance, rule or other legislative act;

�� (iii) Is certified as a contributing resource within a historic district that is listed on a national register or is locally designated as a historic district; or

�� (iv) A state historic preservation officer or the keeper of the national register of historic places has determined in an opinion or certification is eligible to be listed on the national or state register of historic places either as an individual building or as a building that contributes to a historic district.

�� (3) The department shall create a database of eligible building owners and covered commercial buildings that are subject to the requirements of ORS 469.275 to

ORS 471.175

471.175;

�� (e) Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition;

�� (f) Does not offer video lottery games as authorized under ORS 461.217;

�� (g) Has a maximum seating capacity of 40 persons;

�� (h) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and

�� (i) Requires all employees to read and sign a document that explains the dangers of exposure to secondhand smoke.

�� (2) �Enclosed area� means the entirety of the space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling.

�� (3) �Inhalant� means nicotine, a cannabinoid or any other substance that:

�� (a) Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person�s respiratory system;

�� (b) Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person�s respiratory system; and

�� (c)(A) Is not approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose; or

�� (B) If approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose, is not marketed and sold solely for that purpose.

�� (4)(a) �Place of employment� means an enclosed area under the control of a public or private employer, including work areas, employee lounges, vehicles that are operated in the course of an employer�s business and that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways.

�� (b) �Place of employment� does not include a private residence unless it is used as a child care facility as defined in ORS 329A.250 or a facility providing adult day care as defined in ORS 410.490.

�� (5) �Public place� means an enclosed area open to the public.

�� (6) �Smoke shop� means a business that is certified with the Oregon Health Authority as a smoke shop pursuant to the rules adopted under ORS 433.847.

�� (7) �Smoking instrument� means any cigar, cigarette, pipe or other instrument used to smoke tobacco, cannabis or any other inhalant. [1981 c.384 �2; 2001 c.990 �1; 2007 c.602 �1; 2009 c.595 �684; 2011 c.601 �1; 2015 c.158 �14; 2017 c.21 �108; 2017 c.732 �1]

�� 433.840 Policy. The people of Oregon find that because exposure to secondhand smoke, certain exhaled small particulate matter or other exhaled toxins is known to cause cancer and other chronic diseases such as heart disease, asthma and bronchitis, it is necessary to reduce exposure to such smoke, matter or toxins by prohibiting the smoking, aerosolizing or vaporizing of inhalants in all public places and places of employment. [1981 c.384 �1; 2007 c.602 �2; 2015 c.158 �15]

�� 433.845 Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment. (1) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except as provided in ORS 433.850.

�� (2) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment:

�� (a) Entrances;

�� (b) Exits;

�� (c) Windows that open; and

�� (d) Ventilation intakes that serve an enclosed area.

�� (3) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a room during the time that jurors are required to use the room. [1981 c.384 �3; 1985 c.752 �1; 2007 c.602 �3; 2015 c.158 �16]

�� 433.847 Smoke shop certification; rules. (1) The Oregon Health Authority shall adopt rules establishing a certification system for smoke shops and any rules necessary for the implementation, administration and enforcement of ORS 433.835 to 433.875. In adopting rules under this section, the authority shall prohibit the smoking, aerosolizing or vaporizing of inhalants that are not tobacco products in smoke shops.

�� (2) The authority shall issue a smoke shop certification to a business that:

�� (a)(A) Is primarily engaged in the sale, for off-premises consumption or use, of tobacco products and smoking instruments used to smoke tobacco products, with at least 75 percent of the gross revenues of the business resulting from such sales;

�� (B) Prohibits persons under 21 years of age from entering the premises;

�� (C) Does not offer video lottery games as authorized under ORS 461.217, social gaming or betting on the premises;

�� (D) Does not:

�� (i) Sell or offer food or beverages, including alcoholic beverages, for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages;

�� (E) Is a stand-alone business with no other businesses or residential property attached to the premises;

�� (F) Has a maximum seating capacity of four persons; and

�� (G) Allows the smoking of tobacco product samples only for the purpose of making retail purchase decisions;

�� (b) On December 31, 2008:

�� (A) Met the requirements of paragraph (a)(A) to (D) of this subsection; and

�� (B)(i) Was a stand-alone business with no other businesses or residential property attached; or

�� (ii) Had a ventilation system that exhausted smoke from the business and was designed and terminated in accordance with the state building code standards for the occupancy classification in use; or

�� (c)(A) Was certified as a smoke shop under ORS 433.835, as in effect immediately before June 30, 2011, by the authority on or before December 31, 2012;

�� (B) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (C) Does not:

�� (i) Sell or offer alcoholic beverages for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages; and

�� (D) Prohibits persons under 21 years of age from entering the premises.

�� (3) A smoke shop certified under subsection (2)(b) of this section must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop:

�� (a)(A) Meets the requirements of subsection (2)(a)(A) to (D) of this section; and

�� (B)(i) Is a stand-alone business with no other businesses or residential property attached; or

�� (ii) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and

�� (b) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.

�� (4) A smoke shop certified under subsection (2)(c) of this section must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop:

�� (a) Meets the requirements of ORS 433.835, as in effect immediately before June 30, 2011;

�� (b) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (c) Does not:

�� (A) Sell or offer alcoholic beverages for on-premises consumption; or

�� (B) Allow on-premises consumption of alcoholic beverages; and

�� (d) Prohibits persons under 21 years of age from entering the premises.

�� (5) The owner of a smoke shop certified under subsection (2)(b) or (c) of this section may transfer the certification with ownership of the smoke shop if the transfer is made in accordance with rules adopted by the authority.

�� (6) A smoke shop certified under subsection (2)(b) of this section may continue to be certified in a new location under subsection (2)(b) of this section if:

�� (a)(A) The new location occupies no more than 3,500 square feet; or

�� (B) If the old location occupied more than 3,500 square feet, the new location occupies no more than 110 percent of the space occupied by the old location; and

�� (b) The smoke shop as operated in the new location:

�� (A) Meets the requirements of subsection (2)(a)(A) to (D) of this section;

�� (B)(i) Is a stand-alone business with no other businesses or residential property attached; or

�� (C) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.

�� (7) A smoke shop certified under subsection (2)(c) of this section may continue to be certified in a new location under subsection (2)(c) of this section if:

�� (a)(A) The new location occupies no more than 3,500 square feet; or

�� (B) If the old location occupied more than 3,500 square feet, the new location occupies no more than 110 percent of the space occupied by the old location; and

�� (b) The smoke shop as operated in the new location:

�� (A) Meets the requirements of ORS 433.835, as in effect immediately before June 30, 2011;

�� (B) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (C) Does not:

�� (i) Sell or offer alcoholic beverages for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages; and

�� (D) Prohibits persons under 21 years of age from entering the premises.

�� (8) Rules adopted under this section must provide that, in order to obtain a smoke shop certification, a business must agree to allow the authority to make unannounced inspections of the business to determine compliance with ORS 433.835 to

ORS 471.666

471.666.

�� (5) A person notified under subsection (4) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure to return the vehicle or conveyance to the movant.

�� (6) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in subsection (3) of this section.

�� (7) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure.

�� (8) If the court does not order the return of the vehicle or conveyance under subsection (6) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in ORS 471.666. [Amended by 1973 c.836 �351; 1981 c.601 �2]

�� 471.665 [Amended by 1971 c.743 �374a; 1973 c.836 �352; 1977 c.745 �40; 1993 c.741 �66; repealed by 1997 c.592 �6 (471.666 enacted in lieu of 471.665)]

�� 471.666 Disposal of seized liquor and of vehicle or other conveyance. (1) The court, upon conviction of the person arrested under ORS 471.660, shall order the alcoholic liquor delivered to the Oregon Liquor and Cannabis Commission, and shall, subject to the ownership rights of innocent third parties, order a sale at public auction by the sheriff of the county of the property seized. The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay all the liens, according to their priorities, which are established by intervention or otherwise at such hearing or in other proceedings brought for that purpose, and shall pay the balance of the proceeds into the general fund of the county. No claim of ownership or of any right, title or interest in or to such vehicle that is otherwise valid shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence, that the claimant had knowledge that the vehicle was used or to be used in violation of law. All liens against property sold under this section shall be transferred from the property to the proceeds of the sale.

�� (2) If no person claims the vehicle or conveyance, the taking of the same and the description thereof shall be advertised in some daily newspaper published in the city or county where taken, or if no daily newspaper is published in such city or county, in a newspaper having weekly circulation in the city or county, once a week for two weeks and by handbills posted in three public places near the place of seizure, and shall likewise notify by mail the legal owner, in the case of an automobile, if licensed by the State of Oregon, as shown by the name and address in the vehicle registration records of the Department of Transportation. If no claimant appears within 10 days after the last publication of the advertisement, the property shall be sold and the proceeds, after deducting the expenses and costs, shall be paid into the general fund of the county. [1989 c.791 �18; 1993 c.741 �67; enacted in lieu of 471.665 in 1997; 2021 c.351 �130]

�� 471.670 [Amended by 1995 c.301 �71; 1999 c.788 �57; repealed by 2011 c.597 �118]

�� 471.675 Resisting arrest or interfering with enforcement. A person may not forcibly resist lawful arrest, or by physical contact recklessly interfere with an investigation of any infringement of the Liquor Control Act or with any lawful search or seizure being made by a peace officer or a regulatory specialist if the person knows or should know that the investigation, search or seizure is being performed by a peace officer or regulatory specialist. [Amended by 1981 c.370 �1; 1997 c.249 �174; 2012 c.54 �4; 2015 c.614 �163]

�� 471.680 Allegation and proof in prosecutions. In any prosecution for the sale of alcoholic liquor it is not necessary to prove the exact variety, or to mention the quantity of alcoholic liquor sold, except in the case where the variety or quantity is essential to establish the offense. As regards quantity it is sufficient to allege the sale of a quantity, the sale of which quantity is unlawful. The description of any offense, alleged to be a violation of the Liquor Control Act, in the words of that statute or in any words of like effect, is sufficient in law. Any exceptions, exemptions, provisions, excuse or qualification may be proved by the defendant, but need not be specified or negatived in the complaint, information or indictment. If it is so specified or negatived, no proof in relation to the matter so specified or negatived is required on the part of the plaintiff, informant or complainant.

�� 471.685 Governor authorized to suspend license. In case of invasion, disaster, insurrection, riot, or imminent danger thereof, the Governor may, for the duration of such invasion, disaster, insurrection, riot, or imminent danger thereof, immediately suspend without notice any license in the area involved granted under the provisions of this chapter. [1963 c.91 �2; 1995 c.301 �43; 1999 c.351 �61]

�� 471.695 Fingerprinting of license applicants and certain commission employees; criminal records check. (1) The Oregon Liquor and Cannabis Commission may require each applicant for a full or limited on-premises sales license to submit to fingerprinting. If the applicant is a corporation, the fingerprints of each officer, director and major stockholder of the corporation may be required by the commission. Prior to approving any change in officers, directors or major stockholders, the commission may require the fingerprints of the new officials.

�� (2) The commission shall require that all employees of the commission who work in the licensing or enforcement divisions or who have access to criminal background information be fingerprinted.

�� (3) Fingerprints acquired under this section may be used for the purpose of requesting state or nationwide criminal records checks under ORS 181A.195.

�� (4) As used in this section, �major stockholder� means any person who owns, directly or indirectly, more than 10 percent of any class of any equity security of the corporation. [1979 c.634 �2; 1999 c.351 �37; 2003 c.166 �3; 2005 c.730 �27; 2021 c.351 �131]

�� 471.700 Revocation of license on gambling conviction. In carrying out its duties under ORS 471.315, the Oregon Liquor and Cannabis Commission shall not suspend or cancel a license on grounds of any violation of ORS 167.108 to 167.164 until:

�� (1) The licensee has been convicted thereof in a court of competent jurisdiction; or

�� (2) An employee of the licensee has been convicted thereof in a court of competent jurisdiction and the violation occurred on the licensed premises. [1979 c.171 �2; 1995 c.301 �72; 2021 c.351 �132]

�� 471.703 Police notice to commission or social host when certain persons involved in motor vehicle accidents; content; commission duty. (1) The police shall notify the Oregon Liquor and Cannabis Commission of the name of the alleged provider of alcoholic liquor when:

�� (a) The police investigate any motor vehicle accident where someone other than the operator is injured or incurs property damage;

�� (b) The operator appears to have consumed alcoholic liquor;

�� (c) A citation is issued against the operator that is related to the consumption of alcoholic liquor or could have been issued if the operator had survived; and

�� (d) The provider of the alcoholic liquor is alleged to be a licensee or permittee of the commission.

�� (2) The notice shall include the name and address of the operator involved and the name and address of the person who named the alleged provider, if the person is other than the operator.

�� (3) Upon receipt of the notice described in subsection (1) of this section, the commission shall cause the licensee or permittee named as the alleged provider to be notified of receipt of the notice and of its content. A copy of the notice shall be retained in the files of the commission and shall be open to inspection by the person injured or damaged by the motor vehicle operator or a representative of the person.

�� (4) The police shall notify the alleged social host when the circumstances described in subsection (1) of this section occur and the alleged social host is named as the provider of the alcoholic liquor. The notice shall include the information described in subsection (2) of this section. [1987 c.774 �15; 2021 c.351 �133]

ORGANIZATION, POWERS AND DUTIES OF COMMISSION

�� 471.705 Oregon Liquor and Cannabis Commission; qualifications; compensation; term; confirmation. (1) There is created the Oregon Liquor and Cannabis Commission, consisting of nine commissioners appointed by the Governor. One commissioner must be from among the residents of each congressional district of this state. One additional commissioner must be from eastern Oregon. One additional commissioner must be from western Oregon. One additional commissioner must represent the public at large. One commissioner must be from the food and alcoholic beverage retail industry. Not more than five commissioners may be of the same political party. The Governor shall designate one commissioner to be chairperson of the commission. The commissioners are entitled to compensation and expenses as provided in ORS 292.495.

�� (2) Each commissioner at the time of appointment must be a resident of this state and must have resided in this state for at least five years next preceding appointment and qualification. Each commissioner must be an elector in this state and may not be less than 30 years of age. The term of office of a commissioner terminates if the commissioner ceases to possess the residency or industry qualification for appointment. If the term of office of a commissioner terminates under this subsection, the Governor shall appoint a qualified individual to complete the unexpired term of the commissioner.

�� (3) The term of office of a commissioner is four years from the time of appointment and qualification and until a successor qualifies for appointment. The terms of the commissioners commence April 1. If a commissioner is allowed to hold office after the expiration of a term, the Governor shall appoint the successor for the remainder of the unexpired term. If a vacancy occurs in the commission, the Governor shall appoint the successor for the remainder of the unexpired term. Each commissioner is eligible for reappointment, but an individual is not eligible to serve for more than two full terms.

�� (4) Appointments of commissioners by the Governor under this section are subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution. [Amended by 1967 c.577 �11; 1969 c.314 �50; 1973 c.792 �17; 1979 c.251 �1; 1981 c.545 �9; 2017 c.183 �95; 2021 c.351 �134; 2023 c.604 �7]

�� 471.710 Removal; prohibited interests of commissioner and employee; rules. (1) The Governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving to the commissioner a copy of the charges made and an opportunity of being publicly heard in person or by counsel, in the commissioner�s own defense, upon not less than 10 days� notice. If such commissioner is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such commissioner, the findings thereon, and a complete record of the proceedings.

�� (2) No person, other than the member appointed in accordance with ORS 471.705 who is designated from the food and alcoholic beverage retail industry, is eligible to hold the office of commissioner, or to be employed by the Oregon Liquor and Cannabis Commission if:

�� (a) The person has any financial interest in any business licensed by the commission or in any business which manufactures alcoholic beverages sold in Oregon;

�� (b) Anyone in the person�s household or immediate family has a financial interest described in paragraph (a) of this subsection;

�� (c) Anyone in the person�s household or immediate family is employed by a business licensed by the commission, unless the person is not in a position to take action or make decisions which could affect the licensed business; or

�� (d) The person or anyone in the person�s household or immediate family has a business connection with any business licensed by the commission, unless the person is not in a position to take action or make decisions which could affect the licensed business.

�� (3)(a) A retail sales agent appointed by the commission, or a person in the household or immediate family of a retail sales agent, may not have any financial interest in or business connection with:

�� (A) A person or business that is licensed as a distillery;

�� (B) A person or business that holds a full on-premises sales license; or

�� (C) A distillery whose products are sold in Oregon.

�� (b) Paragraph (a) of this subsection does not apply to a distillery retail outlet agent appointed by the commission under ORS 471.230.

�� (4) Nothing in this section prohibits a person from having a financial interest resulting from investments made by the Public Employees Retirement System or through mutual funds, blind trusts or similar investments where the person does not exercise control over the nature, amount or timing of the investment.

�� (5) The commission by rule may establish additional restrictions to prohibit potential conflicts of interest. The commission by rule shall define �immediate family� and �business connection� as used in this section. [Amended by 1979 c.251 �2; 1983 c.168 �1; 1987 c.511 �7; 2009 c.38 �4; 2021 c.351 �135]

�� 471.715 Chairperson; meetings; quorum. (1) The member from the food and alcoholic beverage retail industry shall not serve as chairperson. The chairperson shall preside at all meetings of the Oregon Liquor and Cannabis Commission or, in the chairperson�s absence, some other member may serve as chairperson.

�� (2) The commission shall meet at such times and places within this state as it determines. A majority of the commissioners constitutes a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission. [Amended by 1979 c.251 �3; 1983 c.168 �2; 2021 c.351 �136]

�� 471.720 Administrator; other personnel. The Oregon Liquor and Cannabis Commission shall appoint an administrator who shall serve at its discretion. The administrator shall be subject to policy direction by the commissioners, and shall be the secretary of the commission and custodian of commission records. The administrator shall manage the commission, administer the laws, and appoint, assign and coordinate personnel of the commission within budget limitations and the State Personnel Relations Law. [Amended by 1967 c.630 �4; 1975 c.605 �24; 1985 c.592 �1; 2021 c.351 �137]

�� 471.725 Buying, leasing, contracting and borrowing powers of commission. The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following:

�� (1) To buy, have in its possession, bottle, blend, rectify, transport and sell, for present or future delivery, in its own name, alcoholic liquor in the manner set forth in this chapter.

�� (2) To purchase, acquire, rent, lease or occupy any building, rooms, stores or land and acquire, own, lease and sell equipment and fixtures required for its operations.

�� (3) To lease or sublet to others property which it acquires or owns and which is not immediately required for its operations. However, no real property shall be purchased without the consent and approval of the Governor.

�� (4) To borrow money, guarantee the payment thereof and of the interest thereon, by the transfer or pledge of goods or in any other manner required or permitted by law.

�� (5) To issue, sign, indorse and accept checks, promissory notes, bills of exchange and other negotiable instruments.

�� (6) In the event the United States Government provides any plan or method whereby the taxes upon alcoholic liquors are collected at the source, to enter into any and all contracts and comply with all regulations, even to the extent of partially or wholly abrogating any statutory provisions which might be in conflict with federal law or regulations, to the end that the commission receives the portion thereof allocated to this state, to be distributed as provided by statute.

�� (7) To secure and pay for such policies of insurance as may be necessary to adequately protect it from loss by fire, theft or other casualty. [Amended by 1995 c.301 �44; 2021 c.351 �138]

�� 471.730 Regulatory powers of commission. The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following:

�� (1) To control the manufacture, possession, sale, purchase, transportation, importation and delivery of alcoholic liquor in accordance with the provisions of this chapter and ORS 474.105 and 474.115.

�� (2) To grant, refuse, suspend or cancel licenses and permits for the sale or manufacture of alcoholic liquor, or other licenses and permits in regard thereto, and to permit, in its discretion, the transfer of a license of any person.

�� (3) To collect the taxes and duties imposed by statutes relating to alcoholic liquors, and to issue, and provide for cancellation, stamps and other devices as evidence of payment of such taxes or duties.

�� (4) To investigate and aid in the prosecution of every violation of statutes relating to alcoholic liquors, to seize alcoholic liquor manufactured, sold, kept, imported or transported in contravention of this chapter and ORS 474.105 and

ORS 471.750

471.750 in an amount equal to the sum of the following according to the store class, as determined under subsection (3) of this section, operated by the agent:

�� (a) The monthly base compensation established in subsection (4) of this section;

�� (b) The wage escalator amount described in subsection (5) of this section;

�� (c) The retail escalator amount described in subsection (6) of this section; and

�� (d) The sales commission according to the rates provided in subsection (7) of this section.

�� (3) A store shall be classed based on the store�s amount of annual sales of alcoholic beverages rounded to the nearest whole dollar, adjusted annually by a percentage equal to any percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, as follows:

�� (a) Class 1: up to $120,000;

�� (b) Class 2: at least $120,001 and not more than $450,000;

�� (c) Class 3: at least $450,001 and not more than $750,000;

�� (d) Class 4: at least $750,001 and not more than $1,650,000;

�� (e) Class 5: at least $1,650,001 and not more than $2,500,000;

�� (f) Class 6: at least $2,500,001 and not more than $3,700,000;

�� (g) Class 7: at least $3,700,001 and not more than $5,500,000;

�� (h) Class 8: at least $5,500,001 and not more than $8,300,000;

�� (i) Class 9: at least $8,300,001 and not more than $12,500,000; and

�� (j) Class 10: at least $12,500,001 and not more than $18,750,000.

�� (4) The monthly base compensation for an agent, adjusted annually by a percentage equal to any percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, is determined as follows according to the class of store operated by the agent:

�� (a) Class 1 store: 14.5 percent of the first $10,000 in monthly sales of alcoholic beverages;

�� (b) Class 2 store: $1,660;

�� (c) Class 3 store: $1,920;

�� (d) Class 4 store: $2,440;

�� (e) Class 5 store: $2,700;

�� (f) Class 6 store: $3,100;

�� (g) Class 7 store: $3,600;

�� (h) Class 8 store: $4,150;

�� (i) Class 9 store: $4,800; and

�� (j) Class 10 store: $5,500.

�� (5) The wage escalator amount is as follows:

�� (a) For an agent in a standard county, eight percent of the monthly base compensation; or

�� (b) For an agent in a Portland metropolitan area county, 18 percent of the monthly base compensation.

�� (6) The monthly retail escalator amount is as follows:

�� (a) For a store located in a standard county, 50 percent of the monthly base compensation; or

�� (b) For a store located in a Portland metropolitan area county, 75 percent of the monthly base compensation.

�� (7) The sales commission rates are as follows:

�� (a) For sales of alcoholic beverages to licensees, 6.54 percent of the amount of sales.

�� (b) For sales of alcoholic beverages to persons other than licensees, 8.38 percent of the amount of sales. [2021 c.620 �2]

�� 471.754 Commission to develop recycling education materials. The Oregon Liquor and Cannabis Commission shall develop recycling education materials for distribution through stores established by the commission under ORS 471.750 that encourage the patrons of the store to recycle bottles sold through the stores. [1997 c.552 �34; 2021 c.351 �148]

�� 471.755 [Amended by 1971 c.734 �67; repealed by 1973 c.311 �6]

�� 471.757 Statement of financial interest in business of licensee. (1) At such times as the Oregon Liquor and Cannabis Commission may prescribe and upon forms furnished by the commission, any license applicant or licensee of the commission may be required to submit a sworn statement to the commission showing the name, address and the nature and extent of the financial interest of each person, individual and corporate, having a financial interest in the business operated under the license.

�� (2) The commission shall review the statement and may refuse to issue a license to any license applicant, or may suspend, cancel or refuse to renew the license of any licensee, when conditions exist in relation to any person having a financial interest in the business or in the place of business which would constitute grounds for refusing to issue a license or for cancellation or suspension of a license if such person were the license applicant or licensee. However, in cases where the financial interest is held by a corporation, only the officers and directors of the corporation, any individual or combination of individuals who own a controlling financial interest in the business and any manager of the business shall be considered persons having a financial interest within the meaning of this subsection. [1963 c.369 �1; 1995 c.301 �45; 1999 c.351 �63; 2001 c.785 �9; 2021 c.351 �149]

�� 471.760 Subpoena; oaths; depositions. Each member of the Oregon Liquor and Cannabis Commission, or any of its authorized agents, shall, for the purposes contemplated by this chapter and ORS

ORS 475C.009

475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, either on or off the premises;

�� (C) That the tenant may not allow the tenant�s guests to use, possess or share alcohol, marijuana items as defined in ORS 475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, on the premises;

�� (D) That the tenant shall participate in a program of recovery, which specific program is described in the rental agreement;

�� (E) That on at least a quarterly basis the tenant shall provide written verification from the tenant�s program of recovery that the tenant is participating in the program of recovery and that the tenant has not used:

�� (i) Alcohol;

�� (ii) Marijuana items as defined in ORS 475C.009; or

�� (iii) Illegal drugs;

�� (F) That the landlord has the right to require the tenant to take a test for drug or alcohol usage promptly and at the landlord�s discretion and expense; and

�� (G) That the landlord has the right to terminate the tenant�s tenancy in the drug and alcohol free housing under ORS 90.392, 90.398 or 90.630 for noncompliance with the requirements described in this paragraph.

�� (2) A dwelling unit qualifies as drug and alcohol free housing despite the premises not having the minimum number of qualified dwelling units required by subsection (1)(a) of this section if:

�� (a) The premises are occupied but have not previously qualified as drug and alcohol free housing;

�� (b) The landlord designates certain dwelling units on the premises as drug and alcohol free dwelling units;

�� (c) The number of designated drug and alcohol free housing dwelling units meets the requirement of subsection (1)(a) of this section;

�� (d) When each designated dwelling unit becomes vacant, the landlord rents that dwelling unit to, or holds that dwelling unit for occupancy by, at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery and the landlord meets the other requirements of subsection (1) of this section; and

�� (e) The dwelling unit is one of the designated drug and alcohol free housing dwelling units.

�� (3) The failure by a tenant to take a test for drug or alcohol usage as requested by the landlord pursuant to subsection (1)(d)(F) of this section may be considered evidence of drug or alcohol use.

�� (4) As used in this section, �program of recovery� means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol, cannabis or illegal drugs while living in drug and alcohol free housing. A �program of recovery� includes Alcoholics Anonymous, Narcotics Anonymous and similar programs. [1995 c.559 �7; 1997 c.577 �9; 1999 c.603 �11; 2003 c.378 �10; 2005 c.22 �59; 2005 c.391 �15; 2017 c.21 �32]

�� 90.245 Prohibited provisions in rental agreements; remedy. (1) A rental agreement may not provide that the tenant:

�� (a) Agrees to waive or forgo rights or remedies under this chapter;

�� (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement;

�� (c) Agrees to the exculpation or limitation of any liability arising as a result of the other party�s willful misconduct or negligence or to indemnify the other party for that liability or costs connected therewith; or

�� (d) Agrees to pay liquidated damages, except as allowed under ORS 90.302 (2)(e).

�� (2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months� periodic rent. [Formerly 91.745; 2009 c.431 �11]

�� 90.250 Receipt of rent without obligation to maintain premises prohibited. A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with ORS 90.320 (1) or 90.730. [Formerly

ORS 476.033

476.033, 476.035, 476.150 or 476.155, the Director of the Department of Consumer and Business Services or a local building official administering a building inspection program under ORS 455.148 or 455.150 may determine whether the structure as set forth in the plans and specifications or as constructed meets the standards of the state building code, including but not limited to fire and life safety standards. The State Fire Marshal, or a local fire official for a governmental subdivision exempted from State Fire Marshal regulations as described under ORS 476.030, may provide advice to building officials, inspectors or Department of Consumer and Business Services employees concerning state building code standards. A local building official or department employee shall give consideration to advice of the State Fire Marshal or local fire official that does not conflict with the state building code, but shall retain the authority to make final decisions regarding the code. [2013 c.487 �2 and 2013 c.528 �3]

�� Note: 455.485 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.487 Prohibition on requiring frontage improvement as condition of obtaining construction permit. (1) As used in this section:

�� (a) �Alteration� means any construction or renovation to an existing structure other than a repair or addition to the existing structure.

�� (b) �Construction permit� means a building permit or a permit for electrical work, mechanical work or plumbing work in a building.

�� (c)(A) �Frontage improvement� means repairs to or construction or renovation of roadway surfaces, curbs, gutters, sidewalks and similar or related infrastructure that is:

�� (i) Privately constructed;

�� (ii) Located within a public right of way; and

�� (iii) Adjacent to property for which a municipality has issued a construction permit.

�� (B) �Frontage improvement� does not include repairing damage that a holder of a construction permit caused.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a municipality with a population of 15,000 or more may not require in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the holder of the construction permit install a frontage improvement, or have a frontage improvement installed, if:

�� (A) The alteration does not result in an increase to the building�s square footage or footprint;

�� (B) The cost of the alteration does not exceed the amount the Director of the Department of Consumer and Business Services specifies under subsection (3) of this section; and

�� (C) Existing or proposed uses for the building do not result in a change to the occupancy classification group that applied to the building at the time the municipality received an application for the construction permit.

�� (b) The prohibition described in paragraph (a) of this subsection does not apply:

�� (A) To any of the following conditions a municipality may impose upon a construction permit:

�� (i) A dedication of right-of-way;

�� (ii) An assessment or required payment of a system development charge;

�� (iii) A waiver of remonstrance to the formation of a local improvement district; or

�� (iv) An assessment or collection of fees for a local improvement district or charges in lieu of a local improvement district assessment; or

�� (B) If the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as in effect on January 1, 2026, requires the municipality to include the installation of a frontage improvement as a condition in, or as a condition of obtaining, a construction permit.

�� (3) The director shall set the initial cost that an alteration may not exceed under subsection (2)(a)(B) of this section at $150,000 and each year shall adjust the cost to reflect changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (4) If a municipality or the Department of Transportation requires a person to install a frontage improvement along a state highway as a condition in, or a condition of obtaining, a construction permit or obtaining final action on a permit or zone change under ORS 215.427 or 227.175, the municipality and the department shall coordinate with the person to determine if design, engineering or construction plans already exist for the required frontage improvement. [2025 c.486 �2]

�� Note: The amendments to 455.487 by section 3, chapter 486, Oregon Laws 2025, become operative January 1, 2031. See section 4, chapter 486, Oregon Laws 2025. The text that is operative on and after January 1, 2031, is set forth for the user�s convenience.

�� 455.487. (1) As used in this section:

�� (a) �Alteration� means any construction or renovation to an existing structure other than a repair or addition to the existing structure.

�� (b) �Construction permit� means a building permit or a permit for electrical work, mechanical work or plumbing work in a building.

�� (c)(A) �Frontage improvement� means repairs to or construction or renovation of roadway surfaces, curbs, gutters, sidewalks and similar or related infrastructure that is:

�� (i) Privately constructed;

�� (ii) Located within a public right of way; and

�� (iii) Adjacent to property for which a municipality has issued a construction permit.

�� (B) �Frontage improvement� does not include repairing damage that a holder of a construction permit caused.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a municipality may not require in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the holder of the construction permit install a frontage improvement, or have a frontage improvement installed, if:

�� (A) The alteration does not result in an increase to the building�s square footage or footprint;

�� (B) The cost of the alteration does not exceed the amount the Director of the Department of Consumer and Business Services specifies under subsection (3) of this section; and

�� (b) The prohibition described in paragraph (a) of this subsection does not apply:

�� (A) To any of the following conditions a municipality may impose upon a construction permit:

�� (i) A dedication of right-of-way;

�� (ii) An assessment or required payment of a system development charge;

�� (iii) A waiver of remonstrance to the formation of a local improvement district; or

�� (iv) An assessment or collection of fees for a local improvement district or charges in lieu of a local improvement district assessment; or

�� Note: 455.487 was added to and made a part of 455.410 to 455.740 by legislative action but was not added to any other series therein. See Preface to Oregon Revised Statutes for further explanation.

ENERGY CONSERVATION

(Generally)

�� 455.490 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The use of a consensus-based expedited review system for the uniform statewide adoption, implementation, application and enforcement of certain state building code requirements to promote energy efficiency and energy conservation will facilitate and expedite compliance with those state building code requirements by providing a comprehensive source for interpretation of requirements that integrate elements affecting a variety of specialty codes.

�� (2) The establishment of a Construction Industry Energy Board as an advisory board to the Department of Consumer and Business Services is an appropriate means for furthering the goal of facilitating and expediting state building code compliance related to energy efficiency and energy conservation.

�� (3) The creation of a Construction Industry Energy Board will improve state building code compliance with regard to energy efficiency and energy use standards by creating an additional body empowered to enforce those standards.

�� (4) The reorganization of certain existing advisory boards and the realignment of code enforcement responsibilities will enable the Department of Consumer and Business Services to more effectively ensure compliance with state building code specialty codes by increasing the focus of appropriate technical expertise, making the advisory boards more responsive to inquiries regarding code requirements and streamlining code enforcement responsibilities. [2009 c.567 �1]

�� Note: 455.490 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.492 Construction Industry Energy Board. (1) There is established a Construction Industry Energy Board, consisting of 11 members. The membership shall consist of the following:

�� (a) Two members selected by the Electrical and Elevator Board from the members of the Electrical and Elevator Board who have practical experience in the electric industry.

�� (b) Two members selected by the Residential and Manufactured Structures Board from the members of the Residential and Manufactured Structures Board who have practical experience in the residential structure industry or manufactured structure industry.

�� (c) Two members selected by the Building Codes Structures Board from the members of the Building Codes Structures Board who have practical experience in construction.

�� (d) Two members selected by the State Plumbing Board from the members of the State Plumbing Board who have practical experience in construction.

�� (e) Two members selected by the Mechanical Board from the members of the Mechanical Board who have practical experience in construction.

�� (f) One member who is an employee or officer of the State Department of Energy appointed by the Director of the State Department of Energy.

�� (2) The Construction Industry Energy Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of those positions as the board determines.

�� (3) Except as provided in ORS 455.496 (2), a majority of the members of the board constitutes a quorum for the transaction of business.

�� (4) A member of the board is not entitled to compensation, but at the discretion of the director may be reimbursed from funds available to the Department of Consumer and Business Services for actual and necessary travel and other expenses incurred by the member in the performance of the member�s official duties in the manner and amount provided in ORS 292.495. [2009 c.567 �2; 2009 c.567 �12; 2011 c.272 �22; 2013 c.255 �3]

�� Note: 455.492 and 455.496 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.496 Standards relating to energy use and energy efficiency aspects of specialty codes; rules; enforceability. (1) The Construction Industry Energy Board may evaluate and approve or disapprove proposed state building code standards relating to the energy use and energy efficiency aspects of the electrical, structural, prefabricated structure and low-rise residential specialty codes. The proposed standards evaluated by the board may include, but need not be limited to, standards regarding energy-conserving technology, construction methods, products and materials. The board shall forward any proposed standards recommended by the board to the Director of the Department of Consumer and Business Services for adoption or rejection by the director.

�� (2) Approval by seven or more board members is required in order to recommend adoption of an energy construction standard to the director. If the standard relates to a specialty code that is administered by an advisory board described in ORS

ORS 479.250

479.250 to 479.305. [1979 c.642 �9; 1999 c.307 �10]

�� 479.295 State Fire Marshal to adopt rules setting standards and providing for implementation of certain laws governing smoke alarms and smoke detectors. Notwithstanding the provisions of ORS 476.030, the State Fire Marshal shall adopt, by rule:

�� (1) Standards for the installation and maintenance of smoke alarms and smoke detectors as the State Fire Marshal considers necessary to carry out the purposes of ORS 479.250 to 479.305; and

�� (2) Standards for the implementation of ORS 479.250 to 479.305 and 479.990 (2). [1979 c.642 �10; 1989 c.247 �5; 1999 c.307 �11; 2001 c.411 �22; 2011 c.97 �8]

�� 479.297 Ionization smoke alarms; required equipment; exemptions. (1) All ionization smoke alarms sold in this state that are solely battery-operated shall be packaged with a 10-year battery.

�� (2) All ionization smoke alarms sold in this state shall include a �hush� mechanism that allows a person to temporarily disengage the alarm for a period of not more than 15 minutes.

�� (3) The provisions of this section do not apply to:

�� (a) Smoke alarms specifically designed for persons who are hard of hearing;

�� (b) Smoke alarms sold in this state for shipment out of state; or

�� (c) Smoke alarms sold for installation in recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels or manufactured dwellings.

�� (4) The sale of a recreational vehicle, commercial vehicle, railroad equipment, aircraft, marine vessel or new manufactured dwelling containing a smoke alarm does not constitute sale of a smoke alarm. [1997 c.647 �2,3; 1999 c.307 �12; 2007 c.70 �274]

�� 479.300 Removing or tampering with smoke alarm or smoke detector prohibited. No person shall remove or tamper with a properly functioning smoke alarm or smoke detector installed in conformance with ORS 479.250 to 479.305. This prohibition includes removal of working batteries. [1979 c.642 �11; 1993 c.369 �22; 1999 c.307 �13]

�� 479.305 Smoking policy disclosure. (1) Except as provided in subsection (2) of this section, the rental agreement for a dwelling unit regulated under ORS chapter 90 must include a disclosure of the smoking policy for the premises on which the dwelling unit is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed.

�� (2) This section does not apply to a rental agreement subject to ORS 90.505 to 90.850 for space in a facility as defined in ORS 90.100. [2009 c.127 �2]

�� 479.410 [Repealed by 1959 c.406 �34]

�� 479.420 [Repealed by 1959 c.406 �34]

�� 479.430 [Repealed by 1959 c.406 �34]

�� 479.440 [Amended by 1955 c.689 �1; 1957 c.429 �1; repealed by 1959 c.406 �34]

�� 479.450 [Repealed by 1959 c.406 �34]

ELECTRICAL SAFETY LAW

�� 479.510 Short title. ORS 479.510 to 479.945 and 479.995 may be cited as the Electrical Safety Law. [1959 c.406 �1; 1981 c.815 �2]

�� 479.520 Purpose. The purpose of the Electrical Safety Law is to protect the health and safety of the people of Oregon from the danger of electrically caused shocks, fires and explosions and to protect property situated in Oregon from the hazard of electrically caused fires and explosions. To accomplish this purpose the Legislative Assembly intends to provide a procedure:

�� (1) For determining where and by whom electrical installations are being made and where electrical products are sold in this state.

�� (2) To assure the public that persons making electrical installations in this state are qualified by experience and training.

�� (3) To assure the public that electrical installations meet minimum safety standards and that electrical products meet electrical product safety standards.

�� (4) For the administration and enforcement of the Electrical Safety Law by the Department of Consumer and Business Services and the Electrical and Elevator Board.

�� (5) By which the cost of administering and enforcing the Electrical Safety Law is defrayed by the collection of fees in connection with the issuing of permits and electrical licenses and the collection of civil penalties. [1959 c.406 �2; 1981 c.815 �3; 1987 c.414 �33; 1993 c.744 �117; 2003 c.299 �1; 2011 c.597 �220]

�� 479.525 Application of Electrical Safety Law; uniformity. Except as provided in ORS 479.854, the Electrical Safety Law shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the Electrical Safety Law. [1983 c.580 �3]

�� 479.527 [1985 c.826 �2; repealed by 1987 c.874 �1]

�� 479.530 Definitions for ORS 479.510 to 479.945 and 479.995. As used in ORS 479.510 to 479.945 and 479.995, unless the context requires otherwise:

�� (1) �Approved testing laboratory� means a testing laboratory that meets criteria for electrical product evaluation established by the Director of the Department of Consumer and Business Services with the approval of the Electrical and Elevator Board under ORS 479.730.

�� (2) �Board� means the Electrical and Elevator Board established under ORS 455.138.

�� (3) �Certified electrical product� means an electrical product that is certified under ORS

ORS 479.540

479.540, no person shall make, supervise or direct the making of an electrical installation which does not meet minimum safety standards.

�� (2) Except for a person authorized by the jurisdiction having authority, no person shall remove, transfer, alter or otherwise tamper with an inspection permit, label, tag or other indicia of inspection placed on or at an electrical job site, electrical installation or electrical product. A property owner may remove the construction inspection permit, label or tag if, after all required inspections are completed, the installation is found to be in compliance with the electrical code and has been approved by the inspector having jurisdiction. [1959 c.406 �16(1); 1981 c.815 �22; 1991 c.18 �1]

�� 479.720 [1959 c.406 �17; repealed by 1981 c.815 �40]

�� 479.730 Adoption of rules by Director of Department of Consumer and Business Services. In compliance with ORS chapter 183 the Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt reasonable rules:

�� (1) Establishing, altering or revoking minimum safety standards for workmanship and materials in various classifications of electrical installations.

�� (2) Establishing, altering or revoking electrical product safety standards for design and construction of electrical products to be installed in this state. The standards may allow the certification of electrical products that a testing laboratory approved by the director and the board under ORS 479.760 has tested and found to be safe within the electrical product safety standards established under this subsection.

�� (3) Relating to the procedure for certifying and decertifying electrical products to be installed in this state. The Department of Consumer and Business Services, with the approval of the board, may limit the type of electrical products it accepts for certification under ORS 479.760 (3).

�� (4) Prescribing times, places and circumstances that permits shall be exhibited for inspection.

�� (5) Governing the internal organization and procedure for administering and enforcing ORS 479.510 to 479.945 and 479.995.

�� (6) Establishing, altering, approving or revoking minimum standards for electrical training programs.

�� (7)(a) Establishing which electrical products may be field evaluated by a field evaluation firm rather than certified;

�� (b) Establishing cost-based fees, requirements and procedures for approving, maintaining and suspending or revoking approvals of field evaluation firms;

�� (c) Establishing:

�� (A) Requirements and procedures for the field evaluation of electrical products; and

�� (B) Requirements and procedures for issuing field evaluation labels for the electrical products evaluated by field evaluation firms and testing laboratories;

�� (d) Establishing requirements and procedures for preparation of reports regarding installation safety issued by field evaluation firms;

�� (e) Establishing when an inspecting jurisdiction may require a report from a field evaluation firm; and

�� (f) Establishing other requirements as necessary to carry out this subsection. [1959 c.406 �19; 1963 c.151 �7; 1971 c.753 �24; 1981 c.815 �25; 1993 c.398 �1; 1993 c.744 �126; 1995 c.706 �3; 1999 c.794 �2; 2001 c.411 �23; 2003 c.299 �6; 2005 c.435 �5]

�� 479.740 Factors to be considered in adopting rules; incorporation of standards by reference. (1) In adopting rules under ORS 479.730 the Department of Consumer and Business Services shall consider:

�� (a) Technological advances in the electrical industry.

�� (b) The practicability of following the standards under consideration, if adopted.

�� (c) The probability, extent and gravity of the injury to the public or property which would result from failure to follow the standards under consideration.

�� (d) Safety standards followed, proposed or approved by responsible members of the electrical industry.

�� (2) After considering the factors in subsection (1) of this section, the department may incorporate by reference proposed safety standards of the electrical industry or independent organizations. The department may formulate and adopt independent safety standards if standards proposed by the industry and independent organizations are not acceptable to it. [1959 c.406 ��20,21]

�� 479.760 Certification of electrical products; safety indicators. (1) An electrical product may not be certified unless the product meets electrical product safety standards established in rule by concurrence of the Electrical and Elevator Board and the Director of the Department of Consumer and Business Services.

�� (2) Any person may apply to have the Department of Consumer and Business Services certify an electrical product. The department shall certify an electrical product if the product is shown to meet electrical product safety standards by one of the following methods:

�� (a) An equipment safety program approved by the board;

�� (b) Equipment minimum safety standards established by concurrence of the board and the director;

�� (c) An evaluation by an approved field evaluation firm;

�� (d) A listing from a nationally recognized testing laboratory;

�� (e) An evaluation of a first model of a product by the board; or

�� (f) Any other method approved by the board.

�� (3) To have an electrical product certified, a person may submit a specimen, sample or prototype to the department within a reasonable time before the date on which certification will be required, together with a fee set by the department sufficient to defray the cost of shipment and evaluation. The department shall evaluate the electrical product to determine whether the product meets electrical product safety standards. Not later than six months after receipt of a specimen, prototype or sample the department shall complete the required evaluation and give a decision certifying or rejecting the product. The department may appoint a special deputy or enter into an appropriate contract with a testing laboratory approved by the board under this section for the evaluation required under this subsection.

�� (4) The director with the approval of the board may establish standards and procedures for the approval of testing laboratories to test electrical products in the certification process under this section. [1959 c.406 ��16 (2) and (3),22,23; 1981 c.815 �26; 1999 c.794 �1; 2001 c.573 �17; 2003 c.299 �5]

�� 479.770 Approved electric ignition pilot required on certain appliances. No person shall sell or offer for sale in this state any new gas-fired, forced-air central space heating equipment, clothes dryer, domestic range or new gas-fired swimming pool heaters, unless such equipment, heater, dryer or range is equipped with an electric ignition pilot that complies with the rules of the Department of Consumer and Business Services adopted pursuant to ORS 479.740. [1977 c.630 �2; 1979 c.197 �1; 1981 c.815 �27]

�� 479.800 [1971 c.753 �23; 1977 c.748 �3; 1981 c.815 �28; 1983 c.740 �192; 1987 c.383 �1; repealed by 1993 c.744 �101]

�� 479.810 Administration and enforcement; Chief Electrical Inspector; inspector qualifications; rules. (1) The Electrical and Elevator Board shall administer and enforce ORS 479.510 to 479.945 and 479.995. The Director of the Department of Consumer and Business Services shall appoint an adequate staff of competent persons experienced and trained to serve as electrical inspectors. The board shall assist the director in reviewing determinations made by the staff involving electrical installations or products and to assist in formulating rules under ORS 479.730.

�� (2) The director, in consultation with the board, shall appoint a representative of the department�s staff of electrical inspectors who shall serve ex officio as secretary of the board. This person shall be known as the Chief Electrical Inspector.

�� (3) The director shall certify a person as an electrical inspector if:

�� (a) The person:

�� (A) Completes a general journeyman electrical apprenticeship program in Oregon;

�� (B) Has two years� experience as a licensed electrician in Oregon; and

�� (C) Passes the examination required for certification as a supervising electrician; or

�� (b) For a person with experience outside the State of Oregon, the person:

�� (A)(i) Has five years� experience in commercial or industrial electrical inspection; and

�� (ii) Passes the examination required for certification as a general supervising electrician; or

�� (B) Has six years of out-of-state experience as an electrician and passes the examination required for certification as a general supervising electrician.

�� (4) The board may, by rule, allow certification of persons as electrical inspectors with experience or training that does not meet the requirements specified in subsection (3) of this section.

�� (5) Rules adopted under this section shall provide for the recognition of equivalent experience acquired by a person outside the State of Oregon.

�� (6) An examination taken for purposes of applying for certification as an electrical inspector under this section shall not be valid for use in an application to become licensed as a supervising electrician. [1959 c.406 �18; 1961 c.693 �3; 1969 c.314 �53; 1971 c.753 �22; 1977 c.748 �4; 1981 c.815 �30; 1987 c.383 �2; 1993 c.574 �1; 1993 c.744 �127; 1997 c.677 �3; 2001 c.411 �24]

�� 479.815 Inspector conflicts of interest; rules. The Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, may adopt rules regulating or prohibiting conflicts of interest for electrical inspectors in regard to any work performed by an inspector or a related party under a license issued under ORS 479.630. [2003 c.675 �64]

�� 479.820 Duties and powers in enforcing law. (1) The Department of Consumer and Business Services shall:

�� (a) Check the authenticity, appropriateness and expiration dates of licenses issued under ORS

ORS 479.760

479.760 and that is not decertified.

�� (4) �Competent inspection service� means an electrical inspection service of a city or county administered under ORS 455.148 or 455.150 that employs electrical inspectors who are certified to meet standards under ORS 479.810.

�� (5) �Commercial electrical air conditioning equipment� means heating, cooling, refrigeration, dehumidifying, humidifying and filtering equipment used for climatizing or moving of air if used in commerce, industry or government and if installed in a place not accessible to the general public other than the switches regulating the operation of the equipment.

�� (6) �Demarcation point� means the place of interconnection between the communications cabling, terminal equipment or protective apparatus of the telecommunications service provider and the customer�s premises.

�� (7) �Department� means the Department of Consumer and Business Services.

�� (8) �Director� means the Director of the Department of Consumer and Business Services.

�� (9) �Dwelling unit� means one or more rooms for the use of one or more persons as a housekeeping unit with space for eating, living and sleeping and permanent provisions for cooking and sanitation.

�� (10) �Electrical installations� means the construction or installation of electrical wiring and the permanent attachment or installation of electrical products in or on any structure that is not itself an electrical product. �Electrical installation� also means the maintenance or repair of installed electrical wiring and permanently attached electrical products. �Electrical installation� does not include an oil module.

�� (11) �Electrical product� means any electrical equipment, material, device or apparatus that, except as provided in ORS 479.540, requires a license or permit to install and either conveys or is operated by electrical current.

�� (12) �Equipment� means any material, fittings, devices, appliances, fixtures, apparatus or the like that are used as part of or in connection with an electrical installation.

�� (13) �Field evaluation firm� means an independent organization that provides:

�� (a) Evaluations or testing, or both; and

�� (b) Documentation regarding compliance with electrical product safety standards and with the electrical installation safety code.

�� (14) �Industrial electrical equipment� means electrical products used in industry or government that utilize electric energy for mechanical, chemical, heating, lighting or similar purposes, that are designed to service or produce a product and that are used directly in the production of the service or product.

�� (15) �Installation label� means an adhesive tag issued by governmental agencies that administer the Electrical Safety Law to licensed electrical contractors for application to those minor electrical installations for which the board by rule determines to be appropriate for random inspections.

�� (16) �License� means a permit issued by the department under ORS 479.630 authorizing the person whose name appears as licensee thereon to act as an electrical contractor, supervising electrician, journeyman electrician, electrical apprentice or limited elevator journeyman as indicated thereon.

�� (17) �Minimum safety standards� means safety standards prescribed by concurrence of the board and the director under ORS 479.730.

�� (18) �Multifamily dwelling� means a building containing more than one dwelling unit.

�� (19) �Oil module� means a prefabricated structure manufactured to the specifications of the purchaser and used outside this state in the exploration for or processing or extraction of petroleum products.

�� (20) �Permit� means an official document or card issued by the enforcing agency to authorize performance of a specified electrical installation.

�� (21) �Single family dwelling� means a building consisting solely of one dwelling unit.

�� (22) �Telecommunications service provider� means a telecommunications carrier as defined in ORS 133.721 or a telecommunications utility or competitive telecommunications provider, both as defined in ORS 759.005.

�� (23) �Uncertified product� means any electrical product that is not an electrical product certified under ORS 479.760. [1959 c.406 �3; 1971 c.753 �55; 1973 c.834 �35; 1981 c.815 �4; 1983 c.733 �1; 1985 c.826 �3; 1987 c.414 �34; 1987 c.575 �4; 1987 c.874 �2; 1993 c.744 �118; 1995 c.706 �1; 1999 c.59 �159; 1999 c.1031 �1; 2001 c.573 �16; 2003 c.222 �1; 2003 c.299 �2; 2005 c.435 �2; 2007 c.271 �3; 2011 c.9 �67]

�� 479.540 Exemptions; rules. (1) Except as otherwise provided in this subsection, a person is not required to obtain a license to make an electrical installation on residential or farm property that is owned by the person or a member of the person�s immediate family if the property is not intended for sale, exchange, lease or rent. The following apply to the exemption established in this subsection:

�� (a) The exemption established for a person under this subsection does not exempt the work performed by the person from having to comply with the requirements for such work under ORS chapter 455 or this chapter and rules adopted thereunder.

�� (b) If the property is a building used as a residence and is for rent, lease, sale or exchange, this subsection establishes an exemption for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of the existing electrical installations on that property, but does not exempt new electrical installations or substantial alterations to existing electrical installations on that property. As used in this paragraph, �new electrical installations or substantial alterations� does not include the replacement of an existing garbage disposal, dishwasher or electric hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlord�s agent or the employee of the landlord or landlord�s agent.

�� (2) An electrical contractor license is not required in connection with an electrical installation:

�� (a) Of meters and similar devices for measuring electricity by a person principally engaged in the business of generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment.

�� (b) Of ignition or lighting systems for motor vehicles.

�� (c) To be made by a person on the person�s property in connection with the person�s business.

�� (d) To be made by a public utility, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as defined in ORS 133.721, competitive telecommunications provider as defined in ORS 759.005 or municipality for generation, transmission or distribution of electricity on property that the utility, carrier, provider or municipality owns or manages.

�� (3) A person whose sole business is generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment, is not required to obtain a license to transform, transmit or distribute electricity from its source to the service head of the premises to be supplied thereby.

�� (4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority and the person doing the repair or replacement is a member of the housing authority�s regular maintenance staff.

�� (b) A license is not required for:

�� (A) Temporary demonstrations;

�� (B) A street lighting system located on a public street or in a right of way if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems; or

�� (C) An outdoor transmission or distribution system, whether overhead or underground, if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems.

�� (c) For the purposes of this subsection, �qualified employee� means an employee who has registered with or graduated from a State of Oregon or federally approved apprenticeship course designed for the work being performed. The supervising electrician signature required under ORS 479.560 (1)(b) does not apply to contractors working under this subsection.

�� (5) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:

�� (a) To electrical products owned by, supplied to or to be supplied to a public utility as defined in ORS 757.005, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as defined in ORS 133.721 or competitive telecommunications provider as defined in ORS 759.005;

�� (b) To electrical installations made by or for a public utility, consumer-owned utility, telecommunications carrier or competitive telecommunications provider if the electrical installations are an integral part of the equipment or electrical products of the utility, carrier or provider; or

�� (c) To any electrical generation plant owned or operated by a municipality to the same extent that a utility, telecommunications carrier or competitive telecommunications provider is exempted under paragraphs (a) and (b) of this subsection.

�� (6) A permit is not required:

�� (a) For the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority; or

�� (b) For the repair, alteration or replacement of existing electrical products or electrical installations authorized by ORS 479.560 (3) at an industrial plant, a commercial office building, a building that is owned, leased, managed or operated by the state or a local government entity or other facilities designated by the Electrical and Elevator Board when the owner, operating manager or electrical contractor of the facility meets the provisions of ORS

ORS 479.995

479.995. This subsection does not require a city or county to assume full responsibility for enforcement, inspection and administration of the electrical safety laws if the only enforcement performed by the city or county involves manufactured dwelling electrical utility connections.

�� (3) The department, subject to ORS chapter 183, shall revoke any authority of a city or county to carry on inspections, enforcement or administration of electrical installations and electrical products under ORS 455.148 or 455.150 if the department determines that the city or county fails to comply with standards adopted by the board or otherwise is not effectively carrying out duties assumed by the city or county under this section.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a city or county may not contract with competing electrical contractors to provide permit inspection of electrical installations.

�� (b) A city or county may contract with competing electrical contractors to provide permit inspection of electrical installations on a temporary basis by a supervising electrician if:

�� (A) Emergency circumstances exist; and

�� (B) The city or county has requested that the department perform permit inspections and the department is unable to respond in a timely manner.

�� (c) Nothing in this subsection prohibits a city or county from contracting with another city or county to perform permit inspections of electrical installations by a supervising electrician.

�� (5) A city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections. [1981 c.815 �37; 1987 c.575 �1; 1991 c.368 �3; 1991 c.373 �1; 1991 c.439 �1; 1993 c.451 �3; 2001 c.573 �20]

�� 479.860 Persons authorized to design, plan and lay out electrical installations; rules. (1) Notwithstanding any other provision of law, a person who is the holder of a supervising electrician�s license:

�� (a) Who is employed by the holder of an electrical contractor�s license may design, plan and lay out electrical installations for customers of the electrical contractor without obtaining any other license, permit or certificate; or

�� (b) Who is employed by an industrial plant may design, plan and lay out electrical installations for that industrial plant.

�� (2) The Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board and the State Board of Examiners for Engineering and Land Surveying, may adopt rules designating classes of board licensees that may design, plan and lay out noncomplex electrical installations. Licensees are not subject to any requirement for an additional license, permit, certificate or registration when engaging in the design, planning or laying out of electrical installations as authorized by a rule adopted under this subsection. [1987 c.384 �2; 2005 c.570 �1]

�� 479.870 Electrical and Elevator Board to prescribe uniform fee calculation and permit format; review; rules. (1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format.

�� (2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate limited energy electrical activity permit and the conditions that apply to the permit.

�� (3) The board shall adopt rules setting standards for timely review, personnel to conduct review and other plan review requirements. [1989 c.591 �2; 1991 c.529 �9; subsection (3) enacted as 1991 c.439 �2; 2001 c.728 �3]

�� 479.905 Definitions for ORS 479.870 and 479.905 to 479.945. For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise:

�� (1) �Class A limited energy technician� means a person licensed to install, alter and repair all limited energy systems.

�� (2) �Class B limited energy technician� means a person licensed to install, alter and repair all limited energy systems that do not include protective signaling, including but not limited to:

�� (a) HVAC;

�� (b) Medical;

�� (c) Boiler controls;

�� (d) Intercom and paging systems;

�� (e) Clock systems;

�� (f) Data telecommunication installations; and

�� (g) Instrumentation.

�� (3) �HVAC� means thermostat and associated control wiring of heating, ventilation, air conditioning and refrigeration systems. �HVAC� does not include boiler controls.

�� (4) �Limited energy electrical activity� means installation, alteration, maintenance, replacement or repair of electrical wiring and electrical products that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes for landscape low voltage lighting systems that are cord connected to a ground fault circuit interrupter receptacle, under the electrical specialty code and the Low-Rise Residential Dwelling Code.

�� (5) �Protective signaling� includes fire alarm, nurse call, burglar alarm, security and voice evacuation systems and other systems that are part of a fire or life safety system. [1991 c.529 �3; 1999 c.519 �1; 2001 c.728 �4; 2003 c.675 �45]

�� 479.910 Limited energy technician license; compliance with other laws; fees; continuing education. (1) Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905.

�� (2) A person licensed under this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

�� (3) The application fee, and the renewal fee, for a Class B limited energy technician license are the same as those for a Class A limited energy technician license.

�� (4) The Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed 24 hours of classes every three years. [1991 c.529 �2; 1999 c.1031 �10; 2001 c.728 �5; 2003 c.14 �332; 2007 c.271 �6]

�� 479.915 Limited energy technician license requirements. (1) An applicant for a Class B limited energy technician license must:

�� (a) Submit proof satisfactory to the Electrical and Elevator Board that the person has:

�� (A) At least two years of experience as an apprentice in limited energy electrical activity; or

�� (B) At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and completed a board-approved 32-hour training program; and

�� (b) Pass a written examination approved by the board and administered by the Department of Consumer and Business Services.

�� (2) An applicant for a Class A limited energy technician license must:

�� (a) Submit proof satisfactory to the board that the person has completed at least three years of experience as an apprentice, or the equivalent as determined by the board by rule, in a recognized branch of the electrical trade; and

�� (b) Pass a written examination prepared by the board and administered by the department.

�� (3) The board shall determine the adequacy of any training program for qualification under the requirements of this section and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.

�� (4) The department shall issue a Class A limited energy technician license to a person who qualifies under subsection (2) of this section and pays the required fees. [1991 c.529 �4; 2001 c.728 �6; 2007 c.548 �4]

�� 479.920 [1991 c.529 �5; repealed by 2001 c.728 �10]

�� 479.930 [1991 c.529 �6; 1993 c.497 �2; repealed by 2001 c.728 �10]

�� 479.940 Activities not subject to licensure under ORS 479.510 to 479.945; identification cards. (1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code:

�� (a) Prewiring of cable television and telephone systems owned by the owner of the residence;

�� (b) Garage door openers;

�� (c) Vacuum systems;

�� (d) Audio and stereo systems;

�� (e) HVAC;

�� (f) Landscape sprinkler controls;

�� (g) Landscape lighting; and

�� (h) Doorbells.

�� (2) The provisions of subsection (1) of this section apply only to residential contractors holding a current license and proper endorsement issued by the Construction Contractors Board.

�� (3)(a) The licensure provisions of ORS 479.510 to 479.945 do not apply to a landscape contracting business licensed under ORS 671.510 to 671.760 when making installations of landscape irrigation control wiring and outdoor landscape lighting involving a Class II or Class III system that does not exceed 30 volts and 750 volt-amperes.

�� (b) A landscape contracting business exempt from licensing under this subsection shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscape contracting business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

�� (4) The licensure provisions of ORS 479.510 to 479.945 do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

�� (5) All nonlicensure requirements of ORS 479.510 to 479.945, including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person�s or business�s right to use this provision. [1991 c.529 �7; 1999 c.402 �4; 2001 c.728 �7; 2003 c.14 �333; 2003 c.675 �46; 2007 c.385 �1; 2007 c.541 �5a; 2007 c.836 �46]

�� 479.943 Activities not subject to licensure under ORS 479.905 to 479.945. The licensure provisions of ORS

ORS 498.351

498.351 in 1995]

�� 498.270 [Repealed by 1959 c.352 �5]

�� 498.272 [Formerly 498.145; repealed by 1973 c.723 �130]

�� 498.274 [1973 c.723 �102; 1987 c.488 �4; 1995 c.426 �9; renumbered 498.346 in 1995]

�� 498.275 [Repealed by 1959 c.352 �5]

�� 498.276 [1991 c.858 �9; renumbered 498.336 in 1995]

ANGLING CONTESTS

�� 498.279 Black bass and walleye angling contests; rules. (1) A person, or group of persons, may conduct, sponsor and participate in any competition or contest in which prizes are offered for the amount, quality, size, weight or other physical characteristics of black bass or walleye, provided that the rules of a competition or contest are prepared and distributed by the sponsors to the contestants and are administered and enforced by the sponsors. Except as provided in subsection (2) of this section, such rules shall include, but are not limited to:

�� (a) A requirement that the contestants use aerated live wells or other equipment so that all reasonable efforts are made to maintain the fish taken in a live and healthy condition.

�� (b) A requirement that all fish caught that are in a healthy condition are immediately returned to the water where they were caught, after weighing. Black bass may be turned over to the State Department of Fish and Wildlife for restocking.

�� (c) A requirement that bass tournament contestants use only artificial or other such prepared baits.

�� (2) The State Department of Fish and Wildlife may waive any of the requirements described in subsection (1) of this section if the department determines that limiting a population of black bass or walleye in a body of water would benefit native fish species or the ecological health of the body of water.

�� (3) As used in this section, �black bass� means largemouth bass, smallmouth bass, redeye bass, spotted bass and all other basses of the genus Micropterus.

�� (4) The State Fish and Wildlife Commission may adopt rules to limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests under this section. [1981 c.510 �3; 1985 c.562 �1; 1987 c.299 �1; 2001 c.186 �1; 2023 c.48 �1]

�� 498.280 [Repealed by 1973 c.723 �130]

�� 498.284 [1989 c.373 �2; repealed by 2001 c.186 �3]

�� 498.285 [Repealed by 1973 c.723 �130]

�� 498.286 Prize limitation. (1) Except as provided in subsection (2) of this section and ORS 498.279, no person shall conduct, sponsor or participate in any competition or contest in which any prize of a retail value of more than $1,000 is offered for the amount, quality, size, weight or other physical characteristic of game fish taken.

�� (2) When a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, the State Fish and Wildlife Commission, by rule, may limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests. [1989 c.373 �4; 1997 c.12 �1; 2001 c.186 �2]

�� 498.290 [1961 c.129 �1; repealed by 1973 c.723 �130]

�� 498.295 [Repealed by 1957 c.235 �1]

�� 498.300 [Repealed by 1959 c.352 �5]

SCREENING AND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS

�� 498.301 Policy. It is the policy of the State of Oregon to prevent appreciable damage to game fish populations or populations of nongame fish that are classified as sensitive species, threatened species or endangered species by the State Fish and Wildlife Commission as the result of the diversion of water for nonhydroelectric purposes from any body of water in this state. [1993 c.478 �2]

�� 498.305 [Repealed by 1959 c.352 �5]

�� 498.306 Screening or by-pass devices for water diversions; fees; costs. (1) Any person who diverts water from any body of water in this state in which any fish, subject to the State Fish and Wildlife Commission�s regulatory jurisdiction, exist may be required to install, operate and maintain screening or by-pass devices to provide adequate protection for fish populations present at the water diversion in accordance with the provisions of this section.

�� (2)(a) The State Department of Fish and Wildlife shall establish a cost-sharing program to implement the installation of screening or by-pass devices on not less than 150 water diversions or 150 cubic feet per second of diverted water per biennium. The department shall select the water diversions to be screened from the priority listing of diversions established by the department and reviewed by the Fish Screening Task Force. The installation of a screening or by-pass device may be required only if:

�� (A) The water diversion is 30 cubic feet per second or more;

�� (B) A new water right is issued for the water diversion;

�� (C) The point of water diversion is transferred as described in ORS 540.525;

�� (D) Fewer than 150 persons per biennium volunteer to request such installation on the diversions for which they are responsible; or

�� (E) The Fish Screening Task Force has reviewed and approved the department�s request to require installation of screening or by-pass devices in order to complete the screening of a stream system or stream reach.

�� (b) The limitations on the number of diversions or cubic feet per second of diverted water to be screened as provided in this section do not prevent the installation of screening and by-pass devices for diversions by persons responsible for diversions who are willing to pay the full cost of installing screening and by-pass devices.

�� (c) Cost-sharing program funds may not be provided under this subsection for screening or by-pass devices on a water diversion involving water rights issued on or after January 1, 1996, unless the Fish Screening Task Force finds there is good cause to allow an exception. The department shall give preference to diversions of 30 cubic feet per second or less when making cost-sharing program funds available.

�� (3) When selecting diversions to be equipped with screening or by-pass devices, the department shall attempt to solicit persons who may volunteer to request the installation of such devices on the diversions for which they are responsible. When selecting diversions to be equipped with screening or by-pass devices, the department shall select those diversions that will provide protection to the greatest number of indigenous naturally spawning fish possible.

�� (4) If the department constructs and installs the screening or by-pass device, a fee shall be assessed against the person responsible for the diversion in an amount that does not exceed 40 percent of the construction and installation costs of the device. The fee shall be paid into the Fish Screening Subaccount. If the person responsible for the diversion constructs and installs the by-pass or screening device, the person shall be reimbursed from the Fish Screening Subaccount or other state funds in an amount that does not exceed 60 percent of the actual construction and installation costs of the device.

�� (5) The department�s cost of major maintenance and repair of screening or by-pass devices shall be paid from the Fish Screening Subaccount.

�� (6) The department is responsible for major maintenance and repair of screening or by-pass devices at water diversions of less than 30 cubic feet per second, and if failure by the department to perform major maintenance on or repair such devices results in damage or blockage to the water diversion on which a device has been installed, the person responsible for the water diversion shall give written notice of such damage or blockage to the department. If within seven days of the notice, the department fails to take appropriate action to perform major maintenance on or repair the device, and to repair any damage that has occurred, the person responsible for the water diversion may remove the device. If an emergency exists that will result in immediate damage to livestock or crops, the person responsible for the water diversion may remove the screening or by-pass device. A person required to comply with this section is responsible for minor maintenance and shall, in a timely manner, notify the department of the need for activities associated with major maintenance.

�� (7) A person who diverts water at a rate of 30 cubic feet per second or more is responsible for all maintenance of an installed screening or by-pass device.

�� (8) A person required to comply with this section may design, construct and install screening or by-pass devices adequate to prevent fish from leaving the body of water and entering the diversion or may request the department to design, construct and install such devices. However, if a person required to comply with this section fails to comply within 180 days after notice to comply by the department, the department shall design, install, operate and maintain on that person�s water diversion appropriate screening or by-pass devices and shall charge and collect from the person the actual costs thereof in an amount not to exceed the average cost for diversions of that size.

�� (9) If the diversion requiring screening or by-pass devices is located on public property, the department shall obtain from the property owner approval or permits necessary for such devices. Activities of the department pursuant to this section may not interfere with existing rights of way or easements of the person responsible for the diversion.

�� (10)(a) The department or its agent has the right of ingress and egress to and from those places where screening or by-pass devices are required, doing no unnecessary injury to the property of the landowner, for the purpose of designing, installing, inspecting, performing major maintenance on or repairing such devices.

�� (b) If a screening or by-pass device installed by the department must be removed or replaced due to inadequate design or faulty construction, the person responsible for the diversion shall bear no financial responsibility for its replacement or reconstruction.

�� (c) If a screening or by-pass device installed by the person responsible for the diversion must be removed or replaced due to faulty construction, the person shall bear full financial responsibility for its replacement or reconstruction.

�� (d) If the person responsible for a diversion on which a screening or by-pass device is installed fails to conduct appropriate inspection and minor maintenance, the department may perform such activities and charge and collect from the person responsible a fee not to exceed $150 for each required visit to the location of the screening or by-pass device.

�� (e) If the department determines that a person must install, operate, maintain, repair or replace a screening or by-pass device under this section, the department shall notify the person, by registered mail, of the specific action the person is required to take. The person may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183.

�� (11) A person may not interfere with, tamper with, damage, destroy or remove in any manner not associated with regular and necessary maintenance procedures any screening or by-pass devices installed pursuant to this section.

�� (12) The department may maintain an action to cover any costs incurred by the department when a person who is required to comply with this section fails to comply. Such action shall be brought in the circuit court for the county in which the screening or by-pass device is located.

�� (13) Upon receiving notice from the department to comply with this section, a person responsible for a water diversion may be excused from compliance if the person demonstrates to the Fish Screening Task Force that:

�� (a) The installation and operation of screening or by-pass devices would not prevent appreciable damage to the fish populations in the body of water from which water is being diverted.

�� (b) Installation and operation of screening or by-pass devices would not be technically feasible.

�� (c) Installation of screening or by-pass devices would result in undue financial hardship.

�� (14)(a) Not later than January 1, 1996, the department, with the assistance of the Fish Screening Task Force and the Water Resources Department, shall establish and publish an updated priority listing of 3,500 water diversions in the state that should be equipped with screening or by-pass devices. Changes may be made to the list whenever deletions are made for any reason. The priority listing shall include the name and address of the person currently responsible for the water diversion, the location of the diversion, size of the diversion, type of screening or by-pass device required, estimated costs for construction and installation of screening or by-pass devices for the individual diversion and species of fish present in the water body. When developing the priority listing, the department shall base priorities for the installation of screening or by-pass devices on unscreened diversions on the following criteria:

�� (A) Fish species status.

�� (B) Fish numbers.

�� (C) Fish migration.

�� (D) Diversion size.

�� (E) Diversion amount.

�� (F) Any other criteria that the department, in consultation with the Fish Screening Task Force, considers appropriate.

�� (b) Criteria identified in this subsection shall be given appropriate consideration by the department when updating its priority listing. The priority listing will be updated to give the highest priority to those diversions that save the greatest number of fish and simultaneously protect the greatest number of threatened or endangered fish species.

�� (c) After the priority listing has been updated, the persons responsible for the diversions on the list shall be notified that their diversions appear on the list. Such persons also shall be furnished a description of the fish screening cost-sharing program.

�� (d)(A) The department shall notify, by means of registered mail, each person responsible for the first 250 diversions on the priority listing on or before January 1, 1996. The department shall furnish information regarding the fish screening cost-sharing program to each person responsible for a diversion included in the first 250 diversions on the priority listing on or before January 1, 1996. A person may not be required to install a screening or by-pass device unless previously notified by the department of the requirement to install such devices.

�� (B) On January 1 of each even-numbered year, the department shall notify each person responsible for a diversion included in the first 250 diversions on the priority listing. However, the department is not required to notify in a subsequent year any person previously notified. The department shall include with such notification information regarding the fish screening cost-sharing program.

�� (C) Before any person is required to install a screening or by-pass device, the department shall confirm the need for the device through a visual, on-site inspection by appropriate staff of the fish screening division of the department, or a district biologist of the department.

�� (15) As used in this section:

�� (a) �Behavioral barrier� means a system that utilizes a stimulus to take advantage of natural fish behavior to attract or repel fish. A behavioral barrier does not offer a physical impediment to fish movement, but uses such means as electricity, light, sound or hydraulic disturbance to move or guide fish.

�� (b) �Body of water� includes but is not limited to irrigation ditches, reservoirs, stock ponds and other artificially created structures or impoundments.

�� (c) �By-pass device� means any pipe, flume, open channel or other means of conveyance that transports fish back to the body of water from which the fish were diverted but does not include fishways or other passages around a dam.

�� (d) �Fish screen� means a screen, bar, rack or other barrier, including related improvements necessary to ensure its effective operation, to provide adequate protection for fish populations present at a water diversion.

�� (e) �Major maintenance� means all maintenance work done on a screening or by-pass device other than minor maintenance.

�� (f) �Minor maintenance� means periodic inspection, cleaning and servicing of screening or by-pass devices at such times and in such manner as to ensure proper operation of the screening or by-pass device.

�� (g) �Person� means any person, partnership, corporation, association, municipal corporation, political subdivision or governmental agency.

�� (h) �Screening device� means a fish screen or behavioral barrier. [1991 c.858 �2; 1993 c.478 �4; 1995 c.426 �1; 2005 c.22 �370; 2007 c.625 �1]

�� 498.310 [Repealed by 1973 c.723 �130]

�� 498.311 [Formerly 498.248; repealed by 2007 c.625 �16]

�� 498.315 [Repealed by 1973 c.723 �130]

�� 498.316 Exemption from screening or by-pass devices. ORS 498.306 does not require the installation of screening or by-pass devices in those water diversions for which the State Fish and Wildlife Commission, by contract or other form of agreement with the person diverting the water, has made such other provision as the commission determines is adequate for the protection of the game fish in the body of water from which water is being diverted. [Formerly 498.262; 2007 c.625 �6]

�� 498.321 Screening or by-pass standards. (1) In order to carry out the provisions of ORS 498.301 and 498.306, the following minimum standards and criteria apply to actions of the State Fish and Wildlife Commission and the State Department of Fish and Wildlife with regard to fish screening or by-pass devices:

�� (a) Standards and criteria shall address the overall level of protection necessary at a given water diversion and may not favor one technology or technique over another.

�� (b) Standards and criteria shall take into account at least the following factors relating to the fish populations present at a water diversion:

�� (A) The source of the population, whether native or introduced and whether hatchery or wild.

�� (B) The status of the population, whether endangered, threatened or sensitive.

�� (c) Standards and criteria may take into account the cumulative effects of other water diversions on the fish populations being protected.

�� (d) Design and engineering recommendations shall consider cost-effectiveness.

�� (e) Alternative design and installation proposals must be approved if they can be demonstrated to provide an equal level of protection to fish populations as those recommended by the department.

�� (2) In order to maximize effectiveness and promote consistency relating to the protection of fish at nonhydroelectric water diversions, the department shall establish a single organizational entity to administer all agency activities related to fish screening and by-pass devices.

�� (3) The department shall emphasize cooperative effort and mutual understanding with those responsible for water diversions that need fish screening or by-pass devices.

�� (4) The department shall aggressively investigate and encourage the development of new technologies and techniques to provide protection for fish populations at water diversions in order to reduce initial costs, reduce operating costs and improve cost-effectiveness. [1993 c.478 �3; 2005 c.22 �371]

�� 498.326 Department guidelines for screening and by-pass projects; expenditure of funds. (1) The State Department of Fish and Wildlife shall establish guidelines to determine the need for and location of potential fish screening and by-pass projects. The guidelines shall include a plan to be used for determining priorities for and expected costs of installing and maintaining the fish screening and by-pass devices.

�� (2) Nothing in subsection (1) of this section is intended to prevent the State Department of Fish and Wildlife from expending federal or other funds if such funds become available for the installation and maintenance of fish screening and by-pass projects. [Formerly 498.256]

�� Note: 498.326 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 498.331 [1993 c.478 �11; 1995 c.426 �18; 2001 c.822 �9; repealed by 2007 c.625 �16]

�� 498.336 Statutes not construed to limit ability to acquire funding for screening or by-pass devices. Nothing in ORS 498.306 or 509.585 shall be construed:

�� (1) To limit the eligibility of a person required to install and operate screening or by-pass devices to obtain funding from the Water Development Fund pursuant to ORS

ORS 506.036

506.036 and 622.210 to 622.310 affects any oyster cultivation right acquired prior to January 1, 1982, pursuant to chapter 675, Oregon Laws 1969. [1981 c.638 �12; 2015 c.814 �3]

�� 622.320 Plats as private property; restriction of public use of waters prohibited. Any plats of lands for the cultivation of oysters, clams or mussels held by citizens of this state, if distinctly marked out by means which do not obstruct navigation, and not exceeding the extent allowed by regulations, shall be deemed and protected as private property. Such plats, however, shall not restrict the rights of the public to the use of the waters of this state in a normal and customary manner. [Formerly 509.455; 1997 c.375 �8]

�� 622.330 Private oyster beds acquired under prior law not affected. Except as required in ORS 622.270 for production reporting, nothing in ORS 509.505, 511.625, 622.210 to 622.300 and 622.320 interferes with any rights in, or ownership of, any private plantations of oysters or oyster beds acquired or held under law existing on February 17, 1921. [Formerly 509.470; 2015 c.814 �4]

�� 622.340 Transfer by reference to filed plat; fee. (1) Sales, leases, assignments, conveyances, relinquishments and other transfers of oyster plantations and claims, or parts thereof, or of plats for the cultivation of oysters, clams or mussels may be made by reference to the plat filed as provided in ORS 622.210 to 622.300 and

ORS 530.040

530.040 may be exchanged only if the county court or board of county commissioners of each county in which the land is situated has been provided notice of the proposed exchange and the opportunity to consult, coordinate and comment on the proposed exchange. The board shall provide the county with adequate compensation for the exchange.

�� (5) The board shall consummate by legal conveyance an expansion or exchange described in this section.

�� (6) After an expansion or exchange of lands under this section:

�� (a) The board shall establish by resolution the lands constituting the forest; and

�� (b) The lands acquired by expansion or exchange become part of the forest on the date on which the board adopts the resolution described in paragraph (a) of this subsection. [2025 c.325 �3]

�� 273.840 Elliott State Research Forest Account. (1) The Elliott State Research Forest Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account.

�� (2) The account shall consist of all moneys deposited in the account. Moneys in the account may be invested as provided in ORS 293.701 to 293.857. Moneys in the account are continuously appropriated to the Department of State Lands for carrying out the provisions of ORS 273.830 and 273.835.

�� (3) Moneys generated from owning or operating the Elliott State Research Forest, including from any sale of forest products, carbon or ecosystem services or credits or easement, and any other revenues related to the forest, shall be deposited in the account.

�� (4) The department may receive gifts, grants, bequests, endowments and donations of moneys from public and private sources for the purpose of contributing to the management and enhancement of the forest, including for activities such as recreation, education, interpretation, research and monitoring, cultural resources management and habitat improvement.

�� (5) The department may apply for, accept and utilize grants from any source, including federal, state or local governments or private entities, to further the purposes set forth in ORS 273.830 and 273.835.

�� (6) The department shall deposit moneys received under subsection (4) or (5) of this section in the account. The department may expend moneys received under subsection (4) or (5) of this section only for purposes specified in the gift, grant, bequest, endowment or donation. If no purpose is specified, the department may use the moneys for the management and enhancement of the forest in a manner consistent with the purposes set forth in ORS 273.830 and 273.835.

�� (7) The department shall keep a record of all moneys deposited in the account. The record shall indicate the sources of moneys and the individual activity or program against which each withdrawal from the account is charged. [2025 c.325 �4]

SETTLEMENT OF TITLE TO CERTAIN LANDS IN CLATSOP COUNTY

�� 273.850 State title to certain lands and improvements transferred to Clatsop County; lands not subject to board jurisdiction. (1) In the manner and under the conditions set out in ORS 273.850 to 273.890, and notwithstanding any other law, the State of Oregon shall remise, release and forever quitclaim to Clatsop County all rights, title and interest that may remain or be vested in the state with respect to lands described in subsection (2) of this section and any improvements thereon (excluding bridges, wharves, quays, docks, piers, marinas or similar structures protruding above the line of ordinary high water), that are located within the following described area: Those portions of sections 12 and 13 of township 8 north, range 10 west of the Willamette Meridian, and sections 2, 7, 8, 9, 10, 11, 16, 17 and 18, and the south one-half of section 3, of township 8 north, range 9 west of the Willamette Meridian, that are within the boundaries of the City of Astoria as such boundaries existed on June 13, 1969.

�� (2) Subsection (1) of this section applies to lands created before May 28, 1963, by artificial fill or deposit on lands formerly submersible or submerged, if such lands were possessed under color of title by a person or governmental entity, or predecessors in interest of such person or governmental entity, throughout the period beginning when such lands were created and ending on January 1, 1970.

�� (3) Nothing in ORS 273.850 to 273.890 applies with respect to land that remained submerged or submersible on May 28, 1963.

�� (4) For purposes of section 5, Article VIII, Oregon Constitution, lands described in subsections (1) and (2) of this section are not under the jurisdiction of the State Land Board on or after January 1, 1970. [1969 c.495 ��1,4]

�� 273.855 Clatsop County to transfer title to lands and improvements to certain possessors; fee on execution of deed. (1) ORS 273.850 (1) and (2) apply with respect to any lands described therein only when the Board of County Commissioners of Clatsop County executes and delivers a deed remising, releasing and forever quitclaiming all rights, title and interest that may remain or be vested in such county with respect to such lands, to a person or governmental entity that has been found under subsections (3), (4) and (5) of this section and ORS 273.860 to 273.880 to have such possession of the lands as of the time of application for a deed under ORS

ORS 530.520

530.520. [1957 c.240 �6; 1959 c.141 �2; 1967 c.396 �7; 1969 c.194 �1; 2001 c.752 �9; 2005 c.103 �38; 2015 c.447 �2]

�� 530.510 Exchanges of land. (1) The State Forester may propose and initiate any exchange of Common School Forest Lands, or propose and initiate any exchange of timber on such lands, for land of approximately equal aggregate value, when any such exchange is in the furtherance of the purposes of ORS 530.460 to 530.520. However:

�� (a) The State Land Board and the State Board of Forestry shall, each separately, approve such exchanges by resolutions of the respective boards; and

�� (b) The county court or board of county commissioners of the county, or counties, in which such land is situated, shall approve such exchange, and after such approval the exchanges shall be consummated by legal conveyance from the Department of State Lands.

�� (2) Under the authority granted in this section, in addition to land to be exchanged, a monetary consideration may be provided or received where necessary to make the values comply with this section. No exchange shall be made until title to the lands to be received has been approved by the Attorney General. All lands received in exchange shall have the same status and be subject to the same provisions of law as the lands given in exchange therefor. [1957 c.240 �9; 1959 c.141 �5; 1967 c.396 �8; 1969 c.194 �2; 1969 c.594 �59; 2025 c.325 �9]

�� 530.520 Use of receipts; manner of paying administrative expenses. (1) Excepting receipts from the easements and leases designated in ORS 530.490 (3), all receipts from the Common School Forest Lands shall be paid into the Common School Fund and are continuously appropriated to the Department of State Lands for the purposes for which other moneys in the Common School Fund may be used and to reimburse the Common School Forest Revolving Fund as provided in subsection (2) of this section.

�� (2)(a) The Common School Forest Revolving Fund, in an amount not exceeding $300,000, is established as a fund, separate and distinct from the General Fund, in the State Treasury. Interest earned by the fund shall be credited to the fund. The revolving fund is continuously appropriated to the State Forester for the payment of administrative expenses incurred by the State Forester in the management, control and protection of the Common School Forest Lands and in processing the sale of forest products and the disposal of privileges under ORS

ORS 530.990

530.990�� Penalties for forest management violations

MULTISERIES DEFINITIONS

�� 530.005 Definitions for ORS 530.010 to 530.170 and 530.210 to 530.280. As used in ORS 530.010 to 530.170 and 530.210 to 530.280:

�� (1) �Bond-related costs� means:

�� (a) The costs and expenses of issuing, administering and maintaining bonds, including but not limited to paying principal and interest, and premiums if any, on general obligation or revenue bonds, redeeming general obligation or revenue bonds, paying amounts due in connection with credit enhancements or any instruments authorized by ORS 286A.580 (6) and paying the administrative costs and expenses of the State Treasurer and the State Forestry Department, including costs of consultants or advisors retained by the treasurer or the department for the bonds;

�� (b) The costs of funding any bond reserves;

�� (c) Capitalized interest for bonds;

�� (d) Rebates or penalties due to the United States in connection with the bonds; and

�� (e) Any other costs or expenses that the State Treasurer or the State Forestry Department determines are necessary or desirable in connection with issuing, administering or maintaining the bonds.

�� (2) �Reforestation� means to increase tree stocking to a level that meets or exceeds the stocking standards relating to productivity specified by the State Board of Forestry by rule. [2009 c.831 �1]

�� Note: 530.005 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 530 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ACQUISITION, MANAGEMENT AND DEVELOPMENT OF STATE FORESTS

�� 530.010 State Board of Forestry authorized to acquire lands; limitations; lands designated as state forests. (1) The State Board of Forestry, referred to in this chapter as the board, in the name of the State of Oregon, may acquire, by purchase, donation, devise or exchange from any public, quasi-public or private owner, lands which by reason of their location, topographical, geological or physical characteristics are chiefly valuable for the production of forest crops, watershed protection and development, erosion control, grazing, recreation or forest administrative purposes.

�� (2) The board shall not acquire any land without prior approval, duly made and entered, of the county court or board of county commissioners of the county in which the lands are situated.

�� (3) Lands acquired under the provisions of this section shall be designated as state forests. [Amended by 1953 c.43 �2; 1967 c.396 �1]

�� 530.020 Title to acquired lands; encumbrances; Attorney General approval of title; cure of defects; recording. Title to all lands acquired by the State Board of Forestry under ORS 530.010 shall be free and clear of all encumbrances except easements of rights of way and reservations or exceptions of gas, oil, coal, mineral and timber rights, unless the board determines other encumbrances will not unduly limit the management of the lands consistent with ORS 530.010 to 530.170. All titles shall be approved by the Attorney General before conveyance is accepted. However, the Attorney General may approve title to lands proposed to be acquired from counties under the provisions of ORS 530.030 or proposed to be acquired by donation or devise when, in the opinion of the Attorney General, existing defects of title are of formal nature and may be cured by suit to quiet title. In case of acquisition of lands with defective title, the Attorney General may institute suit to quiet title to such lands, and all costs in connection therewith shall be a proper charge against the funds of the board. All deeds, abstracts, title insurance policies, and other evidences of title to lands acquired under ORS 530.010 to 530.040 shall be deposited with the Secretary of State. All deeds shall promptly be recorded in the county in which the lands are situated. [Amended by 1955 c.421 �1; 2009 c.831 �9]

�� 530.025 Interests in acquired lands; management of lands; sales. For acquisitions made by the State Board of Forestry on or after July 28, 2009:

�� (1) The board may hold and manage lands alone or in cooperation with other entities, including but not limited to community forest authorities under ORS 530.600 to 530.628.

�� (2) The board may acquire lands or partial interest in lands, including but not limited to conservation easements.

�� (3) Subject to any covenants under ORS 530.130 or 530.147, the board may sell lands or partial interest in lands, including but not limited to conservation easements, to other parties if the board determines that the other parties are better situated to manage the lands for the long term. [2009 c.831 �2]

�� Note: 530.025 was added to and made a part of 530.010 to 530.170 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 530.030 Conveyance of county lands to state; consideration; adjustment of delinquent fire patrol liens; contracts concerning removal of timber and disposition of proceeds from sale thereof. (1) The county court or board of county commissioners of any county may convey to the state for state forests any lands heretofore or hereafter acquired by such county through foreclosure of tax liens, or otherwise, that are within the classification of lands authorized to be acquired under ORS 530.010, if the State Board of Forestry deems such lands necessary or desirable for acquisition, in consideration of the payment to such county of the percentage of revenue derived from such lands as provided in ORS 530.110. In connection with any such conveyance, the State Board of Forestry shall have authority to make equitable adjustments with any county of accrued delinquent fire patrol liens on lands heretofore or hereafter acquired by such county by foreclosure of tax liens.

�� (2) As to such lands acquired by the State Board of Forestry with title to the timber remaining in the county for a designated period of time, the State Forester may enter into contracts with the county to supervise the removal and sale of such timber, and under such contracts the gross proceeds of the sale thereof shall be disposed of as follows:

�� (a) Ten percent of such gross proceeds shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the purposes and under the limitations set out in ORS 530.110 (1)(a).

�� (b) A percentage of such gross proceeds shall be accepted by the State Forester, pursuant to written contract with the county authority, as compensation for the supervision and management of county-owned timber. The moneys so derived shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the supervision and management of state forests acquired pursuant to ORS 530.010. [Amended by 1953 c.65 �5; 1957 c.83 �13; 1965 c.423 �1; 2007 c.71 �171]

�� 530.040 Exchange of forestland or timber; reservations; hearing; approval of title; status of lands received. (1) It is desirable that lands acquired under the provisions of ORS 530.010 shall be consolidated in areas wherever possible through exchanges of land. It is recognized that the management of state forests will be more economically feasible through such consolidation.

�� (2) In order to accomplish the objectives of subsection (1) of this section, the State Board of Forestry may exchange any land acquired under the provisions of ORS 530.010, or may exchange the timber on such land, for land of approximately equal aggregate value, situated in the same county, when such exchange is in furtherance of the purposes of ORS 530.010. However, the State Board of Forestry may exchange land or timber situated in one county or counties for land situated in another county or counties if such exchange is first approved by the county court or board of county commissioners of each county involved. Either party to any such exchange may make reservations of easements, rights of use and other interests and rights. Under the authority granted in this section, the State Board of Forestry may provide or receive, in addition to land to be exchanged, a monetary consideration where necessary to make the values comply with this subsection.

�� (3) Before making any such exchange, the State Board of Forestry shall hold a hearing thereon at the courthouse of the county in which such lands are situated and shall give notice of the time and place thereof by publication in two successive issues of a newspaper of general circulation published in such county. The notice shall contain a description of the lands to be given and to be received in the proposed exchange. However, no such exchange shall be made until the title to the lands to be received has been approved by the Attorney General.

�� (4) All lands received in exchange shall have the same status and be subject to the same provisions of law as the lands given in exchange therefor. [Amended by 1955 c.421 �2; 1959 c.103 �1; 1967 c.396 �2; 2007 c.71 �172]

�� 530.050 Management of lands acquired; powers of forester; rules. Under the authority and direction of the State Board of Forestry except as otherwise provided for the sale of forest products, the State Forester shall manage the lands acquired pursuant to ORS 530.010 to 530.040 so as to secure the greatest permanent value of those lands to the state, and to that end may:

�� (1) Protect the lands from fire, disease and insect pests, cooperate with the counties and with persons owning lands within the state in the protection of the lands and enter into all agreements necessary or convenient for the protection of the lands.

�� (2) Sell forest products from the lands, and execute mining leases and contracts as provided for in ORS 273.551.

�� (3) Enter into and administer contracts for the sale of timber from lands owned or managed by the State Board of Forestry and the State Forestry Department.

�� (4) Enter into and administer contracts for activities necessary or convenient for the sale of timber under subsection (3) of this section, either separately from or in conjunction with contracts for the sale of timber, including but not limited to activities such as timber harvesting and sorting, transporting, gravel pit development or operation, and road construction, maintenance or improvement.

�� (5) Permit the use of the lands for other purposes, including but not limited to forage and browse for domestic livestock, fish and wildlife environment, landscape effect, protection against floods and erosion, recreation, and protection of water supplies when, in the opinion of the board, the use is not detrimental to the best interest of the state.

�� (6) Grant easements, permits and licenses over, through and across the lands. The State Forester may require and collect reasonable fees or charges relating to the location and establishment of easements, permits and licenses granted by the state over the lands. The fees and charges collected shall be used exclusively for the expenses of locating and establishing the easements, permits and licenses under this subsection and shall be placed in the State Forestry Department Account.

�� (7) Require and collect fees or charges for the use of state forest roads. The fees or charges collected shall be used exclusively for purposes of maintenance and improvements of the roads and shall be placed in the State Forestry Department Account.

�� (8) Reforest the lands and cooperate with the counties, and with persons owning timberlands within the state, in the reforestation, and make all agreements necessary or convenient for the reforestation.

�� (9) Require such undertakings as in the opinion of the board are necessary or convenient to secure performance of any contract entered into under the terms of this section or ORS 273.551.

�� (10) Sell rock, sand, gravel, pumice and other such materials from the lands. The sale may be negotiated without bidding, provided the appraised value of the materials does not exceed $2,500.

�� (11) Enter into agreements, each for not more than 10 years duration, for the production of minor forest products.

�� (12) Establish a forestry carbon offset program to market, register, transfer or sell forestry carbon offsets. In establishing the program, the forester may:

�� (a) Execute any contracts or agreements necessary to create opportunities for the creation of forestry carbon offsets; and

�� (b) Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry carbon offsets.

�� (13) Establish a forestry renewable woody biomass conversion program to market, register, transfer or sell forestry woody biomass conversion offtakes. In establishing the program, the forester may:

�� (a) Execute any contracts or agreements necessary to create opportunities for the creation of forestry woody biomass conversion offtakes; and

�� (b) Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry woody biomass conversion offtakes.

�� (14) Do all things and make all rules, not inconsistent with law, necessary or convenient for the management, protection, utilization and conservation of the lands. [Amended by 1953 c.65 �5; 1955 c.421 �3; 1957 c.228 �1; 1959 c.141 �1; 1963 c.475 �1; 1965 c.128 �1; 1967 c.396 �3; 1983 c.759 �9; 2001 c.752 �8; 2005 c.103 �37; 2015 c.447 �1; 2023 c.442 �31]

�� 530.053 Holiday recreational use; armed forces personnel and veterans. If, under ORS 530.050, the State Forester permits the use of lands acquired pursuant to ORS 530.010 to 530.040 for recreation, the State Forester shall authorize the recreational use of the lands without charge to the following persons, upon showing of proper identification and any documentation issued by the State Parks and Recreation Department that is issued to serve as proof of eligibility to use a state park, individual campsite or day use fee area without charge under ORS 390.124 (2)(c)(D):

�� (1) Disabled veterans; and

�� (2) Persons on leave from military active duty status on Memorial Day, Independence Day or Veterans Day. [2017 c.729 �2]

�� Note: 530.053 was added to and made a part of ORS chapter 530 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 530.055 Leasing lands acquired. Except as limited in this section but subject to separate sale of forest products under ORS 530.059, lands acquired under ORS 530.010 to 530.040 may be leased by the State Forester to any person when approved by the State Board of Forestry and for purposes deemed by the board to be more in the public interest than the purposes for which the land was acquired. [1965 c.128 �3]

�� 530.059 Procedure for sales of forest products; surety deposit required of bidder. (1) Before offering any forest products for sale under authority of ORS 530.050 or 530.500, the State Forester shall cause the forest products to be appraised. Should the appraised value of the forest products be in excess of $25,000, the State Forester shall not sell the same to a private person, firm or corporation, except after giving notice of the sale as required by this section, and affording an opportunity for competitive bidding either by public auction or through sealed bids, or a combination of both; provided, however, that such notice and opportunity for competitive bidding will not be required for sales in connection with:

�� (a) Experimental or research projects in the field of forestland management or forest product utilization.

�� (b) The removal, injury or destruction of forest products necessitated by any grant of easement or right of way, or necessitated by a permit or license to use a right of way, including trees which may endanger the use of such easement or way.

�� (c) The removal of forest products with an appraised value of less than $100,000 that, as a result of an act of nature or other unforeseen circumstance:

�� (A) Pose a threat to the health of the forests, waterways or forest road infrastructures; or

�� (B) Will lose value as a result of potential theft.

�� (d) The removal of forest products with an appraised value of less than $100,000 to facilitate the development, placement or maintenance of forest road infrastructures.

�� (2) The State Forester shall give the notice required by subsection (1) of this section by mail to all persons requesting such notice and in such other media of communication as the State Forester may deem advisable. The State Forester shall maintain a mailing list with the names and addresses of persons who have requested to receive State Forestry Department notices of timber sales. The notice shall describe the forest products to be sold and the land on which such products are situated, state the minimum price at which the same may be sold, and contain a brief statement of the terms of the sale. As a provision of each sale, the State Forester shall reserve the right to accept or reject any or all bids.

�� (3) Prior to or at the time the State Forester receives bids, each bidder shall furnish the State Forester with a certified check, cashier�s check, money order, surety bond, cash deposit, assignment of surety, irrevocable letters of credit or other securities as determined acceptable by the State Forester in an amount designated by the State Forester. The amount designated by the State Forester may not exceed 10 percent of the minimum price of the forest products to be sold or $500,000, whichever is less. The State Forester shall retain the amounts furnished by the successful bidder as a credit toward payment of the purchase price of the forest products sold. The State Forester shall return the amounts furnished by an unsuccessful bidder after determination of the successful bid. Any checks, bonds or orders furnished under this subsection shall be made payable to the State of Oregon.

�� (4) If the provisions of this section have been complied with, and no satisfactory bid has been received, or the bidder fails to complete the purchase, the State Forester may, at any time, during a period of six months after the advertised date of sale, sell the forest products in such manner as the forester deems appropriate, but the sale price shall not be less than the minimum terms offered in the notice of sale or the highest bid received, whichever is the larger amount. [1959 c.141 �4; 1963 c.475 �2; 1967 c.396 �4; 1975 c.185 �7; 1983 c.759 �10; 1987 c.324 �1; 1995 c.375 �3; 1997 c.285 �1; 2014 c.47 �3]

�� 530.060 [Repealed by 1957 c.229 �1]

�� 530.061 Surety deposit required of successful purchaser. The State Forester may require the successful purchaser at a forest products sale to provide a surety bond, cash deposit, assignment of surety, irrevocable letters of credit or other securities as determined acceptable by the State Forester for the purpose of securing performance by the purchaser. The required amount of a bond, deposit, assignment, letter of credit or other security may not be more than $500,000. Claims by any person against the bond, deposit, assignment, letter of credit or other security shall be made to the State Forester for determination. If the claim is disputed, the State Forester may request settlement of the claim through compromise or mediation or require that the claim be litigated. Unless there is a claim awaiting determination, the State Forester shall return any unexpended amount from the bond, deposit, assignment, letter of credit or other security no later than 180 days after the earlier of the completion of operations under the sales contract or the termination date in the sales contract. [2014 c.47 �2]

�� 530.065 Modifying timber sale contracts. (1) During the period of a timber sale contract made under ORS 530.059, either party may propose to change or modify the terms of the contract if unforeseen circumstances develop. As used in this subsection, �unforeseen circumstances� means acts of nature or other unforeseen circumstances or conditions that:

�� (a) Affect the nature or scope of the work to be performed or volume to be harvested under the terms of the sale contract made by the State Forester; or

�� (b) Require additional work or harvest in an area adjacent to a timber sale made by the State Forester.

�� (2) The State Forester is hereby authorized to change or modify the terms or conditions of the contract in the event of unforeseen circumstances requiring such change or modification under subsection (1) of this section only when:

�� (a) Such change or modification is in the best interest of the State of Oregon; and

�� (b) The purchaser of the timber sale agrees that the proposed change or modification will maintain an equitable contractual relationship between the parties. [1965 c.128 �2; 1983 c.759 �11; 1997 c.285 �2]

�� 530.070 [Repealed by 1957 c.229 �1]

�� 530.075 Validation of state acquisition of county land; purposes for which land may be used; disposition of revenue. (1) Notwithstanding ORS chapter 275 or any other law, deeds of conveyance or other instruments transferring county forests, public parks or recreational areas, from a county to the State of Oregon, either acting by and through or for the use and benefit of the State Board of Forestry, are validated and shall be conclusive evidence of the transfer of such lands from the county to the state.

�� (2) The State Board of Forestry shall use, manage and develop such lands for the purposes designated in ORS 275.320 if such lands are suitable for such purposes; otherwise, the lands shall be used for the purposes stated in ORS 530.010 and any revenue derived from the sale of forest products from such lands shall be disposed of in accordance with the provisions of ORS 530.110 (2). In other instances where the county received title to the land from a grantor with the provision that the land be used for particular purposes, this section shall not be construed to obviate such purposes. [1963 c.475 �3]

�� 530.080 [Repealed by 1957 c.229 �1]

�� 530.090 [Repealed by 1957 c.229 �1]

�� 530.100 [Repealed by 1957 c.83 �26]

�� 530.110 Distribution of revenues from lands acquired under ORS 530.010 to 530.040. (1) All revenues derived from lands acquired without cost to the state, or acquired from counties pursuant to ORS 530.030, shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used in accordance with the following distribution:

�� (a) Fifteen percent shall be credited to the State Forests Protection Subaccount of the State Forestry Department Account until the amount in such subaccount reaches $475,000. Thereafter, the revenues shall be disposed of as stated in paragraphs (b) and (c) of this subsection, unless needed to maintain the $475,000 level. All moneys in the State Forests Protection Subaccount are continuously appropriated to the State Forester who may use such money under the following priorities:

�� (A) First, in addition to or in lieu of other moneys available, to pay the cost of protection, as determined under ORS 477.270, for lands acquired under ORS

ORS 537.140

537.140 to 537.252. A railway corporation may acquire by purchase, gift or devise, or by condemnation as provided in subsection (2) of this section, any water rights owned by any person and the rights of other persons affected by change of place or character of use of the water rights. Upon acquisition of the water rights by the corporation the right shall be severed from the land of the grantor and simultaneously transferred and become appurtenant to the operating property of the railway corporation, without losing the priority of the water right as originally established.

�� (2) Any such corporation may condemn and appropriate for railway operating purposes the rights of any private appropriator of waters within the state. The right of condemnation shall be exercised in the same manner as other property is condemned and appropriated for railway purposes; provided, that no water right so condemned shall exceed two cubic feet per second.

�� (3) Upon satisfactory proof of the acquisition of water rights by any such corporation through purchase, gift, devise or condemnation, the Water Resources Commission shall issue to the corporation a certificate of the same character as that described in ORS 539.140, which shall be recorded and transmitted to the corporation, as provided in that section. All certificates of water rights issued before May 29, 1925, by the Board of Control or the Water Resources Director to any such corporation shall be sufficient in law to convey to the corporation the water rights described in the certificates, and such certificates shall be received in evidence in all courts in this state. [Amended by 1985 c.673 �40]

�� 537.320 Entry on land for survey purposes, preliminary to appropriation and diversion of waters. Any person may enter upon any land for the purpose of locating a point of diversion of the water intended to be appropriated, and upon any land lying between such point and the lower terminus of the proposed ditch, canal or flume of the person, for the purpose of examining the same and of locating and surveying the line of such ditch, canal or flume, together with the lines of necessary distributing ditches and feeders, and to locate and determine the site for reservoirs for storing water.

�� 537.330 Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply. (1) In any transaction for the conveyance of real estate that includes a water right, the seller of the real estate shall, upon accepting an offer to purchase that real estate, also inform the purchaser in writing whether any permit, transfer approval order or certificate evidencing the water right is available and that the seller will deliver any permit, transfer approval order or certificate to the purchaser at closing, if the permit, transfer approval order or certificate is available.

�� (2) Upon closing and delivery of the instrument of conveyance in a real estate transaction involving the transfer of a water right, the seller shall also deliver to the purchaser evidence of any permit, transfer approval order or certificate of water rights if the permit, transfer approval order or certificate is available.

�� (3) The failure of a seller to comply with the provisions of this section does not invalidate an instrument of conveyance executed in the transaction.

�� (4) This section does not apply to any transaction for the conveyance of real estate that includes a water right when the permit, transfer approval order or certificate evidencing the water right is held in the name of a district or corporation formed pursuant to ORS chapter 545, 547, 552, 553 or 554.

�� (5) As used in this section:

�� (a) �Certificate� means a certificate or registration issued under ORS 537.250 (1), 537.585,

ORS 537.348

537.348. [1987 c.859 �11; 1995 c.416 �42]

�� 537.354 In-stream water right subject to emergency water shortage provisions. An in-stream water right established under the provisions of ORS 537.332 to 537.360 shall be subject to the provisions of ORS 536.700 to 536.780. [1987 c.859 �12]

�� 537.356 Request for reservation of unappropriated water for future economic development; priority date of reservation. (1) Any local government, local watershed council or state agency or any other individual cooperating jointly with a local government, local watershed council or state agency may request the Water Resources Commission to reserve unappropriated water for multipurpose storage for future economic development.

�� (2) A request under subsection (1) of this section shall be in writing on a form provided by the Water Resources Department. Before deciding whether to approve the request and initiate a rulemaking process, the commission shall request comments from any local government or watershed council within the geographic area or basin affected by the request. The comment period shall be closed not later than 120 days after the request is submitted.

�� (3) The priority date for any reservation established under this section shall be the date on which the commission takes action to initiate the rulemaking process. [1987 c.859 �13; 1997 c.445 �1]

�� 537.358 Rules for reservation for future economic development; application for use of reserved water. (1) In adopting a rule under ORS 537.356 to reserve unappropriated water for multipurpose storage for future economic development, the Water Resources Commission shall include a public interest review that takes into consideration the factors described under ORS 537.170.

�� (2) A person requesting use of the reserved water for new storage shall submit a water right application and comply with the procedure set forth in ORS 537.140 to 537.252, except that the priority date for a storage right approved for use of reserved water shall be the date of the reservation. The commission by rule may describe a process for ensuring that the proposed use is consistent with the requirements of the rule establishing the reservation. [1987 c.859 �14; 1997 c.445 �2]

�� 537.360 Relationship between application for in-stream water right and application for certain hydroelectric permits. If an application is pending under this chapter for a water right permit to use water for hydroelectric purposes or under ORS 543.010 to 543.610 for a hydroelectric permit or license at the time the Water Resources Commission receives an application for an in-stream water right under ORS 537.336 for the same stream or reach of the stream, the commission shall not take any action on the application for an in-stream water right until the commission issues a final order approving or denying the pending hydroelectric application. [1987 c.859 �15]

(Deschutes River Water Bank Pilot Program)

�� Note: Sections 1 to 7 and 9, chapter 513, Oregon Laws 2025, provide:

�� Sec. 1. (1) The Water Resources Commission, after providing opportunity for public notice and comment, may approve a charter to establish a Deschutes River water bank pilot program for surface water. Before approving the charter, the commission must find that the charter:

�� (a) Is approved by the Confederated Tribes of the Warm Springs; and

�� (b) Adheres to the requirements for a water bank charter described in subsection (3) of this section.

�� (2) The persons and entities that are eligible to participate in a water bank described in subsection (1) of this section are:

�� (a) Water rights holders that divert surface water from the Deschutes River, including irrigation districts.

�� (b) The Confederated Tribes of the Warm Springs.

�� (c) Cities in central Oregon.

�� (d) Public utilities, as defined in ORS 757.005, and domestic water supply districts organized under ORS chapter 264 that:

�� (A) Supply water to cities in central Oregon; and

�� (B) Provide water to at least 2,000 water service connections.

�� (e) The Deschutes River Conservancy.

�� (3) A water bank charter must include:

�� (a) A description of the geographic area for water bank operations, which must be limited to the Deschutes River above Lake Billy Chinook and areas that may be served by the water bank by points of diversion from the Deschutes River.

�� (b) Identification of, and signatures from authorized representatives of, the participants.

�� (c) An agreement that the Deschutes River Conservancy will manage the operations of the water bank, in coordination with the participants.

�� (d) A requirement that water described in subsection (4) of this section be dedicated to legally protected in-stream flows as provided in subsection (4) of this section.

�� (e) A requirement that the participants depositing water into or receiving water from the water bank have measured water use and reported the measurements to the Water Resources Department for the past five years.

�� (f) A requirement that the operations of the water bank may not:

�� (A) Injure existing water rights, unless the holder of the right has signed a forbearance agreement.

�� (B) Reduce the surface flow of state scenic waterways.

�� (C) Except as provided in section 4 of this 2025 Act, enlarge existing water rights.

�� (D) Result in a total number of irrigated acres that is greater than the acreage authorized under a person�s or entity�s existing water rights for irrigation.

�� (E) Deposit water from or provide water to existing water rights that:

�� (i) Are not a water use subject to transfer, as defined in ORS 540.505; and

�� (ii) Have not been beneficially used in the past five years or are otherwise subject to forfeiture.

�� (g) A description of how the water bank will ensure that uses are consistent with basin plans or rules of the commission.

�� (h) A description of how water rights will be vetted for inclusion in the water bank, including how the water rights will satisfy the requirements of paragraph (f) of this subsection.

�� (i) A description of how the participants depositing water into or receiving water from the water bank will manage water in coordination with the department.

�� (4) For purposes of subsection (3)(d) of this section, the following shall be dedicated to legally protected in-stream flows:

�� (a) Twenty-five percent of the volume of water loaned to the water bank as a result of the fallowing of acres during all or part of an irrigation season, which must be protected by an in-stream lease during the irrigation season.

�� (b) Water withdrawn by the North Unit Irrigation District as a result of water loaned to the water bank from on-farm activities, other than the fallowing of acres during the irrigation season, which shall be protected in an amount equal to 100 percent of the withdrawn value. The protection in-stream shall be by an in-stream lease or a limited license for flow augmentation for winter release from Wickiup Reservoir into the Deschutes River.

�� (c) Any surface water loaned to the water bank that is more than the surface water transacted for out-of-stream use, which must be protected by an in-stream lease during the irrigation season.

�� (d) Water deposited into the water bank solely for in-stream purposes and protected by an in-stream lease during the irrigation season.

�� (5) Operational water and water from district conveyance losses are not eligible for deposit into the water bank.

�� (6) A water bank approved under this section must be operated in accordance with sections 1 to 7 of this 2025 Act. [2025 c.513 �1]

�� Sec. 2. (1) On or before January 1 of each year, the Deschutes River Conservancy may submit a proposed annual operating plan for a water bank approved under section 1 of this 2025 Act to the Water Resources Department.

�� (2) A water bank described in section 1 of this 2025 Act may operate only under an annual operating plan that is approved in writing by the Water Resources Department on or before March 1 of each year in which the water bank operates.

�� (3) Before approving a proposed annual operating plan, the Water Resources Department shall make the proposed plan available for public comment on whether the proposed plan meets the standards described in subsection (5) of this section.

�� (4) The Water Resources Department shall seek comments on the proposed annual operating plan from the State Department of Fish and Wildlife and the Confederated Tribes of the Warm Springs. If the State Department of Fish and Wildlife or the Confederated Tribes of the Warm Springs raise any objections to the proposed plan, the Deschutes River Conservancy shall amend the proposed plan to resolve the objections. The Water Resources Department may not approve the proposed plan unless the objections are resolved.

�� (5) A proposed annual operating plan must:

�� (a) Include the report described in section 6 of this 2025 Act.

�� (b) Describe the following activities:

�� (A) How surface water supply will be made available to loan to the water bank that is subject to the annual operating plan.

�� (B) How surface water deposited in the water bank that is subject to the annual operating plan may be withdrawn from the water bank and used.

�� (6) The participants in a water bank may loan or withdraw surface water during an irrigation season only as described under to subsection (5)(b) of this section.

�� (7) The department may not approve a proposed annual operating plan under this section if the department determines that, for the year to which the proposed plan applies, there are not sufficient resources available to the department, from any source, to allow the department to carry out the department�s duties under sections 1 to 7 of this 2025 Act. [2025 c.513 �2]

�� Sec. 3. (1) In lieu of submitting individual leases and temporary transfer or forbearance agreements, not less than 30 days before the start of an irrigation season, a water bank approved under section 1 of this 2025 Act may submit a consolidated lease and temporary forbearance transfer of water application to the Water Resources Department.

�� (2)(a) Each application may not contain more than one irrigation water right, which must have a priority date before January 1, 1906. Except as provided in paragraph (b) of this subsection, each application shall identify no more than one stream reach and one point of diversion to which the deposited water may be distributed.

�� (b) The water bank may submit a single application for the North Unit Irrigation District to receive water at two points of diversion. However, the department may require separate applications for separate priority dates.

�� (3) The water bank shall submit the application in the form and manner prescribed by the department. The application must include:

�� (a) The location and number of acres fallowed for the full irrigation season from which surface water irrigation will be removed to be deposited into the water bank, the associated point of diversion, the amount of water associated with the acres and point of diversion measured in acre-feet and cubic feet per second, and the total amount of water to be reduced at the point of diversion.

�� (b) The point of diversion, or if the recipient is the North Unit Irrigation District, the points of diversion, from which water deposited into the water bank will be withdrawn and the quantity of water, measured in acre-feet and cubic feet per second, needed to fulfill a supply shortage of an existing irrigation water right within a district.

�� (c) The amount of water, measured in acre-feet and cubic feet per second, to be dedicated to in-stream use as an in-stream lease, the months of use and the location of the applicable water gage.

�� (d) A forbearance agreement for all water rights with points of diversion that consent to potential injury and to bypass water.

�� (e) A map that meets the requirements established by the department.

�� (f) Any other information required by the department.

�� (4) A watermaster shall integrate transactions of a water bank described in this section into management operations for the irrigation season if the department finds that:

�� (a) Acres deposited into the water bank are fallowed.

�� (b) The transaction meets the requirements for water bank operations described in section 1 of this 2025 Act.

�� (5) The water bank shall post the application described in this section on a publicly available website of the water bank. [2025 c.513 �3]

�� Sec. 4. (1) As used in this section:

�� (a) �District� has the meaning given that term in ORS 545.002.

�� (b) �Water use subject to transfer� has the meaning given that term in ORS 540.505.

�� (2) Notwithstanding ORS 537.348, the Water Resources Department may approve an application by a water bank approved under section 1 of this 2025 Act for a district that is withdrawing water from the Deschutes River above Lake Billy Chinook to engage in splitting the rate and duty of the water right between a district�s existing irrigation water right and another district�s existing irrigation water right or an in-stream water right or in-stream lease, if the application demonstrates that:

�� (a) Regardless of the duty on the water right, the duty to be split will not exceed 4.2 acre-feet per acre;

�� (b) The water bank has measurements of the on-farm water delivered, as measured by a totalizing flow meter and reported to the water bank, and has agreed to submit information to the watermaster upon request;

�� (c) The application includes a forbearance agreement for all water rights with points of diversion that consent to potential injury and to bypass water; and

�� (d) The transactions meet the requirements for water bank operations described in section 1 of this 2025 Act.

�� (3) In reviewing an application under subsection (2) of this section, the department:

�� (a) Shall publish notice of the application in the weekly public notice published by the department and accept any allegations of injury for at least 21 days after publication of the notice.

�� (b) When evaluating enlargement, may not consider whether the lease will:

�� (A) Fail to keep the existing place of use from receiving water; or

�� (B) Increase the acres irrigated under the water right, so long as there is no increase in water use and no expansion of irrigated acres under the depositing district�s water rights or the receiving district�s water rights.

�� (4) The terms of a transfer under this section must provide that, during the term of the transfer:

�� (a) The districts:

�� (A) May not increase the number of acres that are irrigated within the depositing district or the receiving district;

�� (B) May not increase the districts� use of supplemental water rights or storage water rights;

�� (C) Shall continue to provide access to the watermaster to measure the districts� water use, as needed above, below and at the point of diversion or points of rediversion and provide the measurements to the department in real time, to the satisfaction of the watermaster;

�� (D) Shall measure water use at the point of delivery and report the measurements to the Deschutes River Conservancy; and

�� (E) Shall, in coordination with the Deschutes River Conservancy, arrange for:

�� (i) A secondary water right to release water from storage outside of the irrigation season; or

�� (ii) A limited license for flow augmentation or an in-stream lease in the amount of water subject to the forbearance agreement.

�� (b) The Deschutes River Conservancy shall provide the measurements reported to the conservancy under paragraph (a)(D) of this subsection to the watermaster, upon request.

�� (5) The parties to a transfer under this section may establish additional requirements for a transfer under this section, which must be set forth in the water bank�s operating plan under section 2 of this 2025 Act. [2025 c.513 �4]

�� Sec. 5. (1) A water bank approved under section 1 of this 2025 Act may not operate during a calendar year if, prior to March 1 of the calendar year, participants in the water bank have not committed to a minimum of 1,800 acres of water rights to be leased under ORS 537.348.

�� (2) Acres that, on or after the effective date of this 2025 Act [January 1, 2026], are permanently converted to an in-stream water right under ORS 537.348 by a participant in the water bank may count toward the minimum number of acres described in subsection (1) of this section.

�� (3) At the time that a proposed annual operating plan is submitted under section 2 of this 2025 Act, the participants may agree to increase the acres protected by a lease under ORS 537.348 to a number of acres that is higher than the minimum described in subsection (1) of this section.

�� (4) A deposit of water into the water bank as a result of transactions approved under section 3 or 4 of this 2025 Act shall constitute beneficial use for purposes of ORS

ORS 538.251

538.251 shall not affect any existing rights to appropriate or use water, or any renewals or extensions thereof, or prevent appropriation and use of such water for domestic, stock, municipal, fish culture, aesthetic, recreational, or public park purposes. [Amended by 1971 c.139 �2]

�� 538.270 Rogue River; withdrawal from appropriation; excepted water uses; tributaries. Subject to water rights existing on May 26, 1967, the waters flowing in the main channel of the Rogue River from its intersection with the south line of section 27, township 33 south, range 1 east of the Willamette Meridian in Jackson County, to its confluence with the Pacific Ocean, are withdrawn from appropriation; except that this section shall not prevent the appropriation and use of such waters for domestic, stock, irrigation, municipal, fish, wildlife, recreation and road maintenance purposes, nor prevent the appropriation, diversion and use of the waters of any stream tributary to the river. [Amended by 1959 c.205 �1; 1967 c.310 �1; 1989 c.291 �1]

�� 538.280 McNulty Creek; withdrawal from appropriation; exceptions. The waters of McNulty Creek, a tributary of Scappoose Bay, in Columbia County, are withdrawn from appropriation except for storage during the period beginning November 1 and ending on March 31 of each year in reservoirs not constructed in the channel of McNulty Creek below a line one mile west of the range line between ranges 1 and 2 west, Willamette Meridian. [Amended by 1955 c.82 �1]

�� 538.290 McNulty Creek; existing rights not affected. ORS 538.280 shall not affect any existing rights to the waters of McNulty Creek that have been acquired or are in the process of being acquired under the water laws of this state. [Amended by 1955 c.82 �2]

�� 538.300 Milton Creek and tributaries; withdrawal from appropriation; exception; existing rights. The unappropriated waters of Milton Creek and its tributaries, in Columbia County, are withdrawn from appropriation except for domestic use through the year and storage during the period beginning November 1 and ending April 30 of each year. Nothing contained in this section shall impair the existing rights of any person to the use of such waters.

MUNICIPAL WATER SUPPLY

�� 538.410 Confirmation of water rights acquired prior to February 24, 1909, for municipal supply; rejection of applications injurious to municipal supply; statements of supply. All rights to the waters of the lakes, rivers and streams of this state acquired before February 24, 1909, for the purposes of municipal water supply are confirmed, and no rights acquired under the Water Rights Act (as defined in ORS 537.010) shall impair the rights of any municipal corporation to waters taken before February 24, 1909. The Water Resources Commission shall reject, or grant subject to municipal use, all applications where, in the commission�s judgment, the appropriation of the waters applied for impairs a municipal water supply. Municipal corporations of the state, on request of the Water Resources Commission, shall furnish a statement of the amount and source of the municipal water supply, with probable increase or extension of the same. [Amended by 1985 c.673 �79]

�� 538.420 Portland�s right to waters of Bull Run and Little Sandy Rivers; vested rights not impaired; applicability of law. (1) Exclusive right to the use of waters of Bull Run and Little Sandy Rivers is granted to the City of Portland. However, the Water Rights Act (as defined in ORS 537.010) shall not impair the rights of any person who, on February 24, 1909, had any vested right to or valid appropriation or bona fide notice of appropriation of the waters of either Bull Run River or Little Sandy River, under laws theretofore in effect or under any valid contract or deed of conveyance theretofore made with or by the City of Portland.

�� (2) ORS 541.010 to 541.080 shall not apply to Bull Run Creek or River.

�� 538.430 Medford and Eagle Point Irrigation District; right to waters of Big Butte Creek; generation, sale and distribution of electric energy by irrigation district. (1) Subject to water rights existing on May 29, 1925, the City of Medford, in Jackson County, is granted the exclusive right to use for municipal purposes all the waters of Big Butte Creek, a tributary of Rogue River situated in Jackson County, and of the springs at the head which form the creek, and of its tributaries. The City of Medford, any of its officers, and others on its behalf may appropriate all the waters for these purposes and an application therefor may be made for the benefit of the city, either by it in its own name, or by any of its officers or by any other person on its behalf. No person shall appropriate or be granted a permit to use any of the waters except as provided in this section, and for the use and benefit of the city. But the City of Medford may, under this grant, divert such waters from their watershed and convey them to the city and elsewhere for use by it for municipal purposes, either within or without the city limits. All of such waters are withdrawn from future appropriation, except for such use and benefit of the City of Medford; provided however, that the Eagle Point Irrigation District may establish and use an additional point of diversion below the diversion point in use on April 1, 1953, under its permit number 6396 which authorizes the appropriation of not to exceed 100 cubic feet per second.

�� (2) Subject to rights existing on July 21, 1953, to the use of the waters of Big Butte Creek, and of the springs at the head which form the creek, and of its tributaries, including the rights granted in subsection (1) of this section to the City of Medford to the use of such waters and the right of future appropriation of such waters, the Eagle Point Irrigation District is granted the right to appropriate and use up to and including 100 cubic feet per second of the waters of Big Butte Creek, using the diversion site of the Eagle Point Irrigation District existing on April 1, 1953, for the purpose of generating electric energy; provided, however, that not less than 10 cubic feet per second of said waters shall be permitted to pass said diversion point and remain in the channel of said stream at all times other than times when said waters are diverted for irrigation purposes. The Eagle Point Irrigation District may:

�� (a) Enter into such contracts and perform such other acts as it deems necessary or desirable for the generation of electric energy and the construction and maintenance of facilities for the generation of electric energy.

�� (b) Enter into such arrangements as it deems proper for the use, sale or distribution of the electric energy which is generated.

�� (3) In performing any of the acts under subsection (2) of this section, the Eagle Point Irrigation District shall not be deemed a public utility as defined in ORS

ORS 540.250

540.250 within 60 days from the date of payment of the wages and expense, with the county clerk. It may be enforced and foreclosed, and the same procedure, including the allowance of reasonable attorney fees, shall be followed in the foreclosure as in the case of a lien claimed and foreclosed by the watermaster under ORS 540.250. The lien shall not be considered an exclusive remedy. [Amended by 1985 c.421 �16]

�� 540.270 Distribution from irrigation districts and improvement companies; applicability of ORS 540.210 to 540.260. Nothing contained in ORS 540.210 to 540.260 shall be applicable to the distribution of water from the irrigation systems or works of irrigation districts or district improvement companies unless requested by the district. Distribution of water from such irrigation systems or works shall be under the exclusive control of the directors of the irrigation districts and district improvement companies unless the watermaster has been requested by the district to distribute the water. [Amended by 1969 c.303 �1]

HYDRAULIC WORKS AND STRUCTURES; MEASURING DEVICES; DITCH RIGHT OF WAY

�� 540.310 Ditches and canals; headgates; measuring devices; flumes along lines of ditches. (1) The owner of any ditch or canal shall maintain to the satisfaction of the Water Resources Commission a substantial headgate at the point where the water is diverted. It shall be of such construction that it can be locked and kept closed by the watermaster.

�� (2) The owner shall construct and maintain, when required by the commission, suitable measuring devices at such points along the ditch as may be necessary to assist the watermaster in determining the amount of water that is to be diverted into the ditch from the stream, or taken from it by the various users.

�� (3) When necessary for the protection of other water users, the commission may require flumes to be installed along the line of any ditch. [Amended by 1985 c.673 �84]

�� 540.320 Noncompliance with requirements; effect. If any owner of irrigation works refuses or neglects to construct and put in headgates, flumes or measuring devices, as required under ORS 540.310, after 10 days� notice, the watermaster may close the ditch, and it shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the Water Resources Commission as to such headgates, flumes or measuring devices have been complied with. [Amended by 1985 c.673 �85]

�� 540.330 Reservoirs; measuring devices; effect of noncompliance. (1) Any owner or manager of a reservoir, located across or upon the bed of a natural stream, shall construct and maintain, when required by the Water Resources Commission, a measuring device below, and one above, the reservoir on each stream or source of supply discharging into the reservoir, to assist the watermaster in determining the amount of water to which appropriators are entitled and thereafter diverting it for their use.

�� (2) If any owner or manager of a reservoir located across the bed of a natural stream neglects or refuses to put in a measuring device after 10 days� notice by the commission, the watermaster may open the sluicegate or outlet of the reservoir, and it shall not be closed, under penalties of the law for changing or interfering with headgates, until the requirements of the commission as to such measuring devices are complied with. [Amended by 1985 c.673 �86]

�� 540.340 Reservoir and diversion dam; suitable outlet; effect of noncompliance. (1) Whenever it may be necessary for the protection of other water users, the Water Resources Commission shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable outlet in the reservoir or diversion dam which will allow the free passage of the natural flow of the stream. The commission shall determine what constitutes a suitable outlet.

�� (2) If any owner or manager of a reservoir or diversion dam refuses or neglects to construct or put in such outlet in the reservoir or diversion dam after 10 days� notice by the commission, the commission may close the ditch carrying water from the reservoir or diversion dam and it shall not be opened or any water diverted from the reservoir or diversion dam, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the commission regarding such outlet have been complied with. [Amended by 1985 c.673 �87]

�� 540.350 [Amended by 1981 c.210 �1; 1985 c.673 �88; 1991 c.249 �51; repealed by 2019 c.390 �27]

�� 540.353 [2017 c.723 �2; repealed by 2019 c.390 �27]

�� 540.355 Inspection, evaluation and assessment of hydraulic structures. (1) The Water Resources Department may inspect, evaluate and assess the condition of a levee, dike, ditch or other hydraulic structure with the permission of the owner.

�� (2) In performing the actions under subsection (1) of this section, the department may:

�� (a) Provide recommendations and technical assistance;

�� (b) Advise on necessary maintenance and repairs;

�� (c) Assist with the development of emergency action plans to ensure the safety of life, property or public infrastructure;

�� (d) Undertake activities necessary to identify the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure;

�� (e) Assist with mapping the locations of hydraulic structures;

�� (f) Enter into contracts, memorandums of understanding and intergovernmental agreements;

�� (g) Accept and receive moneys from any public or private source;

�� (h) Accept and receive payment for services performed; and

�� (i) Exchange information and perform other actions as necessary to cooperate with private, local, state and federal entities.

�� (3) The department�s actions under this section shall not relieve the owners of levees, dikes, ditches or other hydraulic structures of their legal liabilities and responsibilities.

�� (4) If the department is aware of conditions that indicate the need for immediate action to prevent the failure of a hydraulic structure, the department may:

�� (a) Advise the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure regarding the actions necessary to prevent the failure; and

�� (b) If the conditions create a risk to life, property or public infrastructure, notify emergency managers.

�� (5) The Water Resources Commission may adopt rules for the administration of this section. [2015 c.667 �5; 2019 c.390 �20]

�� Note: 540.355 was added to and made a part of ORS chapter 540 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 540.360 [Amended by 1975 c.581 �26a; 1981 c.210 �2; 1985 c.673 �89; repealed by 2019 c.390 �27]

�� 540.370 [Amended by 1985 c.673 �90; repealed by 2019 c.390 �27]

�� 540.380 [Amended by 1985 c.673 �91; repealed by 2019 c.390 �27]

�� 540.390 [Amended by 1985 c.673 �92; repealed by 2019 c.390 �27]

�� 540.400 [Repealed by 2019 c.390 �27]

�� 540.410 Delivery of reservoir water; notice to watermaster; adjustment of headgates; expenses; payment. Whenever the owner, manager or lessee of a reservoir constructed under the provisions of the Water Rights Act, as defined in ORS 537.010, desires to use the bed of a stream, or other watercourse, to carry stored or impounded water from the reservoir to the consumer of the water, the owner, manager or lessee shall, in writing, notify the watermaster of the district in which the stored or impounded water from the reservoir is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume, and the names of all persons and ditches entitled to its use. The watermaster shall then close, or so adjust the headgates of all ditches from the stream or watercourse, not entitled to the use of such stored water, as will enable those having the right to secure the volume to which they are entitled. The watermaster shall keep a true and just account of the time spent in the discharge of the watermaster�s duties as defined in this section, and the Water Resources Commission shall present a bill of one-half the expense so incurred to the reservoir owner, manager or lessee. If the owner, manager or lessee neglects for 30 days, after presentation of the bill of costs, to pay it, the costs shall be made a charge upon the reservoir and the state shall have a preference lien therefor. Upon notice from the commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed. [Amended by 1955 c.39 �1; 1961 c.636 �7; 1985 c.673 �93]

�� 540.420 Jointly owned ditches; performance by co-owner; recovery for default. In all cases where ditches are owned by two or more persons and one or more of such persons fails or neglects to do a proportionate share of the work necessary for the proper maintenance and operation of the ditch, or to construct suitable headgates or measuring devices at the points where water is diverted from the main ditch, the owner desiring the performance of such work may, after having given 10 days� written notice to the other owner who has failed to perform a proportionate share of the work, perform such share, and recover therefor from the person in default the reasonable expense of the work.

�� 540.430 Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery. (1) Upon the failure of any co-owner to pay a proportionate share of the expense, as mentioned in ORS 540.420, within 30 days after receiving a statement of the same as performed by the co-owner, the latter may secure payment of the claim by filing an itemized and sworn statement thereof, setting forth the date of performance and the nature of the labor performed, with the county clerk of the county wherein the ditch is situated. When so filed it shall constitute a valid lien against the interest of the person in default, which lien may be established and enforced in the same manner as provided by law for the enforcement of mechanic�s liens.

�� (2) In lieu of proceeding to enforce the lien, the person performing the labor may file an itemized and sworn statement with the watermaster of the district within which the ditch is located, setting forth the date of performance, the nature of the labor performed, the total expense incurred by the person and the proportion of the expense each owner should pay, together with a written request that the watermaster take charge of the distribution of the water from the ditch to the parties entitled to the use thereof. Thereupon the watermaster may proceed to distribute the water in accordance with established rights. However, if an owner or user has not paid the proportion of expenses of the owner or user incurred for the proper maintenance and operation of the ditch, the watermaster may serve such party with written notice, personally, by registered mail or by certified mail with return receipt, setting forth the proportion of expenses incurred for which the owner or user is obligated to pay. If the party so served refuses or neglects to pay that part of the expense within 10 days after the serving or mailing of the notice, the watermaster may refuse to deliver water to be used upon the lands of such person until after the expense has been paid. [Amended by 1991 c.249 �52]

�� 540.435 Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order. (1)(a) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water use information necessary because of serious water management problems created by ground water decline, unresolved user disputes or frequent water shortages, the commission by rule may require a water right owner using any surface or ground water source within the state to install a totalizing measuring device and to submit annually a water use report.

�� (b)(A) In addition to the factors listed in paragraph (a) of this subsection, as necessary to protect public health, the commission may find that ground water contamination in an underground reservoir in a ground water quality concern area or a ground water quality management area, as those terms are defined in ORS 468B.150, is a serious water management problem.

�� (B) The commission or the Water Resources Department may not, based on a finding under this paragraph, require the installation of a measuring device to measure ground water used for an exempt use under ORS 537.545.

�� (2) Before the commission implements any requirements under subsection (1) of this section the commission shall:

�� (a) Cause a hearing to be conducted in the affected area to determine whether a serious management problem exists; and

�� (b) Allow any affected person an opportunity to present alternative methods or devices that could be used to provide the information necessary to manage the water resource or to alleviate the water management problem.

�� (3) The watermaster may prohibit the diversion or use of water by anyone who has failed to comply with a commission rule or order requiring installation of measuring devices or submission of a water use report. [1987 c.649 �7; 2025 c.605 �39]

�� 540.440 Owner to clear weeds from ditch right of way. All persons owning or controlling any water ditches shall keep their right of way along the ditches clean and free from wild oats, mustard, thistles, or any weeds or noxious grasses whatsoever. [Amended by 2011 c.9 �73]

DAMS

�� 540.443 Definitions for ORS 540.443 to 540.491. As used in ORS 540.443 to 540.491:

�� (1) �Construct� means:

�� (a) To build a new dam;

�� (b) To modify dam height; or

�� (c) To make modifications to a dam that:

�� (A) Do not include modifying dam height, performing maintenance actions or removing a dam;

�� (B) Have a potential impact on the safe functioning of the dam; and

�� (C) Are to an extent that the modified dam structures no longer conform to the original design.

�� (2) �Dam� means:

�� (a) A hydraulic structure built above the natural ground gradeline that is used to impound water or wastewater; and

�� (b) Appurtenant structures on or adjacent to hydraulic structures described in paragraph (a) of this subsection that affect the stability of, or the control of water through or away from, the hydraulic structure.

�� (3) �Dam failure� means a rapid, sudden and uncontrolled release of water or wastewater due to loss of dam integrity.

�� (4) �Emergency action plan� means a plan that assists a dam owner or operator, and local emergency management personnel, to perform actions to ensure human safety in the event of a potential or actual dam failure.

�� (5) �High hazard rating� means that the department expects loss of human life to occur if a dam fails.

�� (6) �Maintenance action� means measures that are necessary to address a condition that, if left unaddressed, may cause a dam to become unsafe or potentially unsafe.

�� (7) �Potentially unsafe� means that, based on an inspection or analysis:

�� (a) It is probable that a dam cannot withstand an extreme flood or earthquake; or

�� (b) The dam has a high risk of internal erosion.

�� (8) �Significant hazard rating� means the department does not expect loss of life to occur if a dam fails, but does expect extensive damage to property or public infrastructure.

�� (9) �Unsafe� means that, based on an inspection or analysis:

�� (a) It is probable that a dam cannot be depended upon to retain or pass water or wastewater as designed or operated; and

�� (b) Inability of the dam to retain or pass water or wastewater as designed or operated could result in dam failure. [2019 c.390 �2]

�� 540.446 Dams not subject to ORS 540.443 to 540.491. (1) ORS 540.443 to 540.491 do not apply to:

�� (a) A dam that is less than 10 feet in height; or

�� (b) A dam that impounds less than 3 million gallons of water or wastewater.

�� (2) Except as provided in this subsection, ORS 540.443 to 540.491 do not apply to dams regulated under a federal dam safety program. If there is a potential or actual risk of dam failure at a dam regulated under a federal dam safety program, the Water Resources Department may aid in the inspection of the dam and may provide advice and assistance to prevent, mitigate or respond to a potential or actual dam failure. [2019 c.390 �3]

�� 540.449 Construction plan approval; fees; rules. (1) A person may not construct a dam unless the Water Resources Department has examined the site, plans and specifications, features and other supporting information regarding the construction and operation of the dam and has approved them in writing.

�� (2) Except as provided in this subsection, a dam may not be used to impound water or wastewater until final documentation for the site, plans and specifications, features and other supporting information of the dam has been submitted to and accepted by the department after completion of construction. The Water Resources Commission may adopt rules to allow all or a portion of a previously authorized impoundment during construction work on a dam that is undergoing modification.

�� (3) The department may charge a fee for an examination under subsection (1) of this section of information regarding construction of a new dam or construction to modify dam height. The fee may not exceed the lesser of the costs of providing the examination or:

�� (a) $1,750 for a dam that has a low hazard rating;

�� (b) $3,500 for a dam that has a significant hazard rating; or

�� (c) $8,500 for a dam that has a high hazard rating.

�� (4) The department may waive the requirements in subsections (1) and (2) of this section as necessary to address an actual or potential dam failure that poses an imminent risk to life, property or public infrastructure, including but not limited to waiving the requirements for actions identified in an emergency action plan. [2019 c.390 �4]

�� 540.452 Removal plan approval. (1) An owner seeking to remove a dam that has a significant hazard rating or high hazard rating must notify the Water Resources Department. The owner shall provide the department with a removal plan sufficiently in advance of the removal to allow the department reasonable time for evaluating the plan. The department may evaluate the removal plan to ensure that the plan includes appropriate safety precautions to protect life, property and public infrastructure from temporary inundation in the area below the dam during dam removal. The department may require modification of the removal plan or require that the work performed under the plan be supervised by an engineer to the extent the department concludes is necessary to protect life, property or public infrastructure from temporary inundation during dam removal. If the department requires modification of a dam removal plan or requires that the work be supervised by an engineer, the department shall provide the owner with an opportunity to meet with the department.

�� (2) A person may not perform removal work on a dam that has a significant hazard rating or high hazard rating except as provided in subsection (1) of this section. [2019 c.390 �5]

�� 540.455 Dam inspections and analysis. (1) The Water Resources Department, or agents or representatives of the department, may inspect a dam and the site, plans and specifications, features and other supporting information regarding the construction, maintenance and operation of a dam. If a dam has a high hazard rating, the department shall ensure that the dam is inspected annually unless the department determines that a different inspection schedule is appropriate.

�� (2) The department shall provide the dam owner with an inspection document describing the condition of the dam and specific maintenance actions recommended by the department. [2019 c.390 �6]

�� 540.458 Notice for owner corrective action to address safety issues. (1) If, as the result of an inspection or analysis of a dam that has a high hazard rating or significant hazard rating, the Water Resources Department concludes that corrective action is necessary to address a condition allegedly rendering the dam unsafe or potentially unsafe, the department shall notify the dam owner regarding:

�� (a) Why the inspection or analysis of information and conditions causes the department to conclude that the dam is unsafe or potentially unsafe;

�� (b) The action the department concludes is necessary to address the alleged unsafe or potentially unsafe condition;

�� (c) The opportunity for the dam owner to meet with the department; and

�� (d) The opportunity for the dam owner to provide information to challenge the department�s conclusion alleging that the dam is unsafe or potentially unsafe.

�� (2) The department shall notify a dam owner under subsection (1) of this section by:

�� (a) Registered mail; or

�� (b) Certified mail with return receipt requested. [2019 c.390 �7]

�� 540.461 Plan and time frame for corrective action; hearing; proposed and final orders. (1) If the Water Resources Department provides notification to a dam owner under ORS 540.458 stating that the department has concluded that a dam having a significant hazard rating or high hazard rating is unsafe or potentially unsafe, the department may cooperate with dam owner efforts to develop a plan and time frame for corrective action that is agreeable to the department. When determining whether a plan and time frame for corrective action developed by a dam owner is agreeable to the department, the department may consider any relevant information, including, but not limited to, information regarding:

�� (a) The specific dam;

�� (b) The efforts and resources of the dam owner; and

�� (c) The impacts associated with dam failure.

�� (2) In addition to any other available remedies, the Water Resources Director may issue a proposed final order containing one or more of the provisions described in subsection (3) of this section if:

�� (a) The department and the dam owner do not agree on a plan and time frame under subsection (1) of this section for corrective action to resolve a condition identified in a notification that was sent by mail under ORS 540.458;

�� (b) The dam owner has failed to comply with a plan or time frame agreed to under subsection (1) of this section; or

�� (c) The department concludes, based on inspection or analysis, that the dam is unsafe.

�� (3) If the director issues a proposed final order under subsection (2) of this section, the director shall provide the dam owner with notice and opportunity for hearing under ORS 183.413 to 183.470. If the notice is provided by mail, the director shall use a form of mail described in ORS 540.458. The proposed final order shall include the specific information and conditions that have caused the department to conclude that the dam is unsafe or potentially unsafe. The proposed final order may also include, but need not be limited to, provisions:

�� (a) Notifying the dam owner as described in ORS 540.458, if that notification has not been provided.

�� (b) Requiring that the dam owner consult with an engineer to assess the nature and extent of the conditions specified by the department allegedly indicating that the dam is unsafe or potentially unsafe and, as necessary, to identify specific corrective action.

�� (c) Specifying commencement and completion dates for any corrective action the department deems necessary to remedy the unsafe or potentially unsafe condition.

�� (d) Restricting the maximum reservoir level until corrective action has been completed to the satisfaction of the department.

�� (e) Directing that the dam may not be used for the storage, restraint or conveyance of water until corrective action has been completed to the satisfaction of the department.

�� (f) If the department concludes that monitoring is necessary to protect life, property or public infrastructure, requiring the installation and use of monitoring equipment at a dam to monitor unsafe or potentially unsafe conditions. If the department requires monitoring, the department shall allow the use of the most economical monitoring equipment sufficient to protect life, property and public infrastructure.

�� (4) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183.

�� (5) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in ORS 540.458. [2019 c.390 �8]

�� 540.464 Examinations, inspections and reports by specialists. The Water Resources Department may accept the reports of consulting engineers, geologists or other specialists employed by the dam owner. If the department concludes that the reports are insufficient, the department may employ consulting engineers, geologists or other specialists as agents or representatives of the department to make special examinations and inspections and to prepare reports for the department. The cost of such special examinations, inspections and reports shall be paid by the department or, upon mutual agreement, may be divided between the department and the dam owner. [2019 c.390 �9]

�� 540.467 Owner action to address maintenance issues; hearing; proposed and final orders; penalty. (1) If, as the result of an inspection under ORS 540.455 of a dam that has a significant hazard rating or high hazard rating, the Water Resources Department concludes that maintenance actions are needed, the department shall inform the dam owner of the need for maintenance actions. The department shall provide the information by inclusion in the inspection document and provide the dam owner with the opportunity to meet with the department concerning the information.

�� (2) If the department or its agent or representative conducts an inspection and the department determines that the dam owner has failed to take needed maintenance actions identified in a prior inspection document, in addition to any other available remedies, the Water Resources Director may issue a proposed final order under subsection (3) of this section. A proposed final order under subsection (3) of this section shall include notice and opportunity for hearing under ORS 183.413 to 183.470.

�� (3) Subject to subsection (2) of this section, the director may issue a proposed final order that includes, but need not be limited to, provisions:

�� (a) Requiring the dam owner to perform the needed maintenance actions by a specified date; and

�� (b) Imposing a civil penalty under ORS 540.995, not to exceed an amount established by the Water Resources Commission by rule, for failing to address the needed maintenance actions identified in the proposed final order or failing to comply with a resolution reached through informal or alternative means.

�� (4) If the dam owner performs needed maintenance actions required by a proposed final order issued under subsection (3) of this section to the satisfaction of the department by the date specified in the proposed final order, the director may not impose any civil penalty that was described in the proposed final order.

�� (5) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183.

�� (6) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in this section. [2019 c.390 �10]

�� 540.470 Contested case hearings. If the Water Resources Director issues a proposed final order under ORS

ORS 540.510

540.510 (3) and this section, the director of the department shall notify any persons who, according to the department records, have a water right that may be affected by the cessation of the discharge by the municipality.

�� (4) If a person holding an affected water right demonstrates to the department that the cessation of discharge by the municipality substantially impairs the ability to satisfy a water right, the person shall be entitled to a preference to the use of the reclaimed water. However, the delivery of the reclaimed water to the person claiming such preference shall be accomplished through a conveyance facility or channel other than a natural watercourse.

�� (5) If a municipality has a less expensive alternative for the disposal and distribution of the reclaimed water, the municipality shall not be obligated to incur expenses or cost beyond the expenses or costs of such alternative.

�� (6) The Water Resources Commission shall adopt rules to implement the notice and preference provisions and impairment evaluation standards of this section. [1991 c.370 �3; 1997 c.286 �8]

�� Note: 537.132 was added to and made a part of ORS chapter 537 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 537.133 Permittee�s right to enter on forestland; notice. (1) A permittee may not enter upon forestland adjacent to the point of diversion designated in the permit until such person provides notice to the landowner of the permittee�s intention to enter upon such property. The notice shall:

�� (a) Be in writing;

�� (b) Be mailed to the landowner 30 days prior to the commencement of any construction, maintenance or repair work; and

�� (c) Give a complete description of the location and duration of the work project.

�� (2) If a permittee fails to provide the notice required in subsection (1) of this section, the permittee shall not obtain any right to continued use of the land without the express written consent of the landowner.

�� (3) For purposes of determining whether a prescriptive easement or way of necessity has been established under Oregon common law, unimproved or unenclosed forestlands shall include commercial forestland parcels larger than 20 acres. [1989 c.509 �5]

�� Note: 537.133 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 537.135 Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception. (1) The appropriation of water for the purpose of recharging ground water basins or reservoirs is declared to be for a beneficial purpose. Permits for such appropriation may be granted by the Water Resources Department on application made therefor. Any such application shall substantially comply with ORS 537.140 and shall be subject to the provisions of ORS 537.150 to 537.230, as are other applications and permits to appropriate water.

�� (2) Any person proposing to apply to a beneficial use the water stored artificially in any such ground water basin or reservoir shall file an application for permit, to be known as the secondary permit, in compliance with the provisions of ORS

ORS 541.990

541.990�� Penalties

WATER COMPANIES ORGANIZED UNDER 1891 ACT

�� 541.010 Furnishing of water for certain purposes declared to be a public use; rates; amendment of law. (1) The use of the water of the lakes and running streams of Oregon, for general rental, sale or distribution, for purposes of irrigation, and supplying water for household and domestic consumption, and watering livestock upon dry lands of the state, is a public use, and the right to collect rates or compensation for such use of water is a franchise. A use shall be deemed general within the purview of this section when the water appropriated is supplied to all persons whose lands lie adjacent to or within reach of the line of the ditch, canal or flume in which the water is conveyed, without discrimination other than priority of contract, upon payment of charges therefor, as long as there may be water to supply.

�� (2) Rates for the uses of water mentioned in this section may be fixed by the Legislative Assembly or by such officer as may be given that authority by the Legislative Assembly, but rates shall not be fixed lower than will allow the net profits of any ditch, canal, flume or system thereof to equal the prevailing legal rate of interest on the amount of money actually paid in and employed in the construction and operation of the ditch, canal, flume or system.

�� (3) This section and ORS 541.020 to 541.080 may at any time be amended by the Legislative Assembly, and commissioners for the management of water rights and the use of water may be appointed.

�� 541.020 Construction of ditches and canals by corporation; route across lands. Whenever any corporation organized under the Act of 1891, pages 52 to 60, Oregon Laws 1891, finds it necessary to construct its ditch, canal, flume, distributing ditches, or feeders across the improved or occupied lands of another, it shall select the shortest and most direct route practicable, having reference to cost of construction upon which the ditch, canal, flume, distributing ditches, or feeders can be constructed with uniform or nearly uniform grade.

�� 541.030 Ditches and canals across state lands; grant of right of way. The right of way, to the extent specified in the Act of 1891, pages 52 to 60, Oregon Laws 1891, for the ditches, canals, flumes, distributing ditches, and feeders of any corporation appropriating water under the provisions of the Act of 1891, across all lands belonging to the State of Oregon and not under contract of sale, is granted.

�� 541.040 Headgate; mode of construction. Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall erect and keep in good repair a headgate at the head of its ditch, canal or flume, which, together with the necessary embankments, shall be of sufficient height and strength to control the water at all ordinary stages. The framework of the headgate shall be of timber not less than four inches square, and the bottom, sides and gate shall be of plank not less than two inches in thickness.

�� 541.050 Leakage or overflow; liability; exception. Every corporation having constructed a ditch, canal, flume or reservoir under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall be liable for all damages done to the persons or property of others, arising from leakage or overflow of water therefrom growing out of want of strength in the banks or walls, or negligence or want of care in the management of the ditch, canal, flume or reservoir. However, damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another with the ditch, canal, flume or reservoir, which may not be known to the corporation for such length of time as would enable it by the exercise of reasonable efforts to remedy the same, shall not be recovered against the corporation.

�� 541.055 District liability for seepage and leakage from water or flood control works; limitation on commencement of action. (1) Any person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 that owns, operates or maintains any irrigation, drainage, water supply, water control or flood control works shall be liable for damage caused by seepage and leakage from such works only to the extent that such damage is directly and proximately caused by the negligence of the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 and not otherwise. Damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 with the irrigation, drainage, water supply, water control or flood control works, which may not be known to the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 for such length of time as would enable the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 by the exercise of reasonable efforts to remedy the same, shall not be recovered against the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554.

�� (2) An action or suit under subsection (1) of this section must be commenced within two years from the date when the damage is first discovered or in the exercise of reasonable care should have been discovered. However, in no event shall any such action or suit be commenced more than four years from the date the damage actually occurred. [1979 c.882 �1]

�� 541.060 Waste of water; flooding premises; unnecessary diversion. Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall carefully keep and maintain the embankments and walls thereof, and of any reservoir constructed to be used in conjunction therewith, so as to prevent the water from wasting and from flooding or damaging the premises of others. The corporation shall not divert at any time any water for which it has no actual use or demand.

�� 541.070 Ditches, canals and flumes as real estate. All ditches, canals and flumes permanently affixed to the soil, constructed under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, are declared to be real estate, and the same or any interest therein shall be transferred by deed only, duly witnessed and acknowledged. The vendee of the same, or any interest therein, at any stage shall succeed to all the rights of the vendor, and shall be subject to the same liabilities during ownership.

�� 541.080 Suits involving water rights; parties; decree as to priorities. In any suit commenced for the protection of rights to water acquired under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, the plaintiff may make any or all persons who have diverted water from the same stream or source parties to the suit, and the court may in one decree determine the relative priorities and rights of all parties to the suit. Any person claiming a right on the stream or source, not made a party to the suit, may become such on application to the court, when it is made to appear that the person is interested in the result, and may have the right of the person determined. The court may at any stage, on its own motion, require any persons having or claiming rights to water on the stream or source, to be brought in and made parties, when it appears that a complete determination of the issue involved cannot be made without their presence.

APPROPRIATION OF WATER FOR MINING AND ELECTRIC POWER UNDER 1899 ACT

�� 541.110 Use of water to develop mineral resources and furnish power. The use of the water of the lakes and running streams of Oregon for the purpose of developing the mineral resources of the state and to furnish electric power for all purposes, is declared to be a public and beneficial use and a public necessity. Subject to the provisions of the Water Rights Act (as defined in ORS 537.010), the right to divert unappropriated waters of any such lakes or streams for such public and beneficial use is granted.

�� 541.120 Ditches and canals through lands; use of existing ditch by others than owner; joint liability. No tract or parcel of improved or occupied land in this state shall, without the written consent of the owner, be subjected to the burden of two or more ditches, canals, flumes or pipelines constructed under the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the purpose of conveying water through the property, when the same object can be feasibly and practically attained by uniting and conveying all the water necessary to be conveyed through such property in one ditch, canal, flume or pipeline. Any person having constructed a ditch, canal, flume or pipeline for the purpose provided in the Act of 1899 shall allow any other person to enlarge such ditch, canal, flume or pipeline, so as not to interfere with the operations of the person owning the same, and to use such ditch, canal, flume or pipeline in common with the person owning the same, upon payment to such person of a reasonable proportion of the cost of constructing and maintaining the ditch, canal, flume or pipeline. Such persons shall be jointly liable to any person damaged.

�� 541.130 Right of way for ditches across state lands. The right of way to the extent specified in the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the ditches, canals, flumes, pipelines, distributing ditches, and feeders of any person appropriating water under the provisions of that Act, across any and all lands belonging to the State of Oregon and not under contract of sale, is granted.

�� 541.210 [Repealed by 1953 c.328 �2]

APPROPRIATION OF WATER BY THE UNITED STATES

�� 541.220 Survey of stream system; delivery of data to Attorney General; suits for determination of water rights. In any stream system where construction is contemplated by the United States under the Act of Congress approved June 17, 1902, 32 Stat. 388 to 390, and known as the Reclamation Act, the Water Resources Commission shall make a hydrographic survey of the stream system, and shall deliver an abstract thereof together with an abstract of all data necessary for the determination of all rights for the use of the waters of such system, to the Attorney General. The Attorney General, together with the district attorneys of the districts affected by the stream system shall, at the request of the Secretary of the Interior, enter suit on behalf of the State of Oregon, in the name of the state, for the determination of all rights for the use of the water, and shall diligently prosecute the same to a final adjudication. [Amended by 1985 c.673 �101]

�� 541.230 State lands within irrigated area; restrictions on sale; conveyance of lands needed by United States. No lands belonging to the state, within the areas to be irrigated from work constructed or controlled by the United States or its authorized agents, shall be sold except in conformity with the classification of farm units by the United States. The title of such land shall not pass from the state until the applicant therefor has fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of state lands within the limits of such withdrawal shall be accepted, except under the conditions prescribed in this section. Any state lands needed by the United States for irrigation works may, in the discretion of the Department of State Lands, be conveyed to it without charge. [Amended by 1967 c.79 �1]

�� 541.240 Right of way for ditches and canals; reservation in conveyances. There is granted over all the unimproved lands now or hereafter belonging to the state the necessary right of way for ditches, canals, and reservoir sites for irrigation purposes constructed by authority of the United States or otherwise. All conveyances of state land made after May 18, 1905, shall contain a reservation of such right of way and reservoir sites.

�� 541.250 Cession to United States not rescinded. Nothing in ORS 541.220 to 541.240 shall be construed as rescinding the cession by the state to the United States of lands, as provided in chapter 5, Oregon Laws 1905.

SUITS FOR DETERMINATION OF WATER RIGHTS UNDER 1905 ACT

�� 541.310 Suits for determination of rights; parties; survey of stream; disbursements. In any suit wherein the state is a party, for determination of a right to the use of the waters of any stream system, all who claim the right to use the waters shall be made parties. When any such suit has been filed the court shall call upon the Water Resources Commission to make or furnish a complete hydrographic survey of the stream system as provided in ORS 541.220, in order to obtain all data necessary to the determination of the rights involved. The disbursements made in litigating the rights involved in the suit shall be taxed by the court as in other equity suits. [Amended by 1985 c.673 �102]

�� 541.320 Decrees adjudicating rights; filing; statement as to matters adjudicated. Upon the adjudication of the rights to the use of the water of a stream system, a certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed in the Water Resources Department. The decree shall declare, as to the water right adjudged to each party, whether riparian or by appropriation, the extent, the priority, amount, purpose, place of use, and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant, together with such other conditions as may be necessary to define the right and its priority. [Amended by 1985 c.673 �103]

DISTRICT WATER RIGHTS MAPPING

�� 541.325 Definitions for ORS 541.327 to 541.333. As used in ORS 541.327 to 541.333:

�� (1) �District� means any district or corporation organized under ORS chapter 545, 547, 552, 553 or 554 or any corporation, cooperative, company or other association formed before 1917 for the purpose of distributing water for irrigation purposes.

�� (2) �Owned� or �controlled� means ownership in fee, purchase on a land sale contract, option to purchase or lease.

�� (3) �User� means an owner of land with an appurtenant water right that is subject to assessment by a district and that would be altered by the petition and map filed under ORS

ORS 542.750

542.750�� Cooperative studies of projects under federal Watershed Protection and Flood Prevention Act

SURVEY OF WATER RESOURCES

�� 542.010 Contract by Water Resources Commission with federal agencies for investigating and developing water resources; expenses. In order that the natural resources of Oregon in land, water and power may be utilized to the highest advantage of the people, complete cooperation between the state and federal authorities in controlling, investigating and developing these resources in the interest of the people of the state is essential. Therefore, the Water Resources Commission may, on behalf of this state, enter into a contract or agreement with any federal department or bureau having jurisdiction in such matters for the execution of such surveys and investigations and the preparation of such plans, specifications and estimates or other data by cooperation between the state and the federal department or bureau as will, in the judgment of the Water Resources Commission, approved by the Governor, be best suited to accomplish the purposes of ORS 542.010 to 542.050. However, in no case shall the proportion of expense to be borne by this state exceed the proportion to be borne by the other party to the contract or agreement. [Amended by 1985 c.673 �130]

�� 542.020 Purpose of law. The intent of ORS 542.010 to 542.050, as outlined in ORS 542.010, is to have on file ready and available, such detailed surveys and information as will not only permit, but will tend to induce, the beneficial use of water by private persons, irrigation districts, corporations, or possibly by the state or national government.

�� 542.030 Report by commission; contents; copies for public inspection. As soon as practicable after the completion of the surveys and investigations, the Water Resources Commission shall prepare or have prepared a report setting forth the plans, specifications and estimated cost of construction, maintenance and operation of the projects, together with any other information tending to show their feasibility, and may in the discretion of the commission have the report printed in pamphlet form and distributed to those interested. Copies of completed maps, plans, specifications, estimates and reports secured or prepared in connection with any such investigation shall be kept on file in the Water Resources Department at all times, and open for public inspection during business hours. [Amended by 1985 c.673 �131]

�� 542.040 Withholding water from appropriation pending investigation; restrictions on permit to appropriate; repayment of cost of project. (1) The Water Resources Commission, on behalf of the state, shall withdraw and withhold from appropriation any unappropriated water which may be required for any project under investigation or to be investigated under the provisions of ORS 542.010 to 542.050. If the project is found to be feasible, the commission shall withhold the same from appropriation until the money expended in the investigation of the project is repaid to the cooperating parties in proportion to the amount contributed by each unless funds for construction are provided by one or both of the cooperating parties, in which case the commission shall issue a permit without requiring such repayment. No permit to appropriate water which may be in conflict with any such project under investigation shall be approved by the commission, nor shall any assignment of plans and information or any part thereof be made except upon consideration and order by the commission after full hearing of all interested parties.

�� (2) Any moneys returned to the commission under the provisions of this section shall promptly be turned over to the State Treasurer and credited to the General Fund in the State Treasury. [Amended by 1985 c.673 �132]

�� 542.050 Construction work; minor portions of project. As the purposes of ORS 542.010 to 542.050 are to secure the most immediate, as well as the most beneficial, ultimate use of the available waters for any certain project, the Water Resources Commission, as occasion may require, may grant permits and arrange the details so that minor portions of the project may be segregated and constructed at any time. However, the segregation and development of such minor parts shall not interfere to any serious extent with the handling or completion of the balance of the project. [Amended by 1985 c.673 �133]

�� 542.060 Information on availability of water for beneficial uses; duties of Water Resources Commission; gauging stations; publication of information. The Water Resources Commission shall establish gauging stations at suitable points on the various streams of the state to determine the daily and seasonal fluctuations in the flow of the water; shall make surveys and profiles to determine the fall of stream suitable for power development; and shall prepare topographic maps of the territory adjacent to the private streams of the state, so that the availability of water for power, irrigation or other beneficial uses may be determined and made known to the public. All such maps and information shall be made a matter of record in the Water Resources Department and the commission shall publish a summary of all such information in the most practical and economical manner for presentation to the public. The commission shall enter into such agreements and contracts as will insure that the surveys and investigations are carried on in the most economical manner, and that the maps and data are made available to the use of the public as quickly as possible. [Amended by 1985 c.673 �134]

�� 542.070 Entry on lands. In order to carry out the purpose of ORS 542.060 all persons employed under that section may enter and cross all lands within the state; provided, that in so doing, no unnecessary damage is done to private property.

�� 542.075 Identification and funding of water projects offering significant public benefit; limitation. (1) The Water Resources Commission, with the approval of the Governor, may identify proposed or existing water projects which offer significant public benefit, and recommend to the Legislative Assembly funding of those projects in proportion to the public benefits offered by an existing project, or expected to be obtained from a proposed project.

�� (2) In order to be eligible for funding under subsection (1) of this section, the Water Resources Commission must identify an existing project within five years after the project first becomes operable. [1981 c.172 �3; 1985 c.673 �135; 1989 c.587 �4]

�� 542.080 Cooperation with federal agencies; contracts. On behalf of this state, the Water Resources Commission may cooperate with the Federal Energy Regulatory Commission, the United States Geological Survey, the United States Reclamation Service, or any other federal agency or commission engaged in similar work, and may enter into contracts or agreements whenever it appears desirable or advantageous to the state. [Amended by 1985 c.673 �136]

�� 542.090 Moneys from licenses under Federal Waterpower Act; disposal. Any moneys arising from power licenses under the Federal Waterpower Act, approved June 10, 1920, and paid over to the state, shall be credited by the State Treasurer to the General Fund.

�� 542.100 Acceptance and expenditure of gifts and grants for hydrologic investigations; accounting. The Water Resources Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of conducting hydrologic investigations of Oregon water resources and to assist in carrying out the commission�s functions as provided by law. All moneys received by the commission under this section shall be kept in separate accounts designated according to the purposes for which such moneys were received. The commission shall keep a true and full account of receipts and disbursements under this section. [1965 c.77 �2; 1985 c.673 �137]

WILLAMETTE RIVER BASIN PROJECT

�� 542.110 Public interest requiring construction of system of works. (1) It hereby is declared that public interest, welfare, convenience and necessity require the construction of a system of works in accordance with the general comprehensive plan for flood control, navigation and other purposes in the Willamette River Basin, as set forth in House Document 544, Seventy-fifth Congress, third session, and the Act of the Seventy-fifth Congress approved June 28, 1938, 52 Stat. 1222, authorizing the construction of certain public works, including the Willamette River Basin Project.

�� (2) The Water Resources Commission may act for the state in all matters necessary or advisable in the promotion, construction and maintenance of the Willamette River Basin Project. [Amended by 1955 c.707 �57]

�� 542.120 [Repealed by 1955 c.707 �75]

�� 542.130 [Repealed by 1955 c.707 �75]

�� 542.140 [Repealed by 1955 c.707 �75]

�� 542.150 [Repealed by 1955 c.707 �75]

�� 542.160 [Repealed by 1955 c.707 �75]

ROGUE RIVER WATERSHED PROJECT

�� 542.210 Construction of federal dams and structures in Rogue River; limitations. In order to further necessary investigations and studies for the maximum development of the Rogue River basin and watershed and to conserve established and potential uses thereof, and to facilitate full consideration of various projects to accomplish a coordinated and comprehensive development of the basin and watershed, the United States and its authorized agencies may construct in the Rogue River and on its bed dams and such other structures as the government deems necessary, upon compliance with the laws of Oregon. However, no dam or structure hereby authorized shall be placed in the Rogue River between the intersection of the river with the south line of section 10, township 34 south, range 1 west of the Willamette Meridian in Jackson County, and the confluence of that river with the Pacific Ocean, which would interfere with the free passage of fish up or down stream. No dam or other structure shall be constructed by any person in or on the bed of the Rogue River below its intersection with the south line of section 27, township 33 south, range 1 east of the Willamette Meridian, in Jackson County, except as authorized by this section.

�� 542.310 [Amended by 1953 c.622 �5; repealed by 1955 c.707 �75]

�� 542.320 [Amended by 1953 c.622 �5; repealed by 1955 c.707 �75]

�� 542.330 [Amended by 1953 c.622 �5; repealed by 1955 c.707 �75]

�� 542.340 [1953 c.622 �4; repealed by 1955 c.707 �75]

�� 542.410 [1953 c.431 �1; repealed by 1957 c.142 �5]

�� 542.420 [1953 c.431 �2; repealed by 1957 c.142 �5]

�� 542.430 [1953 c.431 �3; repealed by 1957 c.142 �5]

�� 542.440 [1953 c.431 �4; repealed by 1957 c.142 �5]

�� 542.450 [1953 c.431 �5; repealed by 1957 c.142 �5]

�� 542.460 [1953 c.431 �8; repealed by 1957 c.142 �5]

�� 542.470 [1953 c.431 �7; repealed by 1957 c.142 �5]

�� 542.480 [1953 c.431 �9; repealed by 1957 c.142 �5]

�� 542.490 [1953 c.431 �6; repealed by 1957 c.142 �5]

OREGON-CALIFORNIA GOOSE LAKE INTERSTATE COMPACT

�� 542.510 Oregon-California Goose Lake Interstate Compact ratified; when effective. (1) The Legislative Assembly of the State of Oregon hereby ratifies the Oregon-California Goose Lake Interstate Compact as set out in ORS 542.520. The provisions of the compact are declared to be the laws of this state at such time as the compact becomes effective as provided in subsection (2) of this section.

�� (2) The compact becomes effective when it has been ratified by the legislatures of the States of Oregon and California and has been consented to by the Congress of the United States as provided in Article VII of the compact. [1963 c.473 �1]

�� Note: The Oregon-California Goose Lake Interstate Compact became effective on July 2, 1984. The compact was ratified by the State of Oregon by chapter 473, Oregon Laws 1963 (signed by Governor on June 6, 1963). The compact was ratified by the State of California by chapter 1059, California Statutes 1963 (signed by Governor on June 28, 1963). The Congress of the United States consented to the compact by Public Law 98-334, 98th Congress (signed by President on July 2, 1984).

�� 542.520 Oregon-California Goose Lake Interstate Compact. The provisions of the Oregon-California Goose Lake Interstate Compact are as follows:

ARTICLE I

PURPOSES

�� The major purposes of this compact are:

�� A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control of the water resources of Goose Lake Basin.

�� B. To further intergovernmental cooperation and comity and to remove the causes of present and future controversies by (1) providing for continued development of the water resources of Goose Lake Basin by the States of California and Oregon, and (2) prohibiting the export of water from Goose Lake Basin without consent of the legislatures of California and Oregon.

ARTICLE II

DEFINITION OF TERMS

�� As used in this compact:

�� A. �Goose Lake Basin� shall mean the drainage area of Goose Lake within the States of California and Oregon and all closed basins included in the Goose Lake drainage basin as delineated on the official map of the Goose Lake Basin which is attached to and made a part of this compact.

�� B. �Person� shall mean the States of Oregon and California, any individual and any other entity, public or private.

�� C. �Water,� �waters� or �water resources� shall mean any water appearing on the surface of the ground in streams, lakes, or otherwise, and any water beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of Goose Lake Basin.

ARTICLE III

DISTRIBUTION AND USE OF WATER

�� A. There are hereby recognized vested rights to the use of waters originating in Goose Lake Basin existing as of the effective date of this compact and established under the laws of California and Oregon.

�� B. Except as provided in this Article, this compact shall not be construed as affecting or interfering with appropriation under the laws of California and Oregon of unappropriated waters of Goose Lake Basin for use within the basin.

�� C. Export of water from Goose Lake Basin for use outside the basin without prior consent of both state legislatures is prohibited.

�� D. Each state hereby grants the right for a person to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Goose Lake Basin in one state for use within the basin in the other state, providing the right to such use is secured by appropriation under the general laws administered by the Water Resources Director of the State of Oregon or the Water Rights Board of California and the laws of the state from which the water is to be taken shall control.

�� E. Should any facilities be constructed in one state to implement use of water in the other state, the construction, operation, repairs and replacement of such facilities shall be subject to the laws of the state in which the facilities are constructed.

ARTICLE IV

ADMINISTRATION

�� No commission or administrative body is necessary to administer this compact.

ARTICLE V

TERMINATION

�� This compact may be terminated at any time by consent of the legislatures of California and Oregon and upon such termination all rights then established hereunder shall continue unimpaired.

ARTICLE VI

GENERAL PROVISIONS

�� Nothing in this compact shall be construed to limit, or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction thereof for the protection of any right under this compact or the enforcement of any of its provisions.

ARTICLE VII

RATIFICATION

�� A. This compact shall become operative when ratified by the legislatures of California and Oregon and consented to by the Congress of the United States.

�� B. This compact shall remain in full force and effect until amended in the same manner as is required for it to be ratified to become operative or until terminated.

�� C. A copy of any proposed amendments to or termination of this compact shall be filed with the Board of Supervisors of Modoc County, California, and the County Court of Lake County, Oregon, at least 30 days prior to any legislative consideration by the legislatures of the States of California and Oregon.

ARTICLE VIII

FEDERAL RIGHTS

�� Nothing in this compact shall be deemed:

�� A. To impair or affect the existing rights or powers of the United States of America, its agencies, or instrumentalities, in and to the use of the waters of the Goose Lake Basin nor its capacity to acquire rights in and to the use of said waters.

�� B. To subject any property of the United States of America, its agencies or instrumentalities to taxation by any state or subdivision thereof, nor to create an obligation on the part of the United States of America, its agencies or instrumentalities by reason of the acquisition, construction or operation of any property or works of whatsoever kind, to make any payments to any state or political subdivision thereof, state agency, municipality or entity, whatsoever in reimbursement for the loss of taxes.

�� C. To subject any property of the United States of America, its agencies or instrumentalities, to the laws of any state to any extent other than the extent to which these laws would apply without regard to the compact.

[1963 c.473 �2]

COLUMBIA RIVER NATURAL

RESOURCES MANAGEMENT COMPACT

�� 542.550 Content of Columbia River Natural Resources Management Compact; when effective. A compact, in form as in this section fully set forth, shall be in effect when the States of Idaho, Montana and Washington become parties thereto, and the consent of Congress has been granted as required by section 10, Article I of the United States Constitution.

�� The contracting states do hereby agree as follows:

ARTICLE I

�� The purposes of this compact, entitled the Columbia River Natural Resources Management Compact, are and shall be to promote the better regional management and coordination of natural resources management issues and other issues pertaining to the governance and use of the Columbia River.

ARTICLE II

�� This agreement shall become operative immediately as to those states executing it in the form that is in accordance with the laws of the executing states and the Congress has given its consent.

ARTICLE III

�� Each state joining herein shall appoint, as determined by state statutes, six legislators, three from the state Senate and three from the state House of Representatives, to a commission hereby constituted and designated as the Columbia River Governance Commission. Of the members appointed, all may not belong to the same political party. This commission shall be invested with the powers and duties set forth herein.

�� The term of each commissioner of the Columbia River Governance Commission shall be four years. A commissioner shall hold office until a successor shall be appointed and qualified but such successor�s term shall expire four years from legal date of expiration of the term of the predecessor. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled for the unexpired term, or a commissioner may be removed from office, as provided by the statutes of the state concerned. Each commissioner may delegate in writing from time to time, to a deputy, the power to be present and participate, including voting as the representative or substitute, at any meeting of or hearing by or other proceeding of the commission.

�� Voting powers under this compact shall be limited to one vote for each state regardless of the number of representatives.

ARTICLE IV

�� The duty of the Columbia River Governance Commission shall be to assess programs of state and federal agencies responsible for natural resource management issues and governance issues of the Columbia River and to participate in decision-making by federal agencies on issues affecting the use of and activities on the Columbia River. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the efficient use and management of the Columbia River and resources related to the Columbia River.

�� To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the Governors and legislative branches of the various signatory states hereto legislation dealing with the governance and management of the Columbia River and the natural resources related to the Columbia River over which the signatory states jointly or separately now have or may hereafter acquire jurisdiction. The commission shall, more than one month prior to any regular meeting of the legislative branch in any state signatory hereto, present to the Governor of such state its recommendations relating to enactments by the legislative branch of that state in furthering the intents and purposes of this compact.

�� The commission shall consult with and advise the pertinent administrative agencies in the signatory states of such regulations as it deems advisable with regard to problems connected with the governance and use of the Columbia River and that lie within the jurisdiction of such agencies.

�� The commission shall have power to recommend to the federal government and to states signatory hereto management strategies for the natural resources of the Columbia River and any changes to federal or state statutes, regulations or rules necessary to the efficient and sound governance of the Columbia River and its natural resources.

ARTICLE V

�� The commission shall elect from its number a chairperson and a vice chairperson and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry out the provisions of this compact and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place within the territorial limits of the signatory states but must meet at least once a year.

ARTICLE VI

�� No action shall be taken by the commission except by the affirmative vote of a majority of the whole number of compacting states represented at any meeting. No recommendation shall be made by the commission in regard to the management of natural resources related to, or the governance and use of, the Columbia River except by the vote of a majority of the compacting states that have an interest in such issues.

ARTICLE VII

�� The natural resource agencies of the signatory states shall act in collaboration as the official research agency of the Columbia River Governance Commission.

�� An advisory committee to be representative of such other interests of each state as the commission deems advisable shall be established by the commission as soon as practicable for the purpose of advising the commission upon such recommendations as it may desire to make.

ARTICLE VIII

�� Nothing in this compact shall be construed to limit the powers of any state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any state imposing additional conditions and restrictions to conserve its natural resources.

ARTICLE IX

�� Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the Governor thereof.

ARTICLE X

�� The states that sign this compact agree to make available annual funds for the support of the commission on the following basis:

�� Sixty percent (60%) of the annual budget shall be shared equally by those member states having as a boundary the Columbia River; and forty percent (40%) of the annual budget shall be shared equally by the other member states.

�� The annual contribution of each member state shall be figured to the nearest one hundred dollars.

�� This article shall become effective upon its enactment by the States of Idaho, Montana, Oregon and Washington and upon ratification by Congress by virtue of the authority vested in it under section 10, Article I of the United States Constitution.

ARTICLE XI

�� This compact shall continue in force and remain binding upon each state until renounced by it. Renunciation of this compact must be preceded by sending six months� written notice of intention to withdraw from the compact to the other parties hereto.

ARTICLE XII

�� The State of Nevada or any state having rivers or streams tributary to the Columbia River may become a contracting state by enactment of the Columbia River Natural Resources Management Compact. Upon admission of any new state to the compact, the purposes of the compact and the duties of the commission shall extend to the development of joint programs for the use and governance of the Columbia River and its natural resources in which the contracting states share mutual concerns.

[1999 c.540 �1]

�� Note: 542.550 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 542 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

KLAMATH RIVER BASIN COMPACT

�� 542.610 Klamath River Basin Compact ratified; when effective. (1) The Legislative Assembly of the State of Oregon hereby ratifies the Klamath River Basin Compact set forth in ORS 542.620, and the provisions of such compact hereby are declared to be the law of this state upon such compact becoming effective as provided in subsection (2) of this section.

�� (2) The compact shall become effective when it has been ratified by the legislatures of the States of California and Oregon, and has been consented to by the Congress of the United States as provided in Article XIII of the compact. [1957 c.142 �1]

�� Note: The Klamath River Basin Compact became effective on September 11, 1957. The compact was ratified by the State of Oregon by chapter 142, Oregon Laws 1957 (signed by Governor on April 17, 1957). The compact was ratified by the State of California by chapter 113, California Statutes 1957 (signed by Governor on April 17, 1957, and effective on September 11, 1957). The Congress of the United States consented to the compact by Public Law 85-222, 85th Congress (signed by President on August 30, 1957).

�� 542.620 Klamath River Basin Compact. The provisions of the Klamath River Basin Compact are as follows:

ARTICLE I

PURPOSES

�� The major purposes of this compact are, with respect to the water resources of the Klamath River Basin:

�� A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control thereof for various purposes, including, among others: The use of water for domestic purposes; the development of lands by irrigation and other means; the protection and enhancement of fish, wildlife and recreational resources; the use of water for industrial purposes and hydroelectric power production; and the use and control of water for navigation and flood prevention.

�� B. To further intergovernmental cooperation and comity with respect to these resources and programs for their use and development and to remove causes of present and future controversies by providing (1) for equitable distribution and use of water among the two states and the Federal Government, (2) for preferential rights to the use of water after the effective date of this compact for the anticipated ultimate requirements for domestic and irrigation purposes in the Upper Klamath River Basin in Oregon and California, and (3) for prescribed relationships between beneficial uses of water as a practicable means of accomplishing such distribution and use.

ARTICLE II

DEFINITION OF TERMS

�� As used in this compact:

�� A. �Klamath River Basin� shall mean the drainage area of the Klamath River and all its tributaries within the States of California and Oregon and all closed basins included in the Upper Klamath River Basin.

�� B. �Upper Klamath River Basin� shall mean the drainage area of the Klamath River and all its tributaries upstream from the boundary between the States of California and Oregon and the closed basins of Butte Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and Crater Lake, as delineated on the official map of the Upper Klamath River Basin approved on September 6, 1956, by the commissions negotiating this compact and filed with the Secretaries of State of the two states and the General Services Administration of the United States, which map is incorporated by reference and made a part hereof.

�� C. �Commission� shall mean the Klamath River Compact Commission as created by Article IX of this compact.

�� D. �Klamath Project� of the Bureau of Reclamation of the Department of the Interior of the United States shall mean that area as delineated by appropriate legend on the official map incorporated by reference under subdivision B of this Article.

�� E. �Person� shall mean any individual or any other entity, public or private, including either state, but excluding the United States.

�� F. �Keno� shall mean a point on the Klamath River at the present needle dam, or any substitute control dam constructed in section 36, township 39 south, range 7 east, Willamette Base and Meridian.

�� G. �Water� or �waters� shall mean waters appearing on the surface of the ground in streams, lakes or otherwise, regardless of whether such waters at any time were or will become ground water, but shall not include water extracted from underground sources until after such water is used and becomes surface return flow or waste water.

�� H. �Domestic use� shall mean the use of water for human sustenance, sanitation and comfort; for municipal purposes; for livestock watering; for irrigation of family gardens; and for other like purposes.

�� I. �Industrial use� shall mean the use of water in manufacturing operations.

�� J. �Irrigation use� shall mean the use of water for production of agricultural crops, including grain grown for feeding wildfowl.

ARTICLE III

DISTRIBUTION AND USE OF WATER

�� A. There are hereby recognized vested rights to the use of waters originating in the Upper Klamath River Basin validly established and subsisting as of the effective date of this compact under the laws of the state in which the use or diversion is made, including rights to the use of waters for domestic and irrigation uses within the Klamath Project. There are also hereby recognized rights to the use of all waters reasonably required for domestic and irrigation uses which may hereafter be made within the Klamath Project.

�� B. Subject to the rights described in subdivision A of this Article and excepting the uses of water set forth in subdivision E of Article XI, rights to the use of unappropriated waters originating within the Upper Klamath River Basin for any beneficial use in the Upper Klamath River Basin, by direct diversion or by storage for later use, may be acquired by any person after the effective date of this compact by appropriation under the laws of the state where the use is to be made, as modified by the following provisions of this subdivision B and subdivision C of this Article, and may not be acquired in any other way:

�� 1. In granting permits to appropriate waters under this subdivision B, as among conflicting applications to appropriate when there is insufficient water to satisfy all such applications, each state shall give preference to applications for a higher use over applications for a lower use in accordance with the following order of uses:

�� (a) Domestic use,

�� (b) Irrigation use,

�� (c) Recreational use, including use for fish and wildlife,

�� (d) Industrial use,

�� (e) Generation of hydroelectric power,

�� (f) Such other uses as are recognized under the laws of the state involved.

These uses are referred to in this compact as uses (a), (b), (c), (d), (e) and (f), respectively. Except as to the superiority of rights to the use of water for use (a) or (b) over the rights to the use of water for use (c), (d), (e) or (f), as governed by subdivision C of this Article, upon a permit being granted and a right becoming vested and perfected by use, priority in right to the use of water shall be governed by priority in time within the entire Upper Klamath River Basin regardless of state boundaries. The date of priority of any right to the use of water appropriated for the purposes above enumerated shall be the date of the filing of the application therefor, but such priority shall be dependent on commencement and completion of construction of the necessary works and application of the water to beneficial use with due diligence and within the times specified under the laws of the state where the use is to be made. Each state shall promptly provide the commission and the appropriate official of the other state with complete information as to such applications and as to all actions taken thereon.

�� 2. Conditions on the use of water under this subdivision B in Oregon shall be:

�� (a) That there shall be no diversion of waters from the Upper Klamath River Basin, but this limitation shall not apply to out-of-basin diversions of waters originating within the drainage area of Fourmile Lake.

�� (b) That water diverted from Upper Klamath Lake and the Klamath River and its tributaries upstream from Keno, Oregon, for use in Oregon and not consumed therein and appearing as surface return flow and waste water within the Upper Klamath River Basin shall be returned to the Klamath River or its tributaries above Keno, Oregon.

�� 3. Conditions on the use of water under this subdivision B in California shall be:

�� (a) That the waters diverted from the Klamath River within the Upper Klamath River Basin for use in California shall not be taken outside the Upper Klamath River Basin.

�� (b) That substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, Oregon.

�� C. 1. All rights, acquired by appropriation after the effective date of this compact, to use waters originating within the Upper Klamath River Basin for use (a) or (b) in the Upper Klamath River Basin in either state shall be superior to any rights, acquired after the effective date of this compact, to use such waters (i) for any purpose outside the Klamath River Basin by diversion in California or (ii) for use (c), (d), (e) or (f) anywhere in the Klamath River Basin. Such superior rights shall exist regardless of their priority in time and may be exercised with respect to inferior rights without the payment of compensation. But such superior rights to use water for use (b) in California shall be limited to the quantity of water necessary to irrigate 100,000 acres of land, and in Oregon shall be limited to the quantity of water necessary to irrigate 200,000 acres of land.

�� 2. The provisions of paragraph 1 of this subdivision C shall not prohibit the acquisition and exercise after the effective date of this compact of rights to store waters originating within the Upper Klamath River Basin and to make later use of such stored water for any purpose, as long as the storing of waters for such later use, while being effected, does not interfere with the direct diversion or storage of such waters for use (a) or (b) in the Upper Klamath River Basin.

ARTICLE IV

HYDROELECTRIC POWER

�� It shall be the objective of each state, in the formulation and the execution and the granting of authority for the formulation and execution of plans for the distribution and use of the water of the Klamath River Basin, to provide for the most efficient use of available power head and its economic integration with the distribution of water for other beneficial uses in order to secure the most economical distribution and use of water and lowest power rates which may be reasonable for irrigation and drainage pumping, including pumping from wells.

ARTICLE V

INTERSTATE DIVERSION AND STORAGE RIGHTS; MEASURING DEVICES

�� A. Each state hereby grants for the benefit of the other and its designees the right to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Upper Klamath River Basin in one state for use in the other insofar as the exercise of such right may be necessary to effectuate and comply with the terms of this compact. The location of such facilities shall be subject to approval by the commission.

�� B. Each state or its designee, exercising within the jurisdiction of the other a right granted under subdivision A of this Article, shall make provision for the establishment, operation and maintenance of permanent gaging stations at such points on streams or reservoir or conveyance facilities as may be required by the commission for the purpose of ascertaining and recording the volume of diversions by the streams or facilities involved. Said stations shall be equipped with suitable devices for determining the flow of water at all times. All information obtained from such stations shall be compiled in accordance with the standards of the United States Geological Survey, shall be filed with the commission, and shall be available to the public.

ARTICLE VI

ACQUISITION OF PROPERTY FOR STORAGE AND DIVERSION; IN LIEU TAXES

�� A. Subject to approval of the commission, either state shall have the right (1) to acquire such property rights in the other state as are necessary for the diversion, storage, conveyance, measurement and use of water in conformity with this compact, by donation or purchase, or (2) to elect to have the other state acquire such property rights for it by purchase or through the exercise of the power of eminent domain. A state making the latter election shall make a written request therefor and the other state shall expeditiously acquire said property rights either by purchase at a price satisfactory to the requesting state, or, if such purchase cannot be made, then through the exercise of its power of eminent domain, and shall convey said property rights to the requesting state or its designee. All costs of such acquisition shall be paid by the requesting state. Neither state shall have any greater power to acquire property rights for the other state through the exercise of the power of eminent domain than it would have under its laws to acquire the same property rights for itself.

�� B. Should any diversion, storage or conveyance facilities be constructed or acquired in either state for the benefit of the other state, as herein provided, the construction, repair, replacement, maintenance and operation of such facilities shall be subject to the laws of the state in which the facilities are located, except that the proper officials of that state shall permit the storage, release and conveyance of any water to which the other state is entitled under this compact.

�� C. Either state having property rights other than water rights in the other state acquired as provided in this Article shall pay to each political subdivision of the state in which such property rights are located, each and every year during which such rights are held, a sum of money equivalent to the average annual amount of taxes assessed against those rights during the 10 years preceding the acquisition of such rights in reimbursement for the loss of taxes to such political subdivisions of the state. Payments so made to a political subdivision shall be in lieu of any and all taxes by that subdivision on the property rights for which the payments are made.

ARTICLE VII

POLLUTION CONTROL

�� A. The states recognize that the growth of population and the economy of the Upper Klamath River Basin can result in pollution of the waters of the Upper Klamath River Basin constituting a menace to the health and welfare of, and occasioning economic loss to, people living or having interests in the Klamath River Basin. The states recognize further that protection of the beneficial uses of the waters of the Klamath River Basin requires cooperative action of the two states in pollution abatement and control.

�� B. To aid in such pollution abatement and control, the commission shall have the duty and power:

�� 1. To cooperate with the states or agencies thereof or other entities and with the United States for the purpose of promoting effective laws and the adoption of effective regulations for abatement and control of pollution of the waters of the Klamath River Basin, and from time to time to recommend to the governments reasonable minimum standards for the quality of such waters.

�� 2. To disseminate to the public by any and all appropriate means information respecting pollution abatement and control in the waters of the Klamath River Basin and on the harmful and uneconomic results of such pollution.

�� C. Each state shall have the primary obligation to take appropriate action under its own laws to abate and control interstate pollution, which is defined as the deterioration of the quality of the waters of the Upper Klamath River Basin within the boundaries of such state which materially and adversely affects beneficial uses of waters of the Klamath River Basin in the other state. Upon complaint to the commission by the state water pollution control agency of one state that interstate pollution originating in the other state is not being prevented or abated, the procedure shall be as follows:

�� 1. The commission shall make an investigation and hold a conference on the alleged interstate pollution with the water pollution control agencies of the two states, after which the commission shall recommend appropriate corrective action.

�� 2. If appropriate corrective action is not taken within a reasonable time, the commission shall call a hearing, giving reasonable notice in writing thereof to the water pollution control agencies of the two states and to the person or persons which it is believed are causing the alleged interstate pollution. Such hearing shall be held in accordance with rules and regulations of the commission, which shall conform as nearly as practicable with the laws of the two states governing administrative hearings. At the conclusion of such hearing, the commission shall make a finding as to whether interstate pollution exists, and if so, shall issue to any person or persons which the commission finds are causing such interstate pollution an order or orders for correction thereof.

�� 3. It shall be the duty of the person against whom any such order is issued to comply therewith. Any court of general jurisdiction of the state where such discharge is occurring or the United States District Court for the district where the discharge is occurring shall have jurisdiction, on petition of the commission for enforcement of such order, to compel action by mandamus, injunction, specific performance, or any other appropriate remedy, or on petition of the person against whom the order is issued to review any order. At the conclusion of such enforcement or review proceedings, the court may enter such decree or judgment affirming, reversing, modifying, or remanding such order as in its judgment is proper in the circumstances on the basis of the rules customarily applicable in proceedings for court enforcement or review of administrative actions.

�� D. The water pollution control agencies of the two states shall, from time to time, make available to the commission all data relating to the quality of the waters of the Upper Klamath River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made.

ARTICLE VIII

MISCELLANEOUS

�� A. Subject to vested rights as of the effective date of this compact, there shall be no diversion of waters from the basin of Jenny Creek to the extent that such waters are required, as determined by the commission, for use on land within the basin of Jenny Creek.

�� B. Each state shall exercise whatever administrative, judicial, legislative or police powers it has that are required to provide any necessary reregulation or other control over the flow of the Klamath River downstream from any hydroelectric power plant for protection of fish, human life or property from damage caused by fluctuations resulting from the operation of such plant.

ARTICLE IX

ADMINISTRATION

�� A. 1. There is hereby created a commission to administer this compact. The commission shall consist of three members. The representative of the State of California shall be the Department of Water Resources. The representative of the State of Oregon shall be the Water Resources Commission of Oregon who shall serve as ex officio representative of the Water Resources Commission of Oregon. The President is requested to appoint a federal representative who shall be designated and shall serve as provided by the laws of the United States.

�� 2. The representative of each state shall be entitled to one vote in the commission. The representative of the United States shall serve as chairman of the commission without vote. The compensation and expenses of each representative shall be fixed and paid by the government which he represents. Any action by the commission shall be effective only if it be agreed to by both voting members.

�� 3. The commission shall meet to establish its formal organization within 60 days after the effective date of this compact, such meeting to be at the call of the Governors of the two states. The commission shall then adopt its initial set of rules and regulations governing the management of its internal affairs providing for, among other things, the calling and holding of meetings, the adoption of a seal, and the authority and duties of the chairman and executive director. The commission shall establish its office within the Upper Klamath River Basin.

�� 4. The commission shall appoint an executive director, who shall also act as secretary, to serve at the pleasure of the commission and at such compensation, under such terms and conditions and performing such duties as it may fix. The executive director shall be the custodian of the records of the commission with authority to affix the commission�s official seal, and to attest to and certify such records or copies thereof. The commission, without regard to the provisions of the civil service laws of either state, may appoint and discharge such consulting, clerical and other personnel as may be necessary for the performance of the commission�s functions, may define their duties, and may fix and pay their compensation. The commission may require the executive director and any of its employees to post official bonds, and the cost thereof shall be paid by the commission.

�� 5. All records, files and documents of the commission shall be open for public inspection at its office during established office hours.

�� 6. No member, officer or employee of the commission shall be liable for injury or damage resulting from (a) action taken by such member, officer or employee in good faith and without malice under the apparent authority of this compact, even though such action is later judicially determined to be unauthorized, or (b) the negligent or wrongful act or omission of any other person, employed by the commission and serving under such officer, member or employee, unless such member, officer or employee either failed to exercise due care in the selection, appointment or supervision of such other person, or failed to take all available action to suspend or discharge such other person after knowledge or notice that such other person was inefficient or incompetent to perform the work for which he was employed. No suit may be instituted against a member, officer or employee of the commission for damages alleged to have resulted from the negligent or wrongful act or omission of such member, officer or employee or a subordinate thereof occurring during the performance of his official duties unless, within 90 days after occurrence of the incident, a verified claim for damages is presented in writing and filed with such member, officer or employee and with the commission. In the event of a suit for damages against any member, officer or employee of the commission on account of any act or om

ORS 543.710

543.710 increased 25 percent. The state shall have a preference lien for the fees due, together with interest at the rate of 10 percent per annum from date of delinquency, upon the property of the claimant used, or necessary for use, in the development of the right or claim, together with any improvements erected on the property for such development. Upon notice from the commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed.

�� (3) The filing of a claim to water in excess of the amount to which the claimant is legally entitled shall not operate to vest in the claimant any right to the use of such excess water, nor shall the payment of the annual license fee provided for in ORS 543.710 operate to vest in any claimant any right to the use of such water beyond the amount to which claimant is legally entitled. The filing of any such claim to water shall be conclusive evidence as to the abandonment by the claimant of all rights to water for power purposes in excess of the claim as filed.

�� (4) The amount of theoretical water horsepower upon which fees shall be paid under the provisions of this section and ORS 543.710 shall be computed by multiplying the maximum amount of water claimed, expressed in cubic feet per second, by the average total fall utilized, expressed in feet, and dividing the product by 8.8. [Amended by 1985 c.673 �163]

�� 543.725 [1985 c.674 �9; repealed by 1991 c.869 �15]

�� 543.730 Failure to file statement or pay fees as evidence of abandonment of claim; cancellation of claim, permit and water right certificate. (1) Failure of any claimant for a period of five successive years ending after August 20, 1957, to file the written statement showing the extent of the claim as required by ORS 543.720, or failure of any claimant for a period of five successive years ending after August 20, 1957, to pay the annual license fee as required by ORS 543.710, shall be conclusive evidence of the abandonment by the claimant of the claim and of all right to water for power purposes in connection with such claim.

�� (2) When a claim is abandoned under the provisions of subsection (1) of this section, or whenever a claimant has voluntarily authorized, in writing, the cancellation of a claim or the water right in connection therewith, the Water Resources Commission shall:

�� (a) Cancel the claim on the records of the Water Resources Department.

�� (b) Cancel any permit to appropriate water or any water right certificate issued in connection with such claim. [1957 c.333 �3; 1979 c.67 �7; 1985 c.673 �164]

USE OF EXISTING WATER RIGHT FOR HYDROELECTRIC PURPOSES

�� 543.760 Definition of water right. As used in ORS 543.765, �water right� means a water use established by an adjudication under ORS chapter 539 as evidenced by a court decree or a certificated ground water or surface water right that is issued for some use other than for hydroelectric power and that serves as the underlying water right for an application to use water for hydroelectric purposes. [2007 c.657 �1]

�� Note: 543.760 and 543.765 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.765 Certificate to use water for hydroelectric purposes within artificial delivery system; expedited application process; certificate conditions; annual payments; fees. (1) Notwithstanding ORS 537.145 and ORS chapter 543:

�� (a) The holder of a water right may apply to the Water Resources Department for a certificate to use water for hydroelectric purposes within an artificial delivery system under the applicant�s existing water right.

�� (b) A municipal corporation or people�s utility district, as defined in ORS 261.010, may apply to the department for a certificate to use water for hydroelectric purposes within a piped conduit in an artificial delivery system that is delivering water for municipal uses even if the municipal corporation or people�s utility district is not the holder of the underlying municipal water right, if the municipal corporation or people�s utility district obtains from the holder of the underlying municipal water right, and provides to the department with the application, a written statement authorizing the municipal corporation or people�s utility district to use the water for hydroelectric purposes.

�� (2) If the proposed hydroelectric project meets the applicable capacity limitation under this subsection and meets either the qualifications for a Federal Energy Regulatory Commission exemption from licensing or similar qualifications of another federal agency responsible for authorizing the project, the applicant may use the expedited application process under this section regardless of which federal agency issues the authorization. To qualify under this subsection:

�� (a) For a project that is to be built as part of an existing dam, the capacity may not exceed five megawatts. Subsection (6)(b) of this section does not apply to a project described in this paragraph.

�� (b) For in-conduit projects, the capacity may not exceed 15 megawatts for a nonmunicipal facility or 40 megawatts for a municipal facility. Projects described in this paragraph must comply with subsection (6)(b) of this section.

�� (3) An application, which shall be on a form provided by the Water Resources Department, for a hydroelectric certificate under this section must include:

�� (a) The certificate number, or decree reference if no confirming certificate has been issued, of the applicant�s existing water right, or the underlying water right, associated with the proposed hydroelectric project.

�� (b) A copy of either a Federal Energy Regulatory Commission exemption application or a similar application submitted to the federal agency responsible for authorizing the project, if applicable.

�� (c) A proposed schedule of annual water use and an estimate of the maximum power generation of the proposed hydroelectric project.

�� (d) A statement by the applicant that the amount of water used by the proposed hydroelectric project will not exceed the amount authorized and used under the applicant�s existing water right, or the underlying water right, for beneficial use without waste.

�� (e) A statement that the applicant owns or otherwise controls the water conveyance system.

�� (f) An application processing fee of $500. The department shall deposit fees collected under this section into the Water Resources Department Hydroelectric Fund established pursuant to ORS 536.015.

�� (g) A map or drawing and all other data concerning the proposed hydroelectric project, as may be prescribed by the department. The map or drawing must be of sufficient quality and scale to establish the location of the existing point of diversion and the proposed location of the hydroelectric project.

�� (h) If the water to be used for the proposed hydroelectric project is delivered by a public entity other than the applicant for a certificate under this section, a statement from that entity that the entity will be able to deliver water as described in the application.

�� (i) Evidence that the water has been used over the past five years according to the terms and conditions of the applicant�s existing water right, or the underlying water right, described in paragraph (a) of this subsection.

�� (4) If an applicant provides the information required by subsection (3) of this section:

�� (a) The Water Resources Department shall provide notice to both the State Department of Fish and Wildlife and the public, and provide a 30-day period for public comment.

�� (b) The Water Resources Department may issue a final order and certificate to use water for hydroelectric purposes upon making a final determination that the proposed hydroelectric use does not impair, or is not detrimental to, the public interest in the manner provided in ORS 537.170 (7).

�� (5) If the Water Resources Department determines that public interest issues have been identified, the department shall issue a final order denying the application. The department shall also issue a final order denying the application if the department identifies issues related to the public interest. If the applicant does not appeal the final order as provided in ORS chapter 183 and, within one year of the department�s final order denying the applicant�s application, files an application with the department for a preliminary permit to operate a hydroelectric project as provided in ORS 537.130 and 543.210, the applicant shall receive a credit toward the applicant�s application fees in the amount of $500.

�� (6) At a minimum, a certificate issued under this section must contain the following conditions:

�� (a) Except as provided in paragraph (b) of this subsection, fish screens, by-pass devices and fish passages as required by the State Department of Fish and Wildlife.

�� (b) If the application is for a hydroelectric project that is to be installed in or on a conduit delivery system, the certificate does not need to include a requirement for fish passage at the diversion point for the conduit delivery system if:

�� (A) The hydroelectric generating equipment for the project is not located on a dam;

�� (B) The hydroelectric generating equipment for the project is installed within or at the end of a conduit delivery system;

�� (C) The conduit delivery system is operated for the distribution of water for agricultural, municipal or industrial consumption; and

�� (D) Except as provided in subsection (16) of this section, the certificate includes a condition for the making of annual payments under subsection (15) of this section.

�� (c) That use of water be limited to periods when the applicant�s existing water right, or the underlying water right, is put to beneficial use without waste and that the amount used is not greater than the quantity of water diverted to satisfy the authorized specific use under the existing water right, or the underlying water right, described in subsection (3)(a) of this section.

�� (d) That use of water be limited by rate, duty, season and any other limitations of the applicant�s existing water right, or the underlying water right, described in subsection (3)(a) of this section.

�� (e) That the applicant measure and report the quantity of water diverted.

�� (f) That the restrictions established in ORS 543.660 shall apply as conditions of use to a certificate issued under this section to a district as defined in ORS 543.655.

�� (g) That a certificate issued under this section shall be invalidated upon a change in the point of diversion of the existing water right, or the underlying water right, described in subsection (3)(a) of this section.

�� (h) That the right to use water under a certificate issued under this section is invalidated if the federal exemption or authorization related to the certificate is canceled or invalidated.

�� (i) Any other conditions the Water Resources Department deems necessary to protect the public interest.

�� (7) The Water Resources Department shall conduct a review of certificates issued under this section and shall issue a final order and a superseding certificate that corresponds to any changes or adjustments made to the applicant�s existing water right, or the underlying water right, described in subsection (3)(a) of this section.

�� (8) Subsection (6)(b) of this section does not affect any requirement for fish passage applicable to a project that is otherwise required by law.

�� (9) Upon request, the State Department of Fish and Wildlife and the Water Resources Department shall arrange a preapplication meeting with a person to discuss the requirements associated with the installation of a hydroelectric project in an artificial delivery system.

�� (10) A certificate issued under this section may not have its own priority date. The Water Resources Department may not regulate for or against any certificate issued under this section based on the priority date of the certificate.

�� (11) A certificate issued under this section does not grant a right to divert water for hydroelectric purposes.

�� (12) A certificate issued under this section may not be included in the determination of injury to other water rights pursuant to ORS chapter 540.

�� (13) A certificate issued under this section is subject to review 50 years after the date of issuance and pursuant to the terms described in this section.

�� (14) Failure to fully develop and put to use a certificate issued under this section within five years of issuance invalidates the hydroelectric certificate.

�� (15)(a) If a certificate contains a condition described in subsection (6)(b) of this section for annual payments, the payment shall be collected as provided in paragraph (c) of this subsection. Except as provided in paragraph (b) of this subsection, the annual payment amount must be:

�� (A) Except as provided in subparagraph (D) of this paragraph, for the first five years, four times the base hydropower fee amount assessed for the project under ORS 543.078 for the year.

�� (B) Except as provided in subparagraph (D) of this paragraph, for the 6th through 10th years, eight times the base hydropower fee amount assessed for the project under ORS

ORS 545.004

545.004; 1999 c.318 �32; 1999 c.452 �5; 2007 c.848 �27]

�� 545.026 [Amended by 1993 c.771 �10; 1995 c.42 �31; 1995 c.754 �5; renumbered 545.137 in 1995]

�� 545.028 [Amended by 1967 c.609 �5; 1979 c.190 �427; 1995 c.42 �32; renumbered 545.139 in 1995]

�� 545.029 Hearing of petition by county court; authority as to boundaries of district; lands included; order; formation of district without election. (1) When the petition for formation of an irrigation district is filed, the county court shall hold the hearing required under ORS 545.025 (6). The county court may adjourn the hearing from time to time, but the hearing shall not be extended over a period exceeding four weeks. At the end of the hearing, the county court may make such changes in the proposed boundaries as the court may find proper, and shall establish and define the boundaries, subject to the following:

�� (a) An irrigation district may not include land that is located within a city or platted subdivision and that is chiefly available for residence purposes. The restriction imposed by this paragraph is expressly limited to residence property, and all lands, whether wholly or partially within any city or platted subdivision, used or suitable for agricultural or horticultural purposes and not platted in tracts of less than one acre, may be included in a district. However, if an irrigation district is formed as a successor district to another water supply entity and if that entity provides water for irrigation to land within any city or platted subdivision, the restriction imposed by this paragraph does not apply to such land that is served by the water supply entity at the time of formation of the irrigation district.

�� (b) The county court shall not modify the boundaries so as to exclude any territory within the boundaries of the district proposed by the petitioners that is susceptible to irrigation by the same system of works applicable to other lands in the proposed district.

�� (c) In the discretion of the county court, an owner of land that is susceptible to irrigation from the same system of works may, upon written application of the owner, have the land included in the district.

�� (2) At the end of the hearing, the county court shall make and enter an order determining whether the requisite number of owners of the land within the proposed district have petitioned for its formation, and whether the notice required under ORS 545.025 (6) has been duly published.

�� (3) If the county court finds that the petition is signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district and if the only modifications of district boundaries are at the request of owners of land seeking inclusion under subsection (1)(c) of this section, the county court shall enter an order creating the district and the election otherwise required by ORS 545.037 shall not be held. If the petition for formation also names persons desired as members of the first board of directors of the district and those persons have agreed in writing to serve as directors, the order shall declare those persons to be the directors of the district. [Formerly 545.006]

�� 545.030 [Amended by 1993 c.771 �11; 1995 c.42 �33; 1995 c.607 �85; 1995 c.754 �6; renumbered 545.141 in 1995]

�� 545.032 [Amended by 1995 c.42 �34; 1995 c.754 �7; renumbered 545.145 in 1995]

�� 545.033 Naming and division of districts. (1) The order of the county court shall designate the name of the district. The name of the district may be changed by the county court at any time thereafter upon petition of the board of directors of the district accompanied by either the consent, in writing, of a majority of the owners of lands within the district or by the certificate of the secretary of the district certifying that, at a regular or special election called and held in the district for any purpose provided by law, the proposed change of name was approved by a majority of the electors voting upon the question of change of name. The secretary of the district shall cause a certified copy of the order to be recorded in the office of the county clerk of the county or counties in which the district is located.

�� (2) If the petition provides for a five-member board of directors or provides for a three-member board of directors for a subdivided district, the county court shall divide the district into the required number of divisions. Each division shall be as nearly equal as practicable in the number of acres that will be subject to the charges or assessments of the district. The county court shall define and particularly describe division boundaries and make use, insofar as may be desirable, of any natural boundaries that may exist in the district. The divisions shall be numbered. [Formerly 545.008; 1999 c.452 �6]

�� 545.034 [Amended by 1995 c.42 �35; renumbered 545.149 in 1995]

�� 545.036 [Amended by 1995 c.42 �36; renumbered 545.153 in 1995]

�� 545.037 Notice of election for determining organization of district; contents; publication; mailing. (1) Except when an election is not required as provided in ORS 545.029 (3), the county court shall give notice of an election to be held in the proposed district for the purpose of determining whether or not the district shall be organized under the Irrigation District Law and for the purpose of electing an initial board of directors. The notice shall describe the boundaries established for the district. However, if the county court, in the order defining the boundaries, orders that they need not be described in the notice, the notice shall refer to and incorporate by reference the boundaries established by the order of the county court under ORS 545.029 and on file in the office of the county clerk of the county in which the district is located. The notice shall designate the name of the proposed district, state the date of the election, the board positions to be voted upon and the latest date on which candidates for election as board members may file petitions for nomination. The notice shall be published once each week, commencing not later than the 50th day before the election, for at least four consecutive weeks in a newspaper of general circulation in the county. If any portion of the district lies within another county, then the notice shall be published in a newspaper of general circulation in each county in the same time and manner. The notice shall require the electors to cast ballots which contain the words �Irrigation District � Yes,� and �Irrigation District � No,� or equivalent words. During the period in which the notice is published, the county clerk shall send a copy of the notice by registered mail or by certified mail with return receipt to each owner of land identified in the petition for formation under ORS 545.025 (5) who has not joined in the petition for organization of the district. The provisions of this subsection relating to mailing notices are directory and not jurisdictional.

�� (2) In lieu of including a description of the lands within a district or the boundaries of a district in the notice of election, the county court or board of directors calling an election in an irrigation district may direct that the notice refer to the order calling the election and incorporate by reference the description of the district boundaries contained in the order. [Formerly 545.010; 1999 c.452 �7]

�� 545.038 [Amended by 1979 c.562 �18; 1995 c.42 �37; renumbered 545.156 in 1995]

�� 545.040 [Repealed by 1995 c.42 �184]

�� 545.041 Conduct of election; contents of nominating petition; verification of electors by county assessor; order declaring result; inclusion of portion of district in another district; commencement of duties by directors. (1) The election shall be conducted, as nearly as practicable, in accordance with the general election laws of the state, except that the provisions of the election laws as to the form of ballot and as to the nomination of candidates shall not apply. No particular form of ballot shall be required. An absent elector may obtain a ballot and vote, as nearly as practicable, in the manner provided for absent electors in ORS chapter 253.

�� (2)(a) Nominations for candidates for the board of directors may be made by petition, signed by at least 10 electors in the proposed district or division who are qualified to vote for the directors nominated by them. Nominations may also be made at an assembly of not less than 25 electors.

�� (b) Not more than one of the electors of a multiple ownership as described in ORS 545.007 (1)(a) may sign a nominating petition or vote at an assembly. Nominations by petition or by assembly shall be filed with the county assessor before they are filed with the county clerk under this subsection. If a nomination is made at an assembly, the nomination shall be filed under this paragraph with a list of the names and addresses of the electors who voted at the assembly. The county assessor shall verify that not more than one of the electors of a multiple ownership as described in ORS 545.007 (1)(a) has signed a nominating petition or voted at an assembly. The county assessor shall provide written confirmation of the assessor�s verification to the person filing the nomination.

�� (c) Nominations by petition or by assembly shall be filed with the county clerk at least 35 days next preceding the date of election. The nomination shall be accompanied by a copy of the written confirmation of verification provided by the county assessor under this subsection.

�� (d) The county clerk shall have the names of all persons nominated placed on the ballots as candidates for the offices for which they have been nominated. The ballots shall have a blank line under the printed names, on which may be written the name of any candidate voted for.

�� (3) A nominating petition shall contain:

�� (a) The name by which a candidate is commonly known. The candidate may use a nickname in parentheses in connection with the candidate�s full name;

�� (b) The address information of the candidate;

�� (c) The office for which the candidate seeks nomination;

�� (d) The term of office for which the candidate seeks nomination;

�� (e) A statement that the candidate is qualified for the office;

�� (f) A statement that the candidate is willing to accept the nomination and, if elected, the office;

�� (g) The signature of the candidate;

�� (h) The printed name and address of each elector who signed the petition; and

�� (i) A statement by the circulator of the petition that the circulator is personally acquainted with the electors who signed the petition and affirms that the signatures are genuine.

�� (4) If an elector is not shown as an owner of land on the last equalized assessment roll or is not shown as having authority to vote on behalf of an owner of land, the elector shall furnish the county clerk with written evidence, satisfactory to the county clerk, that the elector:

�� (a) Is a legal representative of the owner;

�� (b) Is entitled to be shown as the owner of land on the next assessment roll;

�� (c) Is a purchaser of land under a written agreement of sale; or

�� (d) Is authorized to sign for and on behalf of any public agency owning land.

�� (5) The county court shall meet on the first Monday that is at least 10 days after the election, canvass the votes cast, and enter an order declaring the result of the election. If upon the canvass it appears that at least three-fifths of the votes cast are �Irrigation District � Yes,� the court shall, by an order entered on its minutes, declare the territory organized as an irrigation district under the name designated by the county court under ORS 545.033 (1), and shall declare the persons receiving, respectively, the highest number of votes for the several available director positions to be elected to those positions. The court shall cause a copy of the order, duly certified, to be immediately filed for record in the office of the county clerk of each county in which any portion of the district is situated.

�� (6) After the date of organization of an irrigation district, the county court of any county including any portion of the district shall not allow another district to be formed that includes any lands in the existing district, without first securing consent for the formation from the existing district.

�� (7) From and after the date of the filing of the order under subsection (1) of this section, the organization of the district is complete, and the directors may enter upon the duties of their offices upon qualifying as provided by law. They shall hold office until their successors are elected and qualified. [Formerly 545.012; 2001 c.257 �1; 2003 c.94 �1; 2013 c.520 �21]

�� 545.043 Qualifications of directors; terms of office; oath. (1) At the election for the organization of an irrigation district one director, who is a resident of Oregon and a bona fide owner, or a shareholder of a bona fide corporate owner, of land situated in the division, shall be elected from each division into which the district has been divided by the county court. If no division has been made, the directors shall be elected from the district at large. Terms of the directors so elected shall expire in one, two and three years, respectively, from the first Tuesday in January next succeeding their election. Their respective terms shall be decided by lot.

�� (2) Within 10 days after receiving the certificate of election provided for in ORS 545.153, the director shall take the official oath and file it in the office of the board of directors. [Formerly 545.014]

�� 545.045 [1993 c.771 �2; 1995 c.42 �38; 1995 c.607 �86; renumbered 545.163 in 1995]

CHANGE OF DISTRICT BOUNDARIES

(Generally)

�� 545.051 Change of boundaries authorized; effect on existing rights and liabilities. The boundaries of any irrigation district organized under the Irrigation District Law may be changed in the manner prescribed in ORS 545.051 to 545.126. However, a change in the boundaries of a district shall not impair or affect its organization, its right in or to property or any of its other rights or privileges of whatever kind or nature. The change in the boundaries of a district shall not affect, impair or discharge any contract, obligation, lien or charge for or upon which the district was liable or chargeable had such change of its boundaries not been made. [Formerly 545.582]

(Addition of Land)

�� 545.057 Petition for inclusion of lands within district. The holders of title, or evidence of title, representing a majority of the acreage of any body of land adjacent to the boundaries of any irrigation district may file with the board of directors of the district a written petition requesting that the body of land be included in the district. For purposes of this section, the body of land may include or consist of one or more parcels of less than one acre, without regard to whether or not the parcels are city lots or tracts of a platted subdivision or are chiefly available for residence purposes. When the body of land is located within the boundary of a city, the petition shall be approved by the governing body of the city before presentation to the board of directors. The petition shall describe the tracts or body of land owned by the petitioners. Reference to the assessor�s map and tax lot number is sufficient for the description of lands required under this section. The petition shall give assent of the petitioners to the inclusion into the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged. [Formerly 545.584; 1999 c.452 �8; 2003 c.802 �132]

�� 545.059 Notice of petition; publication; deposit for costs. The secretary of the board of directors shall cause notice of the filing of the petition to be given and published once each week, for three successive weeks, in a newspaper published in the county where the office of the board is situated. The notice shall state the filing of the petition, the names of the petitioners, a description of the lands mentioned in the petition, and the request of the petitioners. The notice shall also contain a statement indicating that all interested persons may appear at the office of the board at the time named in the notice and show cause why the petition should not be granted. The time specified in the notice shall be the time of the next regular meeting of the board after the expiration of the time for publication of the notice. However, before the secretary of the board is required to give notice, the petitioners must advance to the secretary sufficient money to pay the estimated cost of all proceedings under the petition. [Formerly 545.586]

�� 545.061 Hearing on petition. The board of directors, at the time and place mentioned in the notice, or at some other time to which the hearing of the petition may adjourn, shall hear the petition and consider all objections to the petition presented in writing by any person, showing cause why the petition should not be granted. The failure of any person to object shall be taken as assent by the person to the inclusion of the lands in the district as requested in the petition. [Formerly

ORS 545.020

545.020]

�� 545.204 [Amended by 1983 c.557 �5; 1993 c.97 �17; 1995 c.42 �130; renumbered 545.529 in 1995]

�� 545.206 [Amended by 1983 c.557 �6; 1995 c.42 �131; renumbered 545.532 in 1995]

�� 545.207 Redivision of district upon increase in directors; representation of divisions; voting qualifications. Upon an increase of the number of directors from three to five, the board shall divide the total acreage of the district that is subject to assessment or charges by the district, into five divisions. Each division shall be as nearly equal in total acreage as may be practicable. In addition, the board shall define and particularly describe division boundaries and make use, in so far as may be desirable, of such natural boundaries as may exist in the district. The divisions shall be numbered first, second, third, fourth and fifth. As the terms of the present members of the board of directors expire, one director who is a resident of Oregon and either a bona fide owner of land or a shareholder of a bona fide corporate owner of land situated in the division, shall be elected from each division as the representative of that division on the board of directors. Voting for director of each division shall be by qualified electors within the division. However, the qualified electors of any district may, by a majority vote, determine that voting for directors shall be by the qualified electors of the entire district. If an elector is an owner in two or more divisions and resides in one of them, the elector shall vote in the division of residence. If an elector is a nonresident of the district, the elector may choose to vote in any one division in which the elector is an owner of land. When a nonresident landowner chooses to vote in any one division, the landowner shall file with the secretary of the board a notice of the choice of division where the nonresident landowner chooses to vote. A nonresident landowner�s choice to vote in a certain division is permanent and remains permanent until the nonresident landowner�s ownership status changes in any way or until the nonresident landowner becomes a resident owner. [Formerly 545.022; 1999 c.452 �21]

�� 545.208 [Amended by 1983 c.557 �7; 1995 c.42 �132; renumbered 545.535 in 1995]

�� 545.210 [Amended by 1995 c.42 �133; renumbered 545.537 in 1995]

�� 545.211 Decrease in number of directors; redivision of district; terms of office. The number of directors may be decreased to three substantially in the same manner as that provided for the increase of directors. When the number of directors is decreased, the board shall redivide the district into three divisions. The existing board shall continue in office until the expiration or other termination of their terms. Successors shall be appointed or elected only in divisions where representation will terminate with the term of a director. Directors shall thereafter be appointed or elected only as necessary to fulfill the requirements of the decrease in membership of the board, and so that the term of one director will expire each year. [Formerly 545.024]

�� 545.212 [Amended by 1969 c.694 �26; 1983 c.557 �8; 1995 c.42 �134; renumbered 545.539 in 1995]

�� 545.214 [Amended by 1969 c.694 �27; 1995 c.42 �135; renumbered 545.541 in 1995]

�� 545.216 [Amended by 1989 c.182 �12; 1995 c.42 �136; renumbered 545.545 in 1995]

�� 545.218 [Amended by 1995 c.42 �129; renumbered 545.521 in 1995]

�� 545.220 [Repealed by 1995 c.42 �184]

(General Powers and Duties)

�� 545.221 Powers and duties of board as to management of district; water deliveries. (1) The board shall:

�� (a) Manage and conduct the business and affairs of the district.

�� (b) Make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties.

�� (c) Establish equitable bylaws, rules and regulations for the administration of the district and for the distribution and use of water among the landowners.

�� (d) Generally perform all acts necessary to fully carry out the purposes of the Irrigation District Law.

�� (2) The board may make available to any member user of the district, on an actual cost basis, any machinery or equipment required for the normal operation of an irrigation district. This machinery or equipment may be used by the member user only for improvement of water distribution or drainage systems and only at the convenience of the district. However, the machinery or equipment may not be used outside the boundaries of the district.

�� (3) The bylaws, rules and regulations established under this section may designate, either generally or particularly, the points of delivery within the district to which the district will make water deliveries for the use and benefit of member users at district expense. Water deliveries so made shall be in full and complete discharge of the district�s obligation of water deliveries to member users under the Irrigation District Law. [Formerly 545.064; 1999 c.452 �22]

�� 545.222 [Amended by 1979 c.562 �19; repealed by 1995 c.42 �184]

�� 545.224 [Amended by 1983 c.557 �9; 1995 c.42 �67; renumbered 545.307 in 1995]

�� 545.225 Contracts; conveyances; suits; judicial knowledge concerning district; audit reports. (1) The board of directors may:

�� (a) Enter into contracts and take conveyances or other assurances for all property acquired by it under the Irrigation District Law, in the name of the irrigation district, to and for the purposes expressed in the Irrigation District Law.

�� (b) Institute and maintain all actions and proceedings, suits at law or in equity necessary or proper in order to fully carry out the Irrigation District Law, or to enforce, maintain, protect or preserve rights, privileges and immunities created by the Irrigation District Law, or acquired in pursuance of the Irrigation District Law.

�� (2) In all courts, acts, suits or proceedings the board may sue, appear and defend in person or by attorneys, in the name of the irrigation district. The court shall in all actions, suits or other proceedings take judicial knowledge of the organization and boundaries of all irrigation districts.

�� (3) When an audit is made in accordance with the provisions of ORS 297.405 to 297.555, the auditors shall prepare and file with the Secretary of State a certified copy of the audit report. [Formerly 545.070]

�� 545.226 [Repealed by 1989 c.182 �49]

�� 545.228 [1967 c.503 �4; 1993 c.771 �18; renumbered 545.551 in 1995]

�� 545.230 [1967 c.503 �5; 1995 c.42 �137; renumbered 545.553 in 1995]

�� 545.232 [1967 c.503 �6; 1995 c.42 �138; 1995 c.212 �4; renumbered 545.555 in 1995]

�� 545.234 [1967 c.503 �7; 1995 c.42 �139; 1995 c.79 �305; renumbered 545.557 in 1995]

�� 545.236 [1967 c.503 �8; 1995 c.42 �140; renumbered 545.559 in 1995]

POWERS OF DISTRICTS

(Acquisition of and Entry Onto Land)

�� 545.237 Right to enter upon lands for inspection and maintenance of water works. (1) The board of directors, its officers or an agent or employee of the board of directors may enter upon land of a water user of the district for inspection, maintenance and regulation of ditches, pipelines, gates, pumps or other water works. In the absence of an emergency, the district shall provide adequate and appropriate notice prior to entering upon the land of the water user.

�� (2) Any person exercising the right of entry granted under this section shall not cause unnecessary damage to the property of the water user. The landowner shall not be responsible to the person or the district for any injury or damage to the person or district arising out of or occurring by reason of the entry, except when the landowner intentionally causes injury or damage to the person or district.

�� (3) The right of entry granted by this section shall not constitute a right of entry by the public onto the premises of the landowner. [Formerly 545.081]

�� 545.239 Right to enter upon and acquire lands and water rights; right of condemnation. (1) The board of directors and its agents and employees have the right to enter upon any land in the manner provided by ORS 35.220 to make surveys and may locate the necessary irrigation or drainage works and the line for any canals and the necessary branches for the works or canals on any lands that may be considered best for such location. The board also has the right to acquire, by lease, purchase, condemnation or other legal means, all lands, water, water rights, rights of way, easements and other property, including canals and works and the whole of irrigation systems or projects constructed or being constructed by private owners, necessary for the construction, use, supply, maintenance, repair and improvement of any canals and works proposed to be constructed by the board. The board also has the right to so acquire lands, and all necessary appurtenances, for reservoirs, and the right to store water in constructed reservoirs, for the storage of needful waters, or for any other purpose reasonably necessary for the purposes of the district.

�� (2) In the acquisition of property under subsection (1) of this section, the district has the right to acquire by condemnation property already devoted to public use that is less necessary than the use for which it is required by the district, whether used for irrigation or any other purpose, and any other properties owned by the state or any of its departments or commissions. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. [Formerly 545.082; 2003 c.477 �7]

�� 545.241 Bond or other security as condition of immediate possession in condemnation by irrigation or drainage district. Prior to any party, officer or agent of an irrigation or drainage district entering upon any land sought to be condemned, the district shall furnish to the landowner an undertaking, either by surety bond, personal bond, cash or other security, in an amount sufficient to indemnify the landowner for the value of the land sought to be condemned, together with all costs and attorney fees to which the landowner may be entitled. This undertaking shall be conditioned so that the district shall pay to the owner all damages, costs and attorney fees that the owner may suffer by reason of the entry, or which may be awarded to the owner by a jury upon a trial of the cause. [Formerly 545.084]

�� 545.242 [Amended by 1989 c.182 �13; 1995 c.42 �141; renumbered 545.565 in 1995]

�� 545.244 [Amended by 1995 c.42 �142; renumbered 545.567 in 1995]

�� 545.245 Right to immediate possession in condemnation proceeding. At any time after the board of directors of an irrigation district or board of supervisors of a drainage district has commenced proceedings to acquire title to any land necessary for rights of way, or for construction, alteration, repair or reservoir purposes, the district may enter into possession of the land and begin such work as may be necessary to the development of the district. [Formerly 545.086]

�� 545.246 [Amended by 1995 c.42 �143; renumbered 545.569 in 1995]

�� 545.248 [Amended by 1989 c.182 �14; 1995 c.42 �144; renumbered 545.571 in 1995]

�� 545.249 Right to condemn for irrigation purposes is a superior right. The use of all water required for the irrigation of the lands of any district formed under the Irrigation District Law, together with all water rights and rights to appropriate water, rights of way for canals and ditches, sites for reservoirs, and all other property required in fully carrying out the Irrigation District Law, is declared to be a public use more necessary and more beneficial than any other use, either public or private, to which the water, water rights, rights to appropriate water, lands or other property have been or may be appropriated within the district. [Formerly 545.088]

�� 545.250 [Amended by 1995 c.42 �145; renumbered 545.573 in 1995]

�� 545.252 [Amended by 1989 c.182 �15; 1995 c.42 �146; renumbered 545.575 in 1995]

�� 545.253 Title to and rights in property acquired. The legal title to all property acquired under ORS 545.239, 545.241, 545.245 and 545.249 shall immediately vest in the irrigation district and shall be held by it in trust for and hereby is dedicated and set apart to the uses and purposes set forth in the Irrigation District Law. The board is authorized and empowered to hold, use, acquire, manage, occupy, possess and dispose of the property as provided in the Irrigation District Law. The title acquired by an irrigation district under ORS 545.239, 545.241, 545.245 and 545.249 shall be the fee simple or such lesser estate as shall be designated in the judgment of appropriation. [Formerly 545.090; 2003 c.576 �497]

�� 545.254 [Amended by 1979 c.562 �20; 1989 c.182 �16; 1995 c.42 �147; 1995 c.79 �306; renumbered 545.577 in 1995]

�� 545.256 [Amended by 1979 c.284 �167; 1981 c.178 �16; 1995 c.42 �148; renumbered 545.579 in 1995]

�� 545.257 Authority of irrigation district to acquire domestic or municipal water works; assumption of obligations; sale of surplus water; impairment of irrigation service forbidden. When an irrigation district is authorized by the electors of the district as provided in ORS 545.305 and when it appears necessary, proper or beneficial to its inhabitants, the irrigation district may:

�� (1) Acquire by gift, lease, purchase, condemnation or other legal means, domestic and municipal water works or water systems, and property incident to the works or systems, including reservoirs, pumps, mains, stations, water, water rights and all appurtenances. As a part of a transaction of acquisition, the district may assume any outstanding obligations on the water works or water systems. However, a right of condemnation shall not be granted against property of a city.

�� (2) Construct, reconstruct, equip, own, maintain, operate, sell, lease and dispose of, domestic and municipal water works or systems and property, and all appurtenances incident to the works, systems or property.

�� (3) Furnish water for domestic and municipal uses to premises and inhabitants within its district. In connection with furnishing water for domestic and municipal use, the district may supply, furnish and sell, for the uses mentioned in this section, any surplus water over and above the domestic and municipal needs of its inhabitants, to persons or other public bodies as defined in ORS 174.109, either within or outside the district. However, the power to furnish water for domestic and municipal uses granted by this section shall not be exercised in such a manner as to impair the service of the district in furnishing water for irrigation purposes. [Formerly 545.110; 2003 c.802 �133]

�� 545.258 [Amended by 1995 c.42 �149; renumbered 545.581 in 1995]

�� 545.260 [Amended by 1969 c.694 �28; 1981 c.94 �45; 1989 c.182 �17; 1995 c.42 �150; renumbered 545.585 in 1995]

�� 545.262 [Amended by 1995 c.42 �151; renumbered 545.589 in 1995]

�� 545.264 [Amended by 1995 c.42 �152; renumbered 545.595 in 1995]

�� 545.266 [Amended by 1995 c.42 �153; renumbered 545.599 in 1995]

�� 545.268 [Amended by 1995 c.42 �154; renumbered 545.603 in 1995]

�� 545.270 [Amended by 1969 c.694 �29; 1995 c.42 �155; renumbered 545.607 in 1995]

(Distribution of Water)

�� 545.271 Furnishing water. Upon receiving proper compensation, an irrigation district may provide for and furnish water for lands not included within the district and for lands within the district but not subject to assessment by the district. An irrigation district may acquire, assume or exercise any rights, property, powers or obligations of a contractor with the state under the Carey Act and may be organized in lieu of a water users� association required either by statute or contract. An irrigation district may provide for and furnish water for control of the temperature, humidity or other qualities of the atmospheric conditions pertaining to land otherwise irrigable under this chapter or under ORS chapter 552. [Formerly 545.102]

�� 545.272 [Amended by 1995 c.42 �156; renumbered 545.617 in 1995]

�� 545.274 [Amended by 1989 c.182 �18; 1995 c.42 �157; renumbered 545.621 in 1995]

�� 545.275 Lien on crops for water supplied for irrigation; enforcement; attorney fees. (1) Any person or irrigation district that supplies water to any person or irrigation district for irrigation of crops shall, upon complying with subsection (2) of this section, have a lien upon all crops raised by the use of such water for the reasonable value of the water supplied as of the date when the water was first supplied for the crops. The lien shall be a continuing one and shall bind the crops after, as well as before, they have been gathered. The lien shall be preferred to all other liens or encumbrances upon the crops, except mortgages given to the state for the purchase of seed wheat.

�� (2) The person or irrigation district so supplying water, within 40 days after the water has been furnished, or within 40 days after the close of the irrigation season, shall file with the county clerk of the county in which the lands, or some part of the lands, are situated and where the water has been furnished, a claim containing a true statement of the account due for the water after deducting all just credits and offsets. The claim shall also contain the date when the water was first supplied, the name of the owner of the crops or reputed owner, if known, the name of the person to whom the water was furnished and a description of the lands upon which the crops were grown sufficient for identification. The claim shall be verified by oath of some person having knowledge of the facts and shall be filed with and recorded by the county clerk in the book kept for the purpose of recording liens claimed under ORS 87.035. The record shall be indexed as deeds and other conveyances are required by law to be indexed, and the clerk shall receive the same fees as required by law for recording deeds and other instruments.

�� (3) The lien may be enforced by a suit in equity. The remedy provided by this section does not abrogate any other remedy provided by law for the collection of dues, charges or assessment for water furnished. The court may award reasonable attorney fees to a person or irrigation district if the person or district prevails in an action to foreclose a lien under this section. The court may award reasonable attorney fees to a defendant who prevails in an action to foreclose a lien under this section if the court determines that the plaintiff had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

�� (4) If all or part of the crop is sold prior to the filing of the lien, or possession delivered to an agent, broker, cooperative agency or other person to be sold or otherwise disposed of, and its identity lost or destroyed or if the crop is commingled with like crops so that it cannot be segregated, and if the purchaser, agent, broker, cooperative agency or other person was notified of the filing of the lien by being furnished with a certified copy of the claim of lien, then the lien attaches to the proceeds of sale remaining in the possession of the purchaser, agent, broker, cooperative agency or other person at the time of the notice. The lien shall be as effective against the proceeds as against the crop itself. [Formerly 545.104]

�� 545.276 [Renumbered 545.625 in 1995]

�� 545.278 [Amended by 1995 c.42 �158; renumbered 545.629 in 1995]

�� 545.279 District may require water control devices and measuring devices; notice to water user; objections; hearing. (1) The board of directors may require a water user of the district:

�� (a) To install and maintain a lockable and controllable headgate or other water control device at a point of delivery of water to the user�s property; or

�� (b) To install a measuring device at a point of delivery as necessary to assist the board in determining the amount of water to be delivered to the user.

�� (2) When practicable, water control devices and measuring devices under this section shall be constructed on property for which the district holds existing easements.

�� (3) Except when an emergency requires the immediate installation of a water control device to avoid loss of water, the board shall notify a water user in writing that the water user is required by the board under this section to install a water control device or a measuring device. The notice shall be delivered personally or mailed by registered or certified mail, return receipt requested, to the water user. Within the 20-day period immediately following the date of personal delivery or mailing of the notice or at any time before the date of the next regular meeting of the board, the water user may file with the secretary of the board a written objection to the requirement for installation of the device and request a hearing before the board. After the hearing, the board may affirm, amend or rescind its order to the water user for installation of a water control device or measuring device. The decision of the board shall be final. [Formerly

ORS 545.106

545.106]

DEVELOPMENT OF DISTRICT LANDS BY UNITED STATES

�� 545.343 Obligations or contracts with United States under Reclamation Act; acquisition of federal lands. (1) For the purpose of acquiring control over government land within the district and of complying with the provisions of the Act of Congress entitled �An act to promote reclamation of arid lands,� approved August 11, 1916, the board of directors may make investigations, and, based thereon, such representations and assurances to the Secretary of the Interior as may be requisite. The board may enter into any obligation or contract with the United States for:

�� (a) The construction, operation and maintenance of the necessary works for the delivery and distribution of water under the Federal Reclamation Act and the rules and regulations established thereunder. The board may contract for the refusal of water service to any lands which are in default in the payment of any assessment levied to carry out any contract between the district and the United States.

�� (b) The assumption, as principal or guarantor, of indebtedness to the United States on account of district lands.

�� (2) The board may also contract with the United States for a water supply or drainage works under any Act of Congress providing for or permitting the contract.

�� (3) When a contract is made with the United States, as provided in this section, bonds of the district may be deposited with the United States, at 90 percent of their par value, to the amount to be paid by the district to the United States under the contract. The interest on the bonds, if bearing interest, shall be provided for by assessment and levy, as in the case of other bonds of the district, and regularly paid to the United States to be applied as provided in the contract. If the bonds of the district are not so deposited, the board of directors shall include, as part of any levy or assessment provided for in the Irrigation District Law, an amount sufficient to meet each year all payments accruing under the terms of the contract.

�� (4) The board may accept, on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collections of money for or on behalf of the United States in connection with any federal reclamation project. If the board accepts the appointment or authorization, the district is authorized to act as fiscal agent or to make the collections of money and to assume the duties and liabilities incident to such action. The board also has full power to do all things required by the federal statutes enacted in connection with districts serving as fiscal agents or collectors of moneys for reclamation projects, and all things required by the rules and regulations established by any department of the federal government in regard thereto. [Formerly 545.076]

�� 545.345 Conveyance of lands to United States. Any property acquired by the district may be conveyed to the United States in so far as the property may be needed by the United States for the construction, operation and maintenance of works for the benefit of the district under any contract that may be entered into with the United States under ORS 545.343 or

ORS 545.144

545.144]

�� 545.369 Release of lien of bonds; form; acknowledgment by bondholders; copy of release as evidence. The board of directors may then proceed to obtain releases of the lien of all outstanding bonds against the property it is proposed to sell. Release of the lien shall be in writing and acknowledged by the holders of the bonds in substantially the same manner and form as is required for a conveyance of land. However, the notary or other officer taking the acknowledgment shall include in the certificate of acknowledgment, or in another appropriate certificate, the fact that the bonds described in the instrument were exhibited to the notary or other officer by the bondholder making the acknowledgment. The acknowledgment shall have the same force and effect as evidence as has the acknowledgment of a conveyance. The certificate of the officer taking the acknowledgment that the bonds were exhibited shall be conclusive evidence of the ownership of the bonds by the person executing and acknowledging the release. The acknowledged release shall be filed with the board and recorded in its minutes. The minutes, or a copy thereof certified by the secretary of the board, shall be admissible in evidence with the same effect as the original of the acknowledged release. [Formerly

ORS 545.301

545.301 and 545.303. [Formerly 545.116]

�� 545.307 Investment of surplus funds in federal or state bonds. When there are surplus funds not necessary for the payment of current obligations of the district in any construction fund, operation and maintenance fund, sinking fund, United States Contract Fund, State of Oregon Contract Fund, emergency fund or any other fund of the district, the board of directors of an irrigation district may invest the surplus funds in bonds of the United States or the State of Oregon. The district may hold and dispose of the bonds at such times as may be necessary to the conduct of the business and affairs of the district. [Formerly 545.224]

�� 545.312 [Amended by 1995 c.42 �164; renumbered 545.643 in 1995]

�� 545.314 [Amended by 1989 c.182 �22; 1995 c.42 �165; renumbered 545.645 in 1995]

(Construction of Improvements)

�� 545.315 Petition to construct improvements for irrigation; contents; assent of petitioners to assessment of cost of improvement. (1) The holders of title, or evidence of title, representing a majority of the acreage of any body of land within any irrigation district may file with the board of directors of the district a petition in writing, requesting the construction of any improvement necessary or expedient for the efficient irrigation of the lands.

�� (2) The petition shall contain:

�� (a) A general description of the proposed improvement;

�� (b) A description of the tracts, or body of land, owned by the petitioners; and

�� (c) A description of the exterior boundaries of the land for which the proposed improvement is to be constructed and a description of any lands that are to be excepted from the benefit or use of the proposed improvement.

�� (3) The petition shall also contain an agreement on the part of the petitioners that the cost of construction of the improvement shall constitute a lien upon the lands within the exterior boundaries of the land described in the petition, except for the lands that are excepted from the benefit or use of the proposed improvement, and that the lands shall be assessed for and pay the cost of the improvement.

�� (4) The petition shall be deemed to give assent of the petitioners to construction of the improvement and shall authorize the assessment of the cost of such improvement upon and against the lands described in the petition and not specifically therein excepted. The petition shall be acknowledged in the same manner that conveyances of land are required to be acknowledged. [Formerly 545.402]

�� 545.316 [Amended by 1995 c.42 �166; renumbered 545.647 in 1995]

�� 545.318 [Amended by 1995 c.42 �167; renumbered 545.649 in 1995]

�� 545.319 Elections on question of constructing improvement; resolution of directors. (1) If the board of directors considers it for the best interest of the district that the proposed improvement be constructed, the board, by resolution, may call an election to be held within the boundaries of the land described in the petition for the purpose of submitting the question as to whether or not the proposed improvement shall be constructed. The board shall in the resolution fix the time and place of holding the election, specify the polling place and appoint three judges who shall constitute a board of election. The resolution shall also contain the ballot title to be used at the election. The ballot title shall contain such information as in the judgment of the board will advise the owners of the land to be charged with the cost of the proposed improvement as to the general nature of the improvement and the estimated cost.

�� (2) The board at the time of calling the election within the land described in the petition shall also by resolution call an election to be held within the district at large for the purpose of submitting the question as to whether or not the proposed improvement shall be constructed. This resolution shall contain provisions identical with those provided for in subsection (1) of this section. The election in the district at large shall be held on the same day that the election within the territory described in the petition is held. The election shall be conducted, as nearly as practicable, in accordance with the general election laws of the state applicable to irrigation districts. [Formerly

ORS 548.915

548.915 (2) and (3). [1973 c.415 ��5,6]

�� 548.925 Special election; notice; ballot form. (1) Within 10 days after the filing of a petition that meets the requirements of ORS 548.920 (3) and 548.920 (2)(c), the district board shall call a special election to be held not less than 30 or more than 60 days after date the petition is filed.

�� (2) The board shall cause notice of the election to be published once a week for three successive weeks, being three publications in all, in one or more newspapers meeting the requirements of ORS 548.920 (3). In addition, notice may be published by radio and television stations broadcasting in the district as provided by ORS 193.310 and 193.320.

�� (3) The notice shall state the date of the election, and the fact that there will be submitted to the voters a proposal to dissolve or reorganize the district, as the case may be.

�� (4) The election shall be held and the results determined and declared in all respects as nearly as practicable in conformity with the provisions governing the election of officers in irrigation districts. At the election, the ballot shall contain the words, �dissolution (or reorganization, as the case may be) of the district ___ Yes,� or �Dissolution (or reorganization) of the district ___ No,� or words equivalent thereto. [1973 c.415 �7]

�� 548.930 Vote result requirements; filing petition with circuit court if vote favors reorganization or dissolution or if no election petition is filed. (1) Upon canvass of the votes, if it is found and declared by the district board that a majority of the qualified electors and landowners of the district, representing at least one-half of the acres of land assessed by the district, voted against the dissolution or reorganization of the district, the petition for dissolution or reorganization shall be denied and no further action shall be taken upon it. However, if it is found and declared that the majority voted for the dissolution or reorganization of the district, the district board shall, within 60 days after the date of the election, file in the circuit court of the county in which the registered office of the district is located, a petition requesting the court to examine and determine the regularity and legality and correctness of the proceedings and to determine and adjudicate the rights and liabilities of all interested parties in a manner which is equitable, reasonable and in the best interests of the parties. There shall be attached to and made a part of the district board petition a copy of the petition for dissolution or reorganization, as the case may be, of the electors and landowners as filed with the district secretary.

�� (2) If a petition for election is not filed as provided by this section within 30 days after the date of publication of notice as provided by ORS 548.920 (1) and (2), the district board shall file its petition in the circuit court within 90 days after the date notice is published. [1973 c.415 �8]

�� 548.935 Circuit court proceeding on petition; contents of court order. Proceedings in the circuit court upon the petition shall be in the nature of a proceeding in rem and shall be conducted as an action not triable by right to a jury and any judgment or final order of the circuit court shall be subject to appeal in the same manner as other cases in equity. The court may appoint masters or referees as it considers desirable and shall have complete jurisdiction to approve, disapprove, amend or change the plan proposed or to adopt any amendments, changes or other plans proposed by any interested party which the court finds to be equitable and reasonable to protect the rights of any party, or may direct that the district shall continue in existence and operation without dissolution or reorganization. The judgment may include provisions for sale, transfer or conveyance of all or part of the assets of the district to corporations, other districts, municipal corporations or governmental bodies or agencies then in existence, or to be organized in accordance with the terms of the judgment, which will continue to furnish some or all of the services furnished by the district. As a condition of such sale, transfer or conveyance the court may require such transferee or transferees to assume part or all of the indebtedness of the district. The court may determine the validity of any sales or assessments, the amount of any assessments due upon the various parcels and lots of real estate within the district, the amounts of any assessments theretofore paid upon such parcels and lots and may determine and adjust the liabilities of all parties. The court may adjudicate any water rights of the district and the lands therein and may direct the sale of any assets of the district, either in one lot or in parcels, at public or private sale, as the court finds best. The judgment shall make provision for the payment of all indebtedness of the district. [1973 c.415 �9; 1979 c.284 �172]

�� 548.940 Jurisdiction of parties; service of summons and petition. (1) Jurisdiction of all interested parties may be had by the publication of summons in the manner provided by ORCP 7. Copies of the summons and the petition of the district shall be mailed to each qualified elector and landowner at the mailing address as shown by the records of the county clerk, the county tax collector and the county assessor, and to all known creditors of the district.

�� (2) The Water Resources Commission shall be served with a copy of the summons and petition. [1973 c.415 �1; 1979 c.284 �172; 1989 c.182 �43]

�� 548.945 Written assent of Secretary of Interior required before judgment if district has federal contract. If a contract authorized by law has been made between the district and the United States for the construction, operation or maintenance of necessary works or for a water supply, a judgment may not be entered by the court until written assent to the judgment by the Secretary of the Interior has been filed with the court. [1973 c.415 �11; 2003 c.576 �517]

�� 548.950 Appearance of interested parties; costs and disbursements. Any interested party may appear in the proceedings. Costs and disbursements may be allowed and divided between the parties or taxed to the losing party or parties in the discretion of the court. [1973 c.415 �12]

�� 548.955 Contents of judgment; filing with county treasurer and assessor, Secretary of State and Water Resources Commission. The judgment of the court shall order the clerk of the court to file certified copies of the judgment with the county treasurer and the county assessor of each county in which any property located within or assessed by the district is located, and with the Secretary of State and the Water Resources Commission. [1973 c.415 �13; 2003 c.576 �518]

ORS 548.955

548.955�� Contents of judgment; filing with county treasurer and assessor, Secretary of State and Water Resources Commission

ORGANIZATION; SALE OF LANDS; TRANSFER OF FUNDS

�� 548.005 Organization of irrigation, drainage or flood control district by owners of lands subject to assessment by district improvement company or improvement district; assumption of obligations. Where any lands are subject to assessment by a corporation under the provisions of ORS 554.005 to 554.340, or by a corporation organized before March 4, 1937, under the provisions of chapter 172, Oregon Laws 1911, and Acts amendatory thereof, the owners of the lands or any part thereof and the owners of any additional lands adjacent thereto may proceed to organize irrigation districts or drainage districts or flood control districts under the laws of Oregon. Any of such districts when organized may assume any of the valid outstanding liens or obligations of the district improvement company or improvement district and refund the same and issue district bonds therefor.

�� 548.010 Sale or disposal of lands. Whenever any drainage or irrigation district has acquired any lands, by gift, purchase, eminent domain or otherwise, for the uses and purposes of the district, and thereafter by reason of a change of its plans or for any other reason determines that all or any part thereof is no longer necessary for the uses or purposes for which it was acquired, the district may sell or dispose of the lands or any part thereof, either at private or public sale. The officers of the district otherwise authorized to execute conveyances have authority to make such conveyance.

�� 548.015 Board of directors to transfer unnecessary funds. When the necessity for maintaining any fund of an irrigation or drainage district has ceased to exist and a balance remains in the fund, the governing board of the district shall so declare by proper resolution. The balance shall then forthwith be transferred to the credit of either the operation and maintenance fund or the general fund of the district, as designated in the resolution.

INSURANCE FOR EMPLOYEES

�� 548.050 Insurance for district employees. (1) The board of directors of an irrigation district or the board of supervisors of a drainage district may enter into contracts of insurance covering district officers and employees for medical, or any other type of remedial care recognized under state law, surgical, hospital and related services and supplies, life insurance, annuities and other retirement benefits and monthly indemnity for loss of time due to accident or sickness. Contributions for premiums therefor by officers or employees shall only be on a voluntary basis. Failure to procure such insurance shall not be construed as negligence or lack of diligence on the part of the board or the members thereof.

�� (2) The district may agree to pay none, part or all of the premiums on contracts of insurance entered into pursuant to this section.

�� (3) This section is part of the Irrigation District Law, insofar as it applies to irrigation districts, and part of the Drainage District Act, as defined in ORS 547.060, insofar as it applies to drainage districts.

�� (4) As used in this section the words �related services� shall include the services of a person duly licensed to practice chiropractic in the State of Oregon. [1959 c.435 �1; 1967 c.281 �1; 1995 c.42 �181]

DETERMINING LEGALITY OF ORGANIZATION AND PROCEEDINGS

�� 548.105 Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters; scope of inquiry. (1) The board of directors of an irrigation district organized under ORS chapter 545, or the board of supervisors of a drainage district organized under the Drainage District Act, as defined in ORS 547.060, may by petition commence special proceedings in the circuit court of the county in which the office of the district is located for the purpose of having a judicial examination and judgment of the court as to the regularity and legality of:

�� (a) The proceedings in connection with the organization of the district.

�� (b) The proceedings of the board and of the district, providing for and authorizing the issue and sale of bonds of the district, whether bonds have or have not been sold or disposed of.

�� (c) Any action or proceeding of the county court declaring the organization of the district, or declaring the result of any election therein.

�� (d) An order of the governing board of the district including or excluding any lands in or from the district, or declaring the result of any election, general or special.

�� (e) An order of such board levying any assessment, general or special.

�� (f) An order of such board ordering the issue of any bonds for any purpose, or determining any bond issue, or providing for the same.

�� (g) The authorization of contract with the United States, and the validity of the contract, whether or not it has been executed, and whether or not bonds are to be deposited with the United States.

�� (2) All the proceedings of an irrigation district or drainage district may be judicially examined and determined by the court in one special proceeding, or any part thereof may be separately examined and determined upon by the court. [Amended by 1995 c.42 �182; 1999 c.452 �27]

�� 548.110 Nature of proceedings; notice; contest; judgment; appeal; nonprejudicial errors; costs. (1) The proceedings under ORS 548.105 shall be in the nature of a proceeding in rem. The practice and procedure therein shall follow the practice and procedure of an action not triable by right to a jury, so far as they are consistent with the determination sought to be obtained, except as otherwise provided in ORS

ORS 549.010

549.010 and 549.020 that will facilitate cooperative action between boards of commissioners and federal agencies to meet conditions of any federal flood control Acts wherein the federal government is entirely financing such projects.

DITCHES TO DRAIN LAND; FLOOD CONTROL MEASURES

�� 549.110 Application to county court for authority to build drainage ditch or levee, or to widen or straighten a stream. (1) When any person owns land which requires draining, or any incorporated city in which there is any ditch, standing water or surplus water requiring draining has no means of draining such ditch, standing water or surplus water, and objection is made by the owners of adjacent land to the construction thereon or thereover of necessary means of drainage, such person or city may make application in writing to the county court of the county in which such land or city is situated, for the right of way or privilege to cut or dig or construct sufficient means of drainage over the adjacent land.

�� (2) Likewise any person or municipal corporation whose land is so situated that it is injured or liable to be injured by floodwaters from any natural stream flowing through or near the land may make application to the county court for the right to enlarge or straighten the bed of such natural stream, or strengthen or build up the banks so as to protect such lands from overflow or injury.

�� 549.120 Procedure; appointment of commissioners; order to commissioners. Thereupon the court shall appoint three disinterested householders of the county as a commission and shall issue an order directing them to meet on a day named in the order, after subscribing to an oath or affirmation to faithfully and impartially discharge the duties of their appointment. At least three days� notice of the time and place of the meeting shall be given to all persons through whose lands the ditch is to be located or upon whose lands the natural stream is to be straightened, enlarged, or its banks are to be strengthened or built up.

�� 549.130 Commissioner�s oath. In the absence of an officer authorized to administer oaths, the commissioners may administer the oath to each other.

�� 549.140 Duties of commissioners. The commissioners shall proceed to locate and mark out the route of the ditch so as to do the least damage to the lands the ditch passes through, or to designate the location, character and extent of the work to be done in straightening the bed or building up the banks of the stream, and shall at the same time assess the damages sustained by the person owning the land.

�� 549.150 Considering benefits in assessing damages. In assessing damages, the commissioners shall take into consideration all benefits which will accrue to the lands from the work contemplated.

�� 549.160 Report of commissioners to county court; payment to landowner; recording report; construction of improvement. The commissioners, or a majority of them, shall make a report to the county court at the next regular session thereof, stating the location of the ditch or other work contemplated, the name of the person entitled to damage, and the amount, if any is assessed. If the county court is satisfied that the report is just, and after payment by the applicant for the right of way of all costs of locating such ditch or other work, and the damages, if any are assessed, the court shall cause the same to be recorded. The applicant then may proceed to make such ditch, or do such work of straightening the stream or building up or straightening the banks thereof, doing as little damage to the land it passes through as possible.

�� 549.170 Appeal to circuit court from assessment of damages. Any person aggrieved by the assessment of damages may appeal within 20 days to the circuit court.

�� 549.180 Bringing additional water into ditch without payment of compensation prohibited; civil liability. No person shall tap or bring additional water into any drainage district or drainage district ditch already dug without paying a reasonable compensation therefor and securing the written permission of district officials. The criminal penalty for violation of this section shall not relieve the defendant from civil liability for damages.

�� 549.190 Other rights protected. ORS 549.110 to 549.180 shall not be construed so as to interfere with the rights of companies or individuals for mining, manufacturing, or watering towns or cities.

IMPROVEMENT OF WATERCOURSES OR DRAINS WEST OF CASCADES

�� 549.310 Application of ORS 549.320 to 549.400. ORS 549.320 to 549.400 shall not be construed to interfere with or to prevent the right or power to construct drainage ditches under any other statute of this state, and shall apply only to that portion of the state lying west of the Cascade Mountains.

�� 549.320 Petition by landowners to drain lands or improve drains. Whenever 60 percent or more of the owners of land contiguous to and crossed by some watercourse or drain desire to have such lands drained or such natural course or drain straightened, altered, widened or deepened, they may petition the county court of the county in which the land is situated for such improvement, describing all property affected thereby and giving the names of the owners thereof. Upon the filing of the petition the county court shall ascertain whether 60 percent or more of the owners of land affected have signed the petition, and if so, shall make a finding to that effect.

�� 549.330 Survey of work; plats, plans; estimates of cost; assessment of damages; hearing and determination by county court. The county court shall direct the county surveyor, or county engineer if the county employs a registered professional engineer, to make a survey of the work contemplated to be done and prepare plats, plans, profiles and estimates of cost of the work to be done, and shall assess the damage sustained by any person owning any land affected by such improvement, taking into consideration all benefits which will accrue from the work contemplated to be done to the land. The county surveyor, or county engineer, shall file with the county clerk the plats, plans, profiles, estimates of cost, and assessment of damages. Not less than 30 nor more than 60 days after the county surveyor, or county engineer, has filed the data with the county clerk, the county court shall hold a hearing, of which at least 10 days� notice shall be given to all landowners affected, and to the authority which maintains any highway and to the owners of any railroad or tramway through which or under which any conduit is to be constructed, by publishing the same once a week for two successive weeks in a newspaper of general circulation in the county. At the hearing the county court shall hear evidence in support of the petition and in support of any protest or objection thereto, and after consideration shall determine whether it is to the interest and benefit of the land affected and conducive to the public welfare to grant the petition for the improvement. [Amended by 1965 c.287 �1]

�� 549.340 Construction; functions of county surveyor or county engineer; performance by landowner. If the county court authorizes the improvement, it shall be done under the direction and supervision of the county surveyor, or the county engineer, who shall set all necessary grade stakes and bench marks. The owner of any of the lands through which or on which any portion of the improvement is to be constructed may, at the expense of the owner, perform such construction work under the supervision of the county surveyor, or the county engineer. If the owner does not elect to do such work, it shall be done by the county under the direction and supervision of the county surveyor, or the county engineer. [Amended by 1965 c.287 �2]

�� 549.350 Report as to work done; assessment of costs; unpaid assessments. On the completion of the work by the county, the county surveyor or the county engineer shall make and file with the county clerk a report showing in detail the work done on each parcel of land separately owned, the names of the owners, and the amount of costs to each such parcel of land. The cost shall be assessed against the owner of the lands by the county court. Any unpaid assessment may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the assessment and the amount of the assessment in the County Clerk Lien Record. [Amended by 1965 c.287 �3; 1991 c.459 �427]

�� 549.360 Extension of work across or under highway or railroad; duty as to construction and maintenance; cost. The drainage work may be extended across or under any highway and may also be carried under or through any railroad or tramway. The authority which maintains the highway through which the conduit crosses shall construct and maintain the same in good condition and repair, free from obstruction, at its own expense. The owner of the railroad or tramway under or through which the conduit is to be constructed shall construct and maintain the same in good condition and repair, free from obstruction, at its own expense.

�� 549.370 Maintenance of work; inspection; notice to landowners; when work ordered; assessment of cost. At least one member of the county court in the fall of each year shall inspect the improvements constructed under the provisions of ORS 549.310 to 549.400, for the purpose of ascertaining whether or not they have been properly maintained and are in a good and serviceable condition. If it is found that the works are not properly maintained or are not in a good and serviceable condition either in whole or in part, the county court shall give notice in writing to the owner of land upon which it was found that the works are not properly maintained or are not in a good and serviceable condition, which notice shall set forth the necessary work to be done and the time of beginning and completion of the same. In the event the owner fails to comply with the conditions set forth in the notice, the county court shall order the necessary work to be done and assess the cost against the land upon which the work was done in the manner provided in ORS 549.350.

�� 549.380 Acquisition of property necessary to improvement; condemnation; prior payment of compensation unnecessary. Whenever a county court finds it necessary, in order to carry out any of the purposes mentioned in ORS 549.310 to 549.370, to condemn, acquire or appropriate any land, property or right of any nature, it shall so declare its intention by resolution spread on the records of the court, setting out the necessity that exists. If it is unable to agree with the owner for the purchase of such land, property or right, the district attorney for the county, upon request of the county court, shall commence and prosecute in any court of competent jurisdiction, in the name of the county, any necessary suit, action or proceeding for the condemnation of such land, property or right, for such public use. The procedure in such suit, action or proceeding shall be, as far as applicable, the procedure provided by law for the condemnation of lands or rights of way by public or quasi-public corporations for public use or for corporate purposes; provided, nothing in this section shall be construed to require the county to make or tender compensation prior to the condemnation and taking possession of such land, property or right.

�� 549.390 Appeal from order authorizing work or assessing damages. Any person aggrieved by any order pursuant to the provisions of ORS 549.310 to 549.400 authorizing any construction work or by the assessment of any damages, may appeal to the circuit court within 20 days from the date when the county court approved such improvement. From the judgment of the circuit court an appeal to the Court of Appeals may be taken in the manner provided for appeals in civil proceedings. [Amended by 1979 c.562 �26]

�� 549.400 Obstruction, befoulment or pollution of ditch prohibited. No person shall throw, dump, place or allow to be thrown, dumped or placed, any rubbish, refuse or any article or thing in any ditch, lateral, canal, slough, waterway or conduit constructed, operated or maintained under the provisions of ORS 549.310 to 549.390, or befoul, pollute or allow to be befouled or polluted any such ditch, lateral, canal, slough or conduit.

REPAIR OF DIKES

�� 549.510 Repair of dikes protecting contiguous tracts of different owners; refusal of one owner to repair; reconstruction by other; recovery of expense. Whenever two or more contiguous tracts of land, not in a diking district, the property of separate owners, have been protected by a common dike or by separate dikes so constructed as to afford a common benefit to the lands affected thereby, or upon which the dike has been constructed, and any portion of the dike has become broken or destroyed or in such condition of repair that the lands intended to be benefited and protected by the dike are being injured by reason of its broken, destroyed or other bad condition, and the owner of the land upon which the broken or destroyed dike is located refuses to rebuild, repair, reconstruct or otherwise improve the same so as to afford the proper protection and benefit to the land, the owners of the other contiguous tracts may attempt to agree with the owner of the land upon which the dike in question is located, with reference to its repair, reconstruction or rebuilding. If the owner refuses to rebuild, reconstruct or repair the dike, the owners of the other contiguous tracts of land affected by the dike and upon whose land the dikes are in a good condition of repair, may reconstruct, rebuild or repair the broken or destroyed dike and shall be entitled, by action in any court having jurisdiction, to recover from the delinquent owner the reasonable value of the material furnished and labor used in rebuilding, reconstructing or repairing the same, together with the cost and disbursements of such action. The action shall be prosecuted in the name of the owners and against the delinquent party. Any party to the action is entitled to a jury trial.

�� 549.520 Complaint to county judge of neglect to repair; notice; examination; findings; direction to delinquent owner to repair dike. If anyone neglects to repair, rebuild or reconstruct a dike as specified in ORS 549.510, the owners of the contiguous tracts of land may complain to the county judge of the county in which the lands or some portion thereof are situated, who, after due notice, shall examine the premises. If the county judge determines that the dike is in need of reconstruction, rebuilding or repair, and that the dike is of sufficient benefit to the lands affected thereby to warrant its maintenance, and if the county judge finds that the dikes on the other contiguous tracts owned by the persons complaining are in a good state of repair, the county judge shall so signify in writing and shall cause to be served upon the delinquent owner a copy of such finding and shall direct the owner to rebuild, reconstruct or repair the dike within such time as the judge determines to be reasonable.

�� 549.530 Entry on land by complainant to repair dike; recovery of cost of repair. If such dike is not repaired or rebuilt accordingly, the complainants may repair or rebuild the dike, and for that purpose may go upon the premises where the destroyed or broken dike is located, doing as little damage as possible thereto, and may recover the value or cost of rebuilding, reconstructing or repairing the dike from the delinquent owner, before any court having jurisdiction.

�� 549.540 Dikes constructed under agreement excepted. The provisions of ORS 549.510 to 549.530 shall not apply to dikes constructed under agreement between the owners of contiguous tracts of land, under which agreement the maintenance of the dike is provided for.

FEDERAL FLOOD CONTROL PROJECTS

�� 549.605 Definitions for ORS 549.605 to 549.645. As used in ORS 549.605 to 549.645, unless the context requires otherwise:

�� (1) �Commission� means the Water Resources Commission.

�� (2) �Federal flood control projects� includes all authorized federal projects located wholly or partially within this state which the commission determines would be beneficial to this state as flood control measures.

�� (3) �Federal government� means the United States, or any agency or instrumentality of the United States which is designated or authorized to engage in flood control projects within Oregon. [1957 c.466 �1]

�� 549.610 Water Resources Commission to participate on behalf of state in federal flood control projects; powers and duties of commission. The Water Resources Commission is directed to carry out, for and on behalf of the state, the state�s participation in federal flood control projects. In discharging this responsibility, the commission, or one or more of its members or employees designated by the commission to represent it, may sign agreements with the federal government and other persons, to integrate, if possible, into the federal project necessary or desirable state or local features and works, to relocate facilities displaced by such projects and to perform all other acts connected with and necessary to such participation. Work to be done by the state may be carried out by contract or by available state forces or by a combination of these two methods. If the commission deems it to be in the public interest, they may agree with public or quasi-public bodies and other persons affected by such projects to have such bodies or persons perform the work. The commission shall, in all instances, carry out the powers and duties imposed upon it by ORS 549.605 to 549.645 in a manner which will comply with federal flood control legislation and rules and regulations promulgated pursuant to such legislation. [1957 c.466 �2]

�� 549.615 Entering upon land. The Water Resources Commission and its agents and employees may enter upon lands to gather information when necessary for the performance of those duties imposed upon them by ORS 549.605 to 549.645. [1957 c.466 �3]

�� 549.620 Acquisition of property. The Water Resources Commission may acquire property, as defined in ORS 35.550 (1), by purchase, donation or condemnation in the manner provided in ORS 35.550 to 35.575, when necessary to carry out the duties assigned it by ORS 549.610. [1957 c.466 �4]

�� 549.625 Powers of commission with respect to acquired property. As to any property acquired pursuant to ORS 549.605 to 549.645, the Water Resources Commission may sell, donate, exchange or lease it or grant easements thereon, on terms which are beneficial to the state and meet all federal flood control project requirements; and the commission, or one or more of its members or employees designated by the commission to represent it, may execute and deliver, in the name of the State of Oregon, a lease, deed or other instrument of conveyance of such property. These leases, deeds and instruments may contain such reservations as the commission deems necessary to protect the interests of the state in flood control. [1957 c.466 �5]

�� 549.630 Operation and maintenance of projects. After the completion of a flood control project or a portion thereof and, in the case of projects constructed by the federal government, after such project or a useful portion thereof has been turned over to the state by the federal government, such projects may be operated and maintained by the Water Resources Commission for the primary purpose of flood control; or, when the commission deems such action to be in the public interest, the commission may enter into agreements with public or quasi-public bodies and other persons to operate and maintain such projects. [1957 c.466 �6]

�� 549.635 Agreements for joint participation or aid. The Water Resources Commission may enter into agreements with the federal government, public and quasi-public bodies, including but not limited to drainage and irrigation districts organized under the laws of Oregon, water control districts and subdistricts formed under ORS chapter 553 and district improvement companies formed under ORS chapter 554, and other persons for the purpose of participating jointly with such bodies or persons in federal flood control projects or aiding such bodies or persons in meeting obligations imposed upon them in connection with federal flood control project agreements. The commission shall not aid or agree to aid any public or quasi-public body or person unless such body or person is meeting satisfactorily or to the best of its ability all obligations imposed upon it under such agreements. [1957 c.466 �7]

�� 549.640 Disposition of moneys received by commission. Except as provided in ORS 536.500, all moneys received by the Water Resources Commission under the provisions of ORS 549.605 to 549.645, including any allotment of moneys from the federal government to reimburse the state for expenditures made in connection with a flood control project, shall be turned over to the State Treasurer to be placed in the State Treasury to the credit of the General Fund. [1957 c.466 �8]

�� 549.645 Waiver of state�s immunity to suit or action. Except upon contracts providing for arbitration under the provisions of ORS

ORS 550.410

550.410, the initial district board may exercise all the duties and powers conferred on the board of directors under ORS 550.150 to 550.410.

�� (3)(a) At the first meeting of the initial district board, the board shall elect a member to serve as chair. The chair shall preside over board meetings, appoint subcommittees subject to board approval and set the meeting agenda subject to revisions by the board.

�� (b) A majority of the directors of the initial district board shall constitute a quorum for the transaction of business.

�� (4) Any vacancy on the initial district board shall be filled by majority vote of the remaining directors of the board. The replacement director must qualify for the vacant position as provided in subsection (1) of this section.

�� (5)(a) The directors of the initial district board shall serve in place of the board of directors until the initial district board adopts a resolution calling for the appointment and election of the board of directors and a quorum of the directors of the board of directors, as determined under ORS 550.200 (4), takes office.

�� (b) The resolution of the initial district board shall call for the appointment and election of the board of directors to take place not more than six months after the date on which the district first begins to collect revenues under one of the methods set forth in ORS 550.300.

�� (c) The initial district board shall file a copy of the resolution with the county elections officer and the Governor.

�� (6) Notwithstanding ORS 255.325 and 255.335, the first elected directors of the board of directors may be elected at a special election held in accordance with ORS 255.345. [2019 c.621 �5; 2022 c.16 �3; 2024 c.49 �4]

�� 550.195 Board of directors. (1) The board of directors shall consist of nine voting directors selected as follows:

�� (a) One director shall be elected at large by the electors. A candidate for this position must be an elector.

�� (b) Four directors shall be elected at large by the electors. A candidate for any of these positions must be an elector who:

�� (A) Resides within the managed floodplain;

�� (B) Regardless of whether the elector resides within the managed floodplain, owns real property located within the managed floodplain; or

�� (C) Regardless of whether the elector resides within the managed floodplain, is the designated representative of a business or other for profit or nonprofit corporation that owns real property located within the managed floodplain and is authorized in writing by the owner to be a candidate at the time of filing the declaration of candidacy.

�� (c)(A) The Governor shall appoint four directors as follows:

�� (i) One director with expertise or an interest in flood safety;

�� (ii) One director with expertise or an interest in environmental conservation;

�� (iii) One director with expertise or an interest in environmental justice; and

�� (iv) One director representing the Port of Portland from among persons recommended by the board of commissioners of the Port of Portland.

�� (B) Before making an appointment under subparagraph (A)(i) to (iii) of this paragraph, the Governor shall provide the board of directors with an opportunity to recommend individuals who may have specific kinds of expertise that the board believes to be necessary or beneficial to the district.

�� (2) Each elected director of the board of directors shall be elected at a regular district election for a term of four years as provided in ORS 255.335.

�� (3) Each director of the board of directors appointed by the Governor under subsection (1)(c) of this section shall be appointed for a term of four years beginning July 1 and ending June 30.

�� (4)(a)(A) The board of directors shall fill any vacancy among the elected directors of the board of directors as provided in ORS 198.320.

�� (B) The Governor shall fill any vacancy among the appointed directors of the board of directors.

�� (b) A director appointed to the board of directors under paragraph (a) of this subsection shall serve the remainder of the unexpired term of the director that the newly appointed director replaces. [2022 c.16 �5]

�� 550.196 Terms of first directors. (1)(a) Notwithstanding ORS 550.195 (2), the first directors elected at a regular district election shall determine their terms by lot so that the terms of two directors expire on the first June 30 that occurs at least two years after the date of the regular district election at which they were elected and the terms of three directors expire on the first June 30 that occurs at least four years after the date of the regular district election at which they were elected.

�� (b) Notwithstanding paragraph (a) of this subsection, if the first elected directors are elected at an election other than a regular district election under ORS 255.335, the directors shall take office upon certification of the election under ORS 255.295 (2) and shall serve until the first June 30 that occurs after the date of the next regular district election, at which election the elected members of the board of directors shall be elected as provided in paragraph (a) of this subsection.

�� (2)(a) Notwithstanding ORS 550.195 (3), two of the first directors appointed by the Governor shall serve terms ending on the date on which the terms of two of the first directors elected at a regular district election expire as provided in subsection (1)(a) of this section and the other two of the first directors appointed by the Governor shall serve terms ending on the date on which the terms of three of the first directors elected at a regular district election expire as provided in subsection (1)(a) of this section.

�� (b) The Governor shall determine which of the first directors shall be appointed under this subsection for the two-year and the four-year terms. [2022 c.16 �5a]

�� 550.200 Organizational meeting of board of directors; oath; officers; meetings; quorum. (1) As soon as practicable after the election and appointment of the directors to the board of directors, the directors shall meet to qualify all individuals elected or appointed as directors by administering an oath of office and to elect the officers of the board of directors.

�� (2) The directors shall elect from their number a chair and vice chair. Such officers have the authority and duties granted them by the board of directors.

�� (3) The board of directors shall meet at times and places that the board of directors considers necessary or convenient.

�� (4) A majority of the directors shall constitute a quorum for the transaction of business. [2019 c.621 �6; 2022 c.16 �6]

�� 550.210 Duties of board of directors. The board of directors shall:

�� (1) Manage and conduct the affairs of the district.

�� (2) Employ and appoint agents and employees and prescribe the duties and fix the compensation of the agents and employees.

�� (3) Establish reasonable bylaws and rules for the administration of the affairs of the district.

�� (4) Adopt ordinances under ORS 198.510 to 198.600 that the directors consider necessary or convenient for carrying out or enforcing the district�s powers and duties under ORS 550.150 to 550.410.

�� (5) Establish and maintain funds and accounts for the moneys of the district.

�� (6) Obtain an annual audit of the books of the district.

�� (7) Fix the location of the principal office of the district at some convenient place within the district.

�� (8) Keep a record of all proceedings of the board of directors.

�� (9) File for record all documents required by law to be recorded.

�� (10) Establish the boundaries of the managed floodplain. The board of directors may amend the boundaries from time to time as the board deems necessary or prudent to address regulatory or environmental changes that affect the need for district management to accomplish the purposes of the district set forth in ORS 550.170.

�� (11) Consider equity and inclusion in all aspects of administering the district.

�� (12) Call elections within the district as provided in ORS chapter 255, including, but not limited to, elections for the purposes of ORS 550.190 and 550.340.

�� (13) Do such other acts and things as may be necessary or proper for the exercise of the duties imposed on the board of directors. [2019 c.621 �7; 2022 c.16 �7]

�� 550.220 Stakeholder advisory committees. The board of directors may appoint stakeholder advisory committees to:

�� (1) Advise the board of directors on aspects of the operation of the district;

�� (2) Assist with community outreach and citizen participation; and

�� (3) Advise on such other matters as the board of directors deems necessary or beneficial to the district. [2019 c.621 �8; 2022 c.16 �8]

�� 550.230 General powers of district. To carry out the purposes for which it was created, the urban flood safety and water quality district is a body corporate and has the power to, without limitation:

�� (1) Have and use a seal.

�� (2) Have perpetual succession.

�� (3) Sue and be sued in its own name.

�� (4) Acquire by condemnation, purchase, devise, gift or voluntary grant real and personal property, or any interest in such property, located inside or outside the boundaries of the managed floodplain, as the board of directors deems necessary for the purposes of the district set forth in ORS 550.170, and dispose of such real and personal property when the board of directors deems the property unnecessary for the purposes of the district set forth in ORS 550.170.

�� (5) Enter into intergovernmental agreements under ORS chapter 190 for the construction, preservation, improvement, operation or maintenance of any works or other services.

�� (6) Enter into contracts with the federal government, including, without limitation, the United States Army Corps of Engineers and the Federal Emergency Management Agency.

�� (7) Build, construct, purchase, improve, operate and maintain, subject to all applicable provisions of law, all works that the board of directors considers necessary or desirable.

�� (8) Enter into contracts and employ agents, engineers and attorneys.

�� (9) Enter into contracts or grant agreements with nonprofit corporations or community groups.

�� (10) Acquire and maintain water and water rights, as the board of directors deems necessary for the purposes of the district set forth in ORS 550.170.

�� (11) Enforce the authority of the district and protect the district�s works against public nuisances, obstructions or discharges on public or private property that the district deems to have a negative impact on the district�s works.

�� (12) Take all actions necessary or convenient to effect the dissolution and merger of any drainage district or corporation described in ORS 550.360 that is located entirely within the boundaries of the district and accept and assume the duties, assets and liabilities of the dissolved district or corporation, including all lands and personal property, water rights, contracts, obligations, debts and liabilities as provided in ORS 550.360.

�� (13) Do such other acts and things as may be necessary or proper for the exercise of the powers granted to the district. [2019 c.621 �9; 2022 c.16 �9; 2024 c.49 �5]

�� 550.240 Eminent domain. (1) Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (4) shall be governed by ORS 35.015 to 35.530.

�� (2) The district�s authority to condemn property is limited to property located:

�� (a) Within the managed floodplain; or

�� (b) Outside the managed floodplain if the board of directors deems such property to be necessary for flood control within the managed floodplain.

�� (3) The district�s authority to condemn property includes property already devoted to a public use, if acquisition of such property is required by regulations applicable to the district under federal law, is required by a federally mandated agreement between a federal agency and the district or is approved by the public body that owns the property.

�� (4) If the district seeks to acquire by eminent domain all or a portion of property dedicated to open space under the land use regulations of a city or county, just compensation shall be determined based on the zoning designation applicable to the property immediately prior to the open space dedication. [2019 c.621 �10; 2022 c.16 �10]

�� 550.250 District activities as urban services. Activities of the urban flood safety and water quality district are deemed to be urban services, as defined in ORS 195.065, if the district engages in the activities to manage flood control and safety, water quality or surface water. [2019 c.621 �11]

�� 550.260 Plan for watershed and habitat improvement and landscape resilience; decennial review. (1)(a) The urban flood safety and water quality district shall prepare a plan for watershed and habitat improvement and landscape resilience within the managed floodplain. The watershed improvement plan shall be coordinated with plans or programs of other jurisdictions with authority over watershed management within the managed floodplain.

�� (b) The urban flood safety and water quality district may seek funding from other sources if the district determines that the watershed improvement plan would benefit the region or the state.

�� (2)(a) A watershed improvement plan prepared pursuant to this section must:

�� (A) Include existing and proposed works of the district and of other public and private agencies relating to flood safety and watershed health; and

�� (B) Demonstrate a basis for the coordination and planning of future works of the district, governmental agencies and private interests to contribute to improved water quality, fish and wildlife habitat and landscape resilience while reducing the risk of flooding, protecting persons and property from flood risk, improving response to flood emergencies and providing for conveyance of water for flood safety.

�� (b) A watershed improvement plan and works included in the plan must be based on assessments of data and information critical for evaluating and monitoring flood safety or watershed health.

�� (3)(a) The initial district board appointed under ORS 550.190 (1) shall consider the projected scope of a watershed improvement plan and the impact of the plan on the cost of the district�s works in the course of developing methods of funding the operations of the district as provided in ORS 550.190 (2).

�� (b) The board of directors shall complete a watershed improvement plan within three years following the date on which the first board of directors commence their terms of office as provided in ORS 550.195 and 550.196.

�� (4) The district shall review and update the watershed improvement plan at least every 10 years. [2019 c.621 �12; 2022 c.16 �11]

�� 550.270 Construction of district works. (1) The urban flood safety and water quality district may undertake construction of works upon approval of the proposed works by the board of directors.

�� (2) The board of directors shall obtain engineering plans for any works that require engineering. [2019 c.621 �13; 2022 c.16 �12]

�� 550.280 District contracts subject to Public Contracting Code. The urban flood safety and water quality district is a contracting agency as defined in ORS 279A.010 for all applicable requirements of the Public Contracting Code. [2019 c.621 �14]

�� 550.290 Construction on public land or right of way or along public watercourse. (1) The urban flood safety and water quality district may construct works:

�� (a) Across or along any street or public highway, or over any lands, that are the property of the state or of any political subdivision of the state.

�� (b) Across or along any stream of water or watercourse, any ground water resource or any affected lands that are the property of the state or of any political subdivision of the state.

�� (2) When constructing works under this section, the district shall comply with all federal, state and local permitting and regulatory requirements and restrictions applicable to the district�s work in a street, right of way, stream of water or watercourse or ground water resource that is the property of the state or of any political subdivision of the state. [2019 c.621 �15]

�� 550.300 Financing construction, operation or maintenance of district works; local option taxes prohibited. (1) The board of directors may finance the construction, operation or maintenance of district works by the following means:

�� (a) Assessments made under ORS 550.310 against the benefited lands in the district, with or without the issuance of works bonds.

�� (b) Service and user charges imposed under ORS 550.330, with or without the issuance of revenue bonds.

�� (c) Issuance of general obligation bonds under ORS 550.340.

�� (d) Assessments against benefited lands within the managed floodplain made under ORS 550.312.

�� (e) Imposition of the flood safety intergovernmental fee under ORS 550.314.

�� (f) Any other means authorized by law.

�� (g) Any combination of the means described in this section.

�� (2) Notwithstanding subsection (1) of this section, the board of directors may not levy local option taxes under ORS 280.040 to 280.145. [2019 c.621 �16; 2022 c.16 �13; 2024 c.49 �6]

�� 550.310 Assessments against benefited lands for district works; apportionment; hearing; works bonds. (1) All or part of the cost of building, constructing, purchasing, operating, maintaining or improving works of the urban flood safety and water quality district may be assessed against the lands to be benefited by the works. The board of directors shall determine the portion of the cost, if any, that is to be paid from the general fund of the district and the portion that is to be paid by assessments against the lands benefited.

�� (2) Assessments shall be apportioned by the board of directors among benefited lands in accordance with the special and peculiar benefit to be received from the district works by each lot or parcel of land. For parcels of land, or any portion of the parcels, in the district that are undeveloped, the board of directors may, in its discretion, defer assessing or imposing all or any portion of the assessments on such parcels until the parcels are connected with, or receiving services from, the district works.

�� (3) The board of directors shall afford an opportunity for hearing any objections or remonstrances to assessments under this section. If the board of directors receives objections or remonstrances that are signed by more than 50 percent of the landowners representing more than 50 percent of the territory within the proposed assessment district, the proposed assessment may not be imposed.

�� (4) If any portion of the cost of district works is assessed against benefited lands under this section, the board of directors may issue works bonds in the total amount of the valid applications the board of directors has received to pay assessments in installments as provided by ORS 223.205 and 223.210 to 223.295. [2019 c.621 �17; 2022 c.16 �14]

�� 550.312 Annual charge payable by benefited lands for district works; apportionment; assessment and collection. (1)(a) The board of directors of the urban flood safety and water quality district may impose an annual charge to pay the costs of operating and maintaining district works that directly benefit lands situated within the managed floodplain of the district.

�� (b) If the board of directors elects to impose the charge, it shall determine the total amount of revenues required to pay the costs described in paragraph (a) of this subsection, including the estimated delinquencies on payment of the charge, for the succeeding year.

�� (c) The total amount determined under paragraph (b) of this subsection shall be an assessment upon all the benefited lands and shall be apportioned by the board of directors in accordance with the method adopted under subsection (2) of this section.

�� (d) For purposes of this section, benefited lands subject to assessment include:

�� (A) Any portion of a parcel of lands that is so benefited; and

�� (B) Notwithstanding ORS 307.090, lands owned by a public body.

�� (e) Any parcel of benefited lands owned by any person that totals less than one acre shall be assessed as one acre.

�� (2) The board of directors may adopt by ordinance:

�� (a) A method for apportioning the assessments imposed under subsection (1) of this section; or

�� (b) A method of apportionment that is based on the method for apportioning assessments adopted by an existing drainage district formed under ORS chapter 547 or incorporated under ORS chapter 554 that is operating within the managed floodplain as of June 6, 2024.

�� (3)(a) The board of directors shall:

�� (A) Prepare a list of the assessments imposed under subsection (1) of this section and the apportionments made under subsection (2) of this section, including a description of the ownership or holdings of each person whose benefited lands are assessed; and

�� (B) Not later than July 15 of each year, file a written notice in the manner provided in ORS

ORS 554.180

554.180. All lands subject to liens and encumbrances for such debts and obligations shall remain subject to the liens and encumbrances. A landowners� notice encumbering land for any new nonoperational debt shall require the consent of landowners representing two-thirds of the lands in the district. [1993 c.502 �2; 2013 c.284 �10]

�� 554.385 Findings by board of reorganizing district; plan of dissolution; transfer of district assets to corporation; statement of dissolution. (1) When the decision of the landowners described in ORS 554.375 authorizes the dissolution of a drainage district or a diking district and the reorganization of the district into a corporation for drainage or flood control under this chapter, the board of supervisors of a drainage district or the advisory board of a diking district shall make findings of fact which shall include:

�� (a) The amount of each outstanding bond, coupon and other indebtedness, with a general description of the indebtedness and the name of the holder and owner of each, if known.

�� (c) Uncollected assessments and charges levied by the district and the amount upon each lot or tract of land.

�� (d) A description of the personal property and of all other assets of the district.

�� (2) The board of supervisors or the advisory board shall propose a plan of dissolution and liquidation, which shall include provision for transfer and conveyance of all assets of the district to the corporation organized by the board of supervisors or advisory board under ORS 554.380.

�� (3) Dissolution of a drainage district or diking district under this section shall occur without further action by the landowners of the district.

�� (4) The board of supervisors or the advisory board shall convey to the corporation organized by the board of supervisors or the advisory board under ORS 554.380 all assets of the dissolving district when:

�� (a) The corporation assumes all debts and obligations of the dissolving district and undertakes to continue to furnish the services provided by the dissolving district pursuant to the plan of dissolution and liquidation and the articles of incorporation of the corporation; and

�� (b) The consent of all the known holders of valid indebtedness against the district has been obtained, or provision has been made in the plan for payment of the nonassenting holders.

�� (5) When all assets of the dissolving district are transferred to the corporation, the board of supervisors or the advisory board shall file with the governing body of the county in which the greatest area of the district is situated a sworn statement that the district has been dissolved under ORS 554.320 and 554.375 to 554.390 and its affairs liquidated. From the date of the statement, the corporate existence of the district is terminated for all purposes.

�� (6) ORS 548.900 to 548.955 and 551.180 do not apply to a district dissolved under ORS 554.320 and 554.375 to 554.390. [1993 c.502 �3]

�� 554.390 Dissolution of district and reorganization as corporation under ORS 554.320 and

ORS 555.535

555.535�� Application of ORS chapter 255

RECLAMATION UNDER CAREY ACT

�� 555.010 Acceptance by state of conditions of Carey Act and grants thereunder. The State of Oregon hereby accepts the conditions of section 4 of the Act of Congress approved August 18, 1894 (28 Stat. 422), and amendments thereto, known as the �Carey Act,� together with all grants of land to the state under the provisions of that Act.

�� 555.020 Water Resources Commission to manage lands; general powers; transfer of powers of former state boards. The selection, management, and disposal of the land referred to in ORS 555.010 shall be vested in the Water Resources Commission. The commission may employ necessary assistance, purchase material and supplies, and shall have charge and control of all reclamation work undertaken, contracted for, or initiated by the State Land Board prior to the passage of chapter 226, Oregon Laws 1909, or by the Desert Land Board prior to the passage of chapter 434, Oregon Laws 1927, and of the reclamation companies which were operating under either of those boards.

�� 555.030 Duties of Water Resources Commission. The Water Resources Commission, or some authorized assistant, shall:

�� (1) Have custody of all the records and files under the provisions of ORS 555.010 to 555.160, which shall be public records and open to inspection by the public during office hours.

�� (2) Receive and file all proposals for construction of irrigation works to reclaim lands selected under the provisions of ORS 555.010 to 555.160.

�� (3) Keep for public inspection maps or plats of all land selected.

�� (4) Receive entries of settlers on these lands.

�� (5) Do any and all work necessary in carrying out the provisions of ORS 555.010 to 555.160. [Amended by 1955 c.707 �68]

�� 555.040 Powers of Water Resources Commission as to contracts with Secretary of Interior for lands to be reclaimed; lien for expenses. Upon application, made as provided in ORS 555.050, by any person desiring to reclaim any of the desert government lands in this state, the Water Resources Commission shall make proper application for the lands which the applicant undertakes to reclaim, and make and enter into contract or agreement with the Secretary of the Interior for the donation and patent to the state, free of cost for survey or price, of such desert lands. The commission may make and enter into such contracts and agreements, and create and assume such obligations in relation to and concerning the lands, as may be necessary to induce and cause such reclamation thereof as is required by the contract with the Secretary of the Interior and the Acts of Congress. The commission may create a lien which shall be valid on and against the separate legal subdivisions of land reclaimed, for the necessary expenses of reclamation, and reasonable interest thereon from the date of reclamation until the lien is satisfied; provided that in no event, in no contingency, and under no circumstances, shall the state be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part.

�� 555.050 Application to Water Resources Commission for lands to be reclaimed; selection and withdrawal of lands. (1) Any person desiring to construct ditches, canals or other irrigation works to reclaim land under the provisions of ORS 555.010 to 555.160 shall, at the expense of the person, file with the Water Resources Commission an application for selection on behalf of the state, by the commission, of the land to be reclaimed. The application shall conform to all requirements of the federal laws and rulings thereunder, and be accompanied by the necessary land office fees and such additional data as may be prescribed by the commission, including a preliminary estimate of costs and the amount of lien asked for. If the application is made in proper form, and it appears that the proposed plan is feasible, that the applicant is financially able to complete the work, and that its completion will be to the best interests of the state, then the commission, at the expense and cost of the applicant, shall make proper application for the selection and withdrawal of the lands included in the application.

�� (2) The commission may do all things necessary to secure the withdrawal of lands on behalf of the commission by the Secretary of the Interior, and let a contract to the lowest responsible bidder for the reclamation and colonization of the same when withdrawn.

�� 555.060 Deposit by applicant; disposition of money. A deposit shall accompany each application in a sum not less than 10 cents per acre up to 1,000 acres, and two cents per acre for each acre over that amount, which sum shall be deposited with the Water Resources Commission and held in trust as a guarantee of good faith on the part of the applicant, to whom it shall be returned at the time of execution of a contract between the state and the applicant. In case the person making the application shall, upon segregation by the Secretary of the Interior of any or all of the lands mentioned therein, refuse to enter into a contract with the state, the deposit shall be forfeited to the state and credited to the Oregon Irrigation Fund.

�� 555.070 Contract for reclamation of land; contents; examination and report by Water Resources Commission; sale of water right to settlers; bond of contractor; deposit to secure purchasers of water rights. Upon withdrawal of the land by the Department of the Interior, the Water Resources Commission shall enter into a contract for the reclamation of such land with the person submitting the application, which contract shall contain plans and specifications of the proposed irrigation works; provided, that no contract shall be executed by the commission until after an examination by the commission concerning the feasibility of the proposed plan of reclamation, sufficiency and availability of the water supply, and reasonableness of the estimate of cost and the lien requested. The contract shall provide for the sale of the water right to settlers on the land in satisfaction of the reclamation lien allowed. This contract shall not be entered into on the part of the state until the withdrawal of the lands by the Department of the Interior and the filing of a satisfactory bond on the part of the proposed contractor, which bond shall be in a penal sum not less than two percent of the lien to be allowed, and shall be conditioned upon the faithful performance of the provisions of the contract with the state; provided, that in case the contractor is the irrigation district such bond need not be filed. The commission may, however, require the contractor to make a deposit at the time of application for entry of land by settlers to insure the transfer of the system in good condition and repair to the purchasers of water rights as herein provided, which deposit shall be returned by the commission at the time of such transfer. [Amended by 1955 c.707 �69]

�� 555.080 Reclamation works; control by contractor; transfer to purchasers of water rights. For such time as is specified in the contract, and not to exceed 10 years from the date thereof, the control and management of the reclamation works shall be vested in the person having contract with the state. At the expiration of such time the clear and unencumbered title to the reclamation works and all franchises thereunto belonging, also the control and management thereof, shall pass to the purchasers of water rights from the reclamation works in the manner to be prescribed in the contract, the contractor retaining an interest in the works proportional to the amount of water right unsold.

�� 555.090 Time for construction of works; date of commencement; securing of water rights; cessation of work as causing forfeiture; extension of time. No contract shall be made by the Water Resources Commission which requires a greater time than five years for construction of the works. All contracts shall state that the work shall begin within six months from date of contract; that the contractor shall secure for the use and benefit of the reclamation system all necessary water rights, rights of way, reservoir sites, or other property necessary for its construction and operation; that construction shall be prosecuted diligently and continuously to completion; and that a cessation of work under the contract with the state for a period of six months, without the sanction of the commission, will forfeit to the state all rights under the contract. The commission may extend the time in which to begin the construction of works, or for the completion of work, on account of delay caused by physical or engineering difficulties beyond the power of the contractor to control.

�� 555.100 Nonperformance by contractor; forfeiture; notice of forfeiture; sale of incomplete works; disposal of proceeds. (1) Upon the failure of any parties having contracts with the state for the construction of irrigation works, to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract with the state, to the satisfaction of the Water Resources Commission, the commission shall give the parties written notice of such failure. If after a period of 60 days from the sending of such notice they have failed to proceed with the work or to conform to the specifications of their contract with the state, or secure an extension of time, their contract and all works constructed thereunder shall be at once forfeited to the state.

�� (2) In case of any forfeiture, cancellation, or relinquishment of any contract to the state, the commission shall so declare and give notice once each week, for four weeks, in some newspaper of general circulation in the county in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of the forfeiture, cancellation, or relinquishment of the contract, and that upon a fixed day proposals will be received at the office of the commission for purchase of the incompleted works and for completion of the irrigation works in accordance with plans, specifications and other conditions prescribed by the commission, the time for receiving bids to be at least 60 days subsequent to the issuing of the last notice of forfeiture. The money received by the commission from sale of the partially completed works under the provisions of this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal, and the surplus, if any exists, shall be paid to the original contractors with the state.

�� 555.110 State�s liability. Nothing in ORS 555.010 to 555.160 shall be construed as authorizing the Water Resources Commission to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.

�� 555.120 Conditions precedent to entry onto land and sale of water rights; form of applications for purchase or for release of lien; �date of reclamation.� No land shall be open to entry and no water rights shall be sold by the parties under contract with the Water Resources Commission until the construction of the works is sufficiently advanced to insure a water supply, and the entry of an order by the commission opening the land or any portion thereof to entry and sale. All applications to purchase lands, or for release of lien for construction of the reclamation works, shall be upon the forms provided by the commission. The �date of reclamation,� for the purposes of ORS 555.010 to 555.160, shall be the date shown by the proof furnished the Secretary of the Interior by the commission at which water was furnished available for the reclamation of each tract in the list of lands.

�� 555.130 Application to enter; contract for purchase of water rights and release of lien; payment for land. Any citizen of the United States, or any person having declared an intention to become such, over the age of 21 years, may make application, under oath, to the Water Resources Commission, upon forms prescribed by the commission, to enter any of the lands reclaimed under the provisions of ORS 555.010 to 555.160, in an amount not to exceed 160 acres for any one person. Each application shall be accompanied by a contract, made and entered into by the applicant with the person who has undertaken the reclamation of the tract in question, which contract shall show that the applicant has made proper arrangement for purchase of the necessary water rights and the release of the construction lien. Each application to the commission shall in addition be accompanied by a payment of not less than $1 per acre for each acre included in the application, which payment shall be made by the contractor out of the first payment by the applicant, and shall be deposited by the commission with the State Treasurer, who shall credit it to the Oregon Irrigation Fund. If the application is not approved, the $1 payment shall be returned to the contractor.

�� 555.140 Deeds to land; execution; form; title conveyed; record; preservation of copies; copies as evidence. Upon filing with the Water Resources Commission a satisfactory release of the construction lien apportioned by the commission against the land in any application, accompanied by satisfactory proof of reclamation, cultivation and settlement, as required by the rules of the commission, it shall be the duty of the commission to deed to the applicant, or the assignee of the applicant, the land described in the application. The deeds shall be in form of a quitclaim and shall operate to convey only such title as the state may have in the land conveyed. The deeds, without acknowledgment, or copies thereof duly certified and attested under seal by the commission, certified from the official copy in the keeping of the commission, shall be admitted to record. The commission shall preserve, in a suitable book, a true copy of the deeds, with an alphabetical index of the names of the grantees, and such copies or certified copies thereof certified and attested as aforesaid shall be primary evidence of such conveyances.

�� 555.150 Rules. The Water Resources Commission shall provide suitable rules for the filing of applications for constructing irrigation works, prescribing the nature of final surveys, and the gathering of engineering data upon which the contract with the state is to be based, the manner in which the plans and specifications shall be submitted, and for the entry of and payment for the land and water rights by settlers and for the settlement or forfeiting of entry by settlers, and such other rules and regulations as are necessary to carry out the provisions of ORS 555.010 to

ORS 565.990

565.990�� Penalties

GENERAL PROVISIONS

�� 565.010 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Board� means county fair board.

�� (2) �County court� includes board of county commissioners.

�� (3) �County fair� means an exhibition held for the purposes of disseminating knowledge concerning, and encouraging the growth and prosperity of, all agricultural, stock raising, horticultural, mining, mechanical, artistic and industrial pursuits in a county, including the racing of animals and vehicles.

�� (4) �County fairgrounds� means the ground and all other property owned, leased, used or controlled by a county and devoted to the use of a county fair. [Amended by 1969 c.239 �1; 1977 c.55 �11; 1997 c.435 �1; 2005 c.777 �21]

�� 565.015 [1977 c.55 �13; repealed by 2005 c.777 �48]

�� 565.020 [Amended by 1967 c.135 �2; 1969 c.314 �65; 1971 c.542 �3; 1973 c.792 �25; 1977 c.55 �14; 1981 c.545 �13; 2001 c.24 �1; repealed by 2005 c.777 �48]

�� 565.021 [2005 c.777 �12; 2013 c.722 �9; repealed by 2013 c.492 �34]

�� 565.030 [Amended by 1977 c.55 �16; 1979 c.357 �1; 1999 c.342 �1; 2005 c.777 �22; repealed by 2013 c.492 �34]

�� 565.040 [Amended by 2005 c.777 �23; repealed by 2013 c.492 �34]

�� 565.050 [Amended by 1955 c.146 �1; 1973 c.537 �1; 1977 c.55 �17; 1985 c.675 �5; 2005 c.777 �24; repealed by 2013 c.492 �34]

�� 565.060 [Amended by 1977 c.55 �18; 2005 c.777 �25; repealed by 2013 c.492 �34]

�� 565.070 [Amended by 1977 c.55 �19; 1991 c.331 �83; 1997 c.631 �496; repealed by 2005 c.777 �48]

�� 565.071 [2005 c.730 �8; repealed by 2009 c.542 �2]

�� 565.080 [Amended by 1973 c.537 �2; 1977 c.55 �20; 1999 c.89 �1; 2003 c.794 �299; 2005 c.777 ��26,27; repealed by 2013 c.492 �34]

�� 565.090 [Amended by 1973 c.537 �3; 1977 c.55 �21; 2005 c.777 �28; repealed by 2013 c.492 �34]

�� 565.095 [1985 c.675 �2; 1991 c.703 �49; 2005 c.777 �29; 2007 c.783 �221; repealed by 2013 c.492 �34]

�� 565.100 [Amended by 1977 c.55 �22; 1979 c.602 �4; 1983 c.72 �4; repealed by 1985 c.675 �4]

�� 565.102 [1983 c.72 �3; repealed by 1985 c.675 �4]

�� 565.103 [1999 c.702 �5; 2001 c.942 �12; 2005 c.777 �30; repealed by 2013 c.492 �34]

�� 565.105 [1975 c.550 �9b; repealed by 1977 c.281 �2 and 1977 c.855 �20]

�� 565.106 [1977 c.55 �24; 1981 c.106 �5; repealed by 1985 c.675 �4]

�� 565.107 [1985 c.675 �3; 1987 c.659 �1; 1989 c.966 �62; 1999 c.343 �3; 2005 c.777 �31; 2007 c.315 �1; repealed by 2013 c.492 �34]

�� 565.109 [1999 c.343 �1; 2005 c.777 �32; repealed by 2013 c.492 �34]

�� 565.110 [Amended by 1965 c.342 �1; 1973 c.74 �1; 1977 c.55 �25; repealed by 1985 c.675 �4]

�� 565.112 [1987 c.659 �3; repealed by 2005 c.777 �48]

�� 565.114 [2003 c.750 �1; 2005 c.777 �33; repealed by 2013 c.492 �34]

�� 565.116 [2003 c.750 �2; 2005 c.777 �34; repealed by 2013 c.492 �34]

�� 565.120 [Amended by 1973 c.537 �4; 1977 c.55 �26; 1985 c.675 �6; 2003 c.794 �300; 2005 c.777 ��35,36; repealed by 2013 c.492 �34]

�� 565.130 [Amended by 1973 c.537 �5; 1977 c.55 �27; 2005 c.777 �37; 2013 c.492 �14; renumbered 565.515 in 2013]

�� 565.140 [1957 c.442 �1; 1959 c.52 �1; 1985 c.565 �84; 2005 c.777 �38; repealed by 2013 c.492 �34]

�� 565.142 [1957 c.442 �2; repealed by 1977 c.855 �20]

�� 565.150 [1959 c.615 ��1,2; 2005 c.777 �39; 2013 c.492 �15; renumbered 565.580 in 2013]

�� 565.160 [1961 c.634 ��1,6,7; 1973 c.537 �6; 1985 c.731 �29; 2005 c.777 �40; repealed by 2013 c.492 �34]

�� 565.170 [1963 c.613 �1; 2005 c.777 �41; repealed by 2013 c.492 �34]

�� 565.180 [1963 c.613 ��2,3; 1965 c.56 �3; repealed by 1975 c.75 �5]

COUNTY FAIRS, BOARDS AND FAIR FINANCES

�� 565.190 Financing county exhibits at state fair. A county court is authorized to appropriate out of the general fund of the county not otherwise appropriated money for the purpose of sponsoring a county exhibit at the annual state fair. This section shall not be deemed to limit the authority of a county which has adopted a charter under section 10, Article VI, Oregon Constitution. [1973 c.537 �7]

�� 565.210 County fairs; county fair board; members; appointment; term; bond or letter of credit. (1) Any county may hold county and industrial fairs, but only one county fair shall be held in each county.

�� (2) Except as provided in ORS 565.265, in counties holding county fairs, the county court of such county shall appoint a board consisting of not less than three nor more than seven members, to be known as the county fair board. Members of the county fair board must be residents of the county, except that the county court may elect to appoint not more than one board member who is a resident of an adjoining county. When the first members of the board are appointed under this section, one member shall be appointed for a term to expire the January next following appointment, one for a term to expire one year from the January next following appointment, and one for a term to expire two years from the January next following appointment. In addition to the three members, the county court may, at any time, appoint not more than four additional members, the fourth and sixth members to be appointed for a term to expire one year from the January next following appointment and the fifth and seventh members, if any, for a term to expire two years from the January next following appointment. Annually thereafter, at the first meeting in January, upon the expiration of the term of a member, a successor shall be appointed to serve for three years.

�� (3) The court shall require each member of the board to furnish a good and sufficient bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in favor of the county, conditioned upon the faithful performance of the duties of the office. The bond or letter of credit for each member shall be in a sum equal to $10,000 or 20 percent of the total revenues received by the fair in the last fiscal year ending prior to the appointment of such member, whichever is the lesser amount. The bond or letter of credit when approved by the county court shall be filed with the county clerk. The premium on the bond or the fee for the letter of credit shall be paid for by the county fair board as an expense of the board.

�� (4) No more than one member of the county court may serve as a member of the county fair board.

�� (5) A member of a county fair board appointed under this section may be removed from office for cause as provided in ORS 565.225. [Amended by 1957 c.118 �1; 1961 c.684 �1; 1981 c.134 �1; 1985 c.716 �1; 1991 c.331 �84; 1995 c.710 �1; 1997 c.435 �2; 1997 c.631 �497; 1999 c.59 �178; 1999 c.681 �7; 2007 c.421 �1]

�� 565.220 County fair board; organization; quorum; president and secretary. (1) The members of a county fair board shall, as soon as their bonds have been filed and approved, meet and organize by electing a president and selecting a secretary.

�� (2) A majority of the members of the board shall constitute a quorum for the transaction of all business at meetings. In the absence of the president another member of the board shall perform the duties of the president.

�� (3) The secretary provided for in subsection (1) of this section is not required to be a member of the board. The secretary shall execute a bond or furnish an irrevocable letter of credit, as required of board members by ORS 565.210. [Amended by 1953 c.675 �12; 1961 c.684 �2; 1965 c.513 �2; 1967 c.275 �2; 1991 c.331 �85]

�� 565.225 Removal of county fair board member. A member of a county fair board appointed under ORS 565.210 may be removed by the county court for inefficiency, neglect of duty, misconduct in office, incompetence, incompatibility, dereliction of duty or other good cause, as those terms may be defined by county ordinance. A member of the fair board shall not be removed by the county court until after the member receives a copy of a statement containing the cause for removal and a hearing on the removal is held. The statement shall be given to the member at least 10 days prior to the hearing, at which the member must have an opportunity to be heard in person or by counsel. When the county court removes a member of the fair board, a record of the proceedings, together with the cause for removal and findings thereon, shall be filed in the office of the county clerk. [1999 c.681 �2]

�� 565.230 Management of county fairs; licenses; disposition of proceeds; donations of real property; agreements for limitation of liability. (1) The county fair board has the exclusive management of the ground and all other property owned, leased, used or controlled by the county and devoted to the use of the county fair, and is entrusted and charged with the entire business management and financial and other affairs of such fair.

�� (2) In order that the fairgrounds and buildings may be utilized to the fullest extent for pleasure, recreation and public benefit, the board shall at all times have the authority to provide park facilities for the public or to issue licenses and grant permits for the holding of any exhibitions, shows, carnivals, circuses, dances, entertainments or public gatherings upon the fairgrounds. During the progress of county agricultural or industrial fairs and not otherwise, any such businesses so licensed by the board shall not be required to pay license to any city or county other than to the board as provided in this section. The board shall fix the sum to be paid for such permits and licenses, which shall be issued and signed by the president and secretary of the board. The moneys received from the issuance of such permits and licenses shall be deposited to the credit of the fair fund and warrants drawn against it the same as upon the disbursement of any other fair funds.

�� (3) Donations of real property for the use of the county fair shall be made by an instrument that may be accepted for recording by a county clerk. An instrument of donation shall be recorded in the records of the county clerk where deeds are located. The donated property shall be used in compliance with the express intentions and purposes set forth in the instrument of donation.

�� (4) A county court may conclude that an agreement is needed to protect the county and the county court from liability relating to personnel or contractual matters. If the county court asks the county fair board to begin negotiations for an agreement, the county fair board and the county court must enter into an agreement concerning the rules, policies and procedures to be used in the conduct of fair activities for the purpose of limiting the liability of the county for personnel and contractual matters. However, if a county court determines that an agreement is unnecessary or that an existing agreement provides sufficient protection from liability, then an agreement under this subsection is not required. [Amended by 1953 c.675 �12; 1969 c.239 �4; 1969 c.693 �1; 1999 c.681 �8]

�� 565.240 Rules and regulations; peace officers; appointment and powers. The board may make and enforce all rules and regulations necessary for the proper conduct and management of their respective fairs. It may appoint such marshals or police as may be necessary to keep order and preserve the peace during the time and at the place of holding the fairs and at all other times when the board deems such appointments necessary for the preservation of the peace and the protection of public and private property upon the fairgrounds. The officers so appointed have the same authority for the preservation of order and making arrests upon the grounds as would a deputy sheriff.

�� 565.250 [Repealed by 1981 c.134 �4]

�� 565.260 Fair board or agricultural society existing prior to June 4, 1913. If there existed on June 4, 1913, a county fair board, or an agricultural society in any county holding a county fair within the county, the board shall be considered the county fair board of the county by the provisions of ORS 565.210 to 565.310, and shall be governed under the rules and bylaws already in force of the association, provided there is only one county fair held in each county. [Amended by 2005 c.22 �384]

�� 565.265 Abolishment of county fair board. (1) As provided in this section and ORS 565.268 and 565.271, a county court may abolish the county fair board appointed under ORS 565.210.

�� (2) A county court may initiate proceedings to abolish the county fair board by issuing an order creating a county fair advisory committee with six members who shall all be residents of the county. Upon issuance of the order under this subsection, the county court shall appoint three members to the advisory committee and the county fair board shall appoint three members. The advisory committee shall consider the relevant issues and make recommendations concerning the abolition of the county fair board and, if abolition is recommended, the future operation of the county fair by either a fair association or a fair district. If a majority of the advisory committee agrees that abolishing the county fair board is in the best interests of the residents of the county, the advisory committee shall recommend abolition of the county fair board. If the advisory committee recommends abolition of the county fair board, the county court and the county fair board may meet to consult and negotiate concerning the future operation of the county fair and fairgrounds. If the county court and the county fair board agree that it is in the best interests of the residents of the county to have a fair association or fair district replace the county fair board, the county court may adopt a resolution that expresses the intention of the county court to abolish the county fair board, sets forth the reasons for the intended action, states that either a fair association or a fair district will replace the county fair board and declares that the abolition of the county fair board is in the best interests of the residents of the county.

�� (3) A resolution adopted by a county court under subsection (2) of this section must be accompanied by a resolution adopted by the county fair board that acknowledges the proposed action of the county court and declares that abolition of the county fair board is in the best interests of the residents of the county. The resolution adopted by a county fair board under this subsection must be adopted at a regular public meeting of the county fair board and filed with the county court.

�� (4) After adoption of the resolutions described in subsections (2) and (3) of this section, the county court shall conduct a public hearing concerning the abolition of the county fair board at which testimony of interested persons and other evidence shall be received.

�� (5) Notice of the public hearing required by subsection (4) of this section shall be published twice in at least two newspapers of general circulation in the county. The first notice shall be published between the 90th day and the 60th day before the hearing. The second notice shall be published between the 30th day and the 20th day before the hearing.

�� (6) After the public hearing required by subsection (4) of this section, the county court shall consider the testimony given and the other evidence received at the hearing. If the county court determines that abolishing the county fair board is in the best interests of the residents of the county, the county court shall issue an order abolishing the county fair board and authorizing either the creation of a fair district or an agreement with a fair association for the purpose of managing and operating the county fair. The abolition of the county fair board shall be effective on the date specified in the order. [1999 c.681 �3; 2003 c.101 �1]

�� 565.268 Agreements for fair association to exercise powers of county fair board. (1) As used in this section, a �fair association� means a corporation incorporated under ORS chapter 65 that has a board of directors with at least three members and that is authorized by its articles of incorporation to exercise the powers and perform the functions exercised and performed by a county fair board under ORS 565.210 to 565.310.

�� (2) If the order issued by a county court under ORS 565.265 authorizes an agreement with a fair association, the county court, before the abolition of the county fair board, shall enter into an agreement with a fair association for the management and operation of the county fair. Except as otherwise provided in the agreement, a fair association may exercise all of the powers and authority granted to a county fair board under ORS 565.210 to 565.310.

�� (3) An agreement between a county court and a fair association under this section may not provide for the conveyance or other transfer of public property to the fair association unless the public property is transferred as allowed by the laws of this state. [1999 c.681 �4]

�� 565.270 [Repealed by 1959 c.579 �1]

�� 565.271 Initiation of proceedings for replacement of county fair board by fair district. If the order issued by a county court under ORS 565.265 authorizes the formation of a fair district to replace the county fair board, the county court, before the abolition of the county fair board, shall initiate the formation of the fair district by order as provided in ORS 198.835. After initiation of formation proceedings as provided in this section, a fair district may be created as provided in ORS 198.705 to 198.955 and 565.275. [1999 c.681 �5]

�� 565.275 Fair district; powers; district board. (1) A fair district may:

�� (a) Have and use a common seal.

�� (b) Sue and be sued in its name.

�� (c) Make and accept any and all contracts, deeds, leases, releases and documents of any kind that, in the judgment of the district board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims or demands.

�� (d) Assess, levy and collect taxes to pay the cost of acquiring sites for the county fair and constructing, reconstructing, altering, operating and maintaining the ground and all other property devoted to the use of the county fair, the expenses incurred in the business management and financial and other affairs of the county fair and any lawful claims against the district.

�� (e) Employ all necessary agents and assistants.

�� (f) Call elections after the formation of the district.

�� (g) Generally do any acts necessary and proper to the complete exercise and effect of any of its powers or the purposes for which it was formed.

�� (2) The officers of the district shall be a board of five members elected by the electors of the district. The district board shall be the governing body of the district and shall exercise all powers of the district.

�� (3) Five district board members shall be elected at the election for district formation. If the effective date of the formation of the district occurs in an odd-numbered year, two district board members shall be elected for four-year terms and the other three district board members shall be elected for two-year terms. If the effective date of the formation occurs in an even-numbered year, two district board members shall be elected for three-year terms and the other three district board members shall be elected for one-year terms. The district board members shall be elected at large by position number. Each district board member shall hold office until election and qualification of a successor.

�� (4) ORS chapter 255 governs the nomination and election of district board members and the conduct of district elections.

�� (5) The district board in each year shall determine and fix the amount of money to be levied and raised by taxation for the purposes of the district.

�� (6) A county may convey or otherwise transfer public property to a fair district as provided by law. [1999 c.681 �6; 2001 c.104 �231; 2003 c.802 �143]

�� 565.280 [Amended by 1959 c.579 �2; 1963 c.495 �5; 1969 c.298 �15; 1981 c.134 �2; 1991 c.459 �434; repealed by 1993 c.682 �13]

�� 565.290 [Amended by 1959 c.579 �3; 1963 c.495 �6; repealed by 1993 c.682 �13]

�� 565.300 [Repealed by 1963 c.495 �9]

�� 565.310 County fair not held; disposition of funds. Should a board decide not to hold a county fair, the county court may in its discretion expend such funds, or any portion thereof, for paying premiums upon exhibits of livestock, agricultural and horticultural products at any fair, land products show or livestock exposition held in this state. Any or all of such funds not so used shall be held by the county treasurer in a reserve fund to be available for use by the county fair board in subsequent years.

�� 565.315 Handling and disbursing of moneys in connection with county fairs; financial statement. (1) Notwithstanding any other provision of law relating to the disbursement of county fair moneys from the county treasury, in order to pay promptly prize moneys, premiums, wages, necessary costs of repairs and other claims requiring prompt payment in connection with any county fair, the county fair board, at any time, may draw warrants for such amounts as it deems necessary to make such payments, payable to the county fair board, upon funds in the county treasury available for the purpose of making such payments. Such warrants shall be drawn by the board and signed by the president and secretary thereof.

�� (2) The board shall place any moneys drawn from the county treasury under subsection (1) of this section in an insured institution as defined in ORS 706.008, and may withdraw such moneys for the purpose of making the payments referred to in subsection (1) of this section by checks signed by the president and secretary of the board. All moneys in such checking account not expended during the year such moneys were drawn from the county treasury and placed therein shall be available for use by the board in subsequent years for the purpose of making the payments referred to in subsection (1) of this section.

�� (3) The board shall keep and make available to the county clerk and county treasurer a complete list of all warrants drawn and deposited in the checking account and all checks drawn against such checking account under this section.

�� (4) The board shall, once each year, file with the county clerk a complete financial statement showing all funds received and disbursed. There may be included in the report such suggestions and recommendations as in its opinion would make for the improvement and advancement of agricultural and related industries of the fair. [1955 c.665 �1; 1981 c.134 �3; 1983 c.327 �8; 1997 c.631 �498]

�� 565.320 [Repealed by 1955 c.209 �1]

�� 565.325 County fair fund; purpose; source of moneys. (1) Each county that holds a county fair shall establish and maintain a fair fund. The fair fund may be expended only for the promotion and operation of the county fair and to provide, maintain and improve county fairgrounds, buildings, facilities and improvements on the county fairgrounds for the county fair and other events authorized by the county fair board.

�� (2) All moneys received from activities conducted at the county fair or at the county fairgrounds or facilities, and all moneys received by a county fair as the licensee for pari-mutuel wagering on races conducted at or on behalf of the fair shall be deposited in the county fair fund. [1985 c.716 �3; 1997 c.435 �3]

�� 565.330 [Amended by 1955 c.209 �2; 1963 c.9 �33; 1983 c.646 �1; 1991 c.459 �435; repealed by 2013 c.33 �1]

�� 565.340 [Repealed by 1953 c.675 �12]

�� 565.350 [Repealed by 1953 c.675 �12]

�� 565.360 [Repealed by 1953 c.675 �12]

�� 565.370 [Repealed by 1953 c.675 �12]

�� 565.380 [Repealed by 1953 c.675 �12]

�� 565.390 [Repealed by 1953 c.675 �12]

�� 565.400 [Repealed by 1953 c.675 �12]

�� 565.405 [1969 c.298 �2; repealed by 2013 c.722 �8]

�� 565.410 [1969 c.298 �3; repealed by 2013 c.722 �8]

�� 565.415 [1969 c.298 �5; 1979 c. 844 �1; repealed by 2013 c.722 �8]

�� 565.420 [1969 c.298 �6; repealed by 2013 c.722 �8]

�� 565.423 [2001 c.916 �10; 2003 c.14 �351; repealed by 2005 c.777 �48]

�� 565.425 [1969 c.298 �7; repealed by 2001 c.916 �6]

�� 565.430 [1969 c.298 �8; 1993 c.18 �129; repealed by 2001 c.916 �6]

�� 565.435 [1969 c.298 �9; repealed by 2013 c.722 �8]

�� 565.440 [1969 c.298 �10; repealed by 2013 c.722 �8]

�� 565.442 [2001 c.916 �3; 2003 c.517 �4; 2003 c.794 �301; repealed by 2013 c.722 �8]

�� 565.443 [2001 c.916 �2; repealed by 2013 c.722 �8]

�� 565.445 County Fair Account. (1) The County Fair Account is established separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Department of Administrative Services.

�� (2) The account shall consist of moneys allocated under ORS 565.447.

�� (3) On the first business day of each calendar year the Oregon Department of Administrative Services shall disburse the moneys in the County Fair Account to the county fair boards in equal shares. [1969 c.298 �11; 1971 c.595 �1; 1979 c.844 �2; 1989 c.463 �1; 2001 c.916 �4; 2003 c.517 �3; 2013 c.722 �10]

�� 565.446 Legislative findings. The Legislative Assembly finds and declares that financial support of county fairs will result in economic development for areas where fairgrounds are located by promoting, expanding or preventing the decline of businesses and that the use of the net proceeds from the operation of the Oregon State Lottery to fund county fairs is an appropriate use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.540. [2001 c.811 �1]

�� Note: 565.446 and 565.447 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 565.447 Lottery proceeds allocation to County Fair Account. (1) Subject only to the availability of unobligated net lottery proceeds, there is allocated from the Administrative Services Economic Development Fund to the County Fair Account created under ORS 565.445 an amount equal to one percent of the net proceeds from the Oregon State Lottery, but not to exceed $1.53 million annually, adjusted biennially pursuant to an inflation factor determined by dividing 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, for January 1 immediately preceding commencement of the biennium, by the Consumer Price Index for All Urban Consumers of the Portland, Oregon, Standard Metropolitan Statistical Area, as compiled by the United States Department of Labor, Bureau of Labor Statistics, for January 1, 2001.

�� (2) The allocation of moneys from the Administrative Services Economic Development Fund under this section is subject to the requirements in section 4, Article XV of the Oregon Constitution, for deposit of specified amounts of the net proceeds from the Oregon State Lottery into the Education Stability Fund and into the Parks and Natural Resources Fund and shall be made only after satisfaction or payment of:

�� (a) Amounts allocated to Westside lottery bonds issued under ORS 391.140 or to the reserves or any refunding related to the Westside lottery bonds in accordance with the priority for allocation and disbursement established by ORS 391.130;

�� (b) All liens, pledges or other obligations relating to lottery bonds or refunding lottery bonds due or payable during the year for which an allocation is to be made; and

�� (c) Amounts required by any other pledges of, or liens on, net proceeds from the Oregon State Lottery. [2001 c.811 �2; 2002 s.s.2 c.4 �3; 2002 s.s.3 c.6 �19; 2003 c.14 �351a; 2019 c.57 �29]

�� Note: See note under 565.446.

�� Note: Section 10, chapter 546, Oregon Laws 2023, provides:

�� Sec. 10. (1) As used in this section:

�� (a) �County fair� and �county fairgrounds� have the meanings given those terms in ORS 565.010.

�� (b) �County fair operator� means a county fair board, fair association or fair district that operates a county fair.

�� (c)(A) �Earned revenue� means revenue from the sale of goods or services, including, but not limited to, admission tickets, charges for services, rentals, permits and fees, merchandise, food and beverages, advertising and contracted services and performances.

�� (B) �Earned revenue� does not include other sources of revenue, including, but not limited to, donations, federal, state and local governmental grants or returns on investments.

�� (d) �Fair association� has the meaning given that term in ORS 565.268.

�� (e) �Fair district� means an entity described in ORS 565.275.

�� (f) �Fair operator� means a county fair operator or the Oregon State Fair and Expo Center.

�� (g) �Oregon State Fair� has the meaning given that term in ORS 565.451.

�� (h) �State fairgrounds� means fairground properties and facilities, as defined in ORS

ORS 570.180

570.180 shall not be construed to apply to shipments of infested or infected articles mentioned in ORS 570.135.

�� 570.190 Notices; manner of service; persons authorized to make service; reputed owner considered owner. (1) All notices provided for in ORS 570.140 to 570.190 shall be served upon each owner of the infected or infested premises or chattel, or upon the owner of each, if the premises and chattel are under different ownership. Service shall be made in the following manner:

�� (a) If the owners are individuals and can with reasonable diligence be found within the county where the infested or infected premises or chattel are, notice shall be served upon one or more of the owners personally, by delivering a copy of the notice certified by the officer making the inspection.

�� (b) If the owner is a corporation, by delivery of a certified copy to the president or other head of the corporation or to a secretary, cashier or managing agent, or if none of the officers of the corporation can with reasonable diligence be found within the county:

�� (A) By delivery of a certified copy to any clerk or agent of the corporation who may with reasonable diligence be found within the county; or

�� (B) If no person described in subparagraph (A) of this paragraph is found, by mailing a certified copy to the principal office of the corporation or to any person authorized to accept legal service for the corporation.

�� (c) If the owner is a minor under the age of 14 years:

�� (A) To the minor�s father, mother or guardian; or

�� (B) If no father, mother or guardian of the minor is found within the county, then to any person:

�� (i) Having the care or control of the minor;

�� (ii) With whom the minor resides; or

�� (iii) In whose service the minor is employed.

�� (d) If the owner is a person judicially declared to be of unsound mind, or incapable of conducting the affairs of the person, and for whom a guardian has been appointed, on the guardian.

�� (e) If any owner is a resident of the county and personal service of the notice cannot, with diligence, be had, personal service may be made on some person of the family, above the age of 14 years, at the residence or usual place of abode of the owner.

�� (f) If a notice cannot with reasonable diligence be served as provided in this section, the notice shall be posted by any person qualified to make personal service of the notice in a conspicuous place on the infected or infested premises, or on the premises or conveyance containing the infected or infested chattel.

�� (2) A notice may be served by any representative of the State Department of Agriculture, or by a sheriff or deputies of the sheriff. The notice shall state the spray to be used or the treatment to be applied for the eradication of insects or other plant pests or the eggs, larvae or pupae of insects or other plant pests. The treatment may include the destruction of infested or infected articles, if destruction is necessary in the judgment of the person inspecting the articles under the authority conferred by law.

�� (3) For the purposes of ORS 570.130 to 570.190 any reputed owner shall be considered as the owner of any infected or infested premises or chattel. [Amended by 2015 c.203 �13]

�� 570.195 [Repealed by 1961 c.394 �1 (570.196 enacted in lieu of 570.195)]

�� 570.196 [1961 c.394 �2 (enacted in lieu of

ORS 586.990

586.990�� Penalties

�� 586.010 [Repealed by 1955 c.731 �34]

�� 586.020 [Repealed by 1955 c.731 �34]

�� 586.030 [Repealed by 1955 c.731 �34]

�� 586.040 [Repealed by 1955 c.731 �34]

�� 586.050 [Repealed by 1955 c.731 �34]

�� 586.060 [Repealed by 1955 c.731 �34]

�� 586.070 [Repealed by 1955 c.731 �34]

�� 586.080 [Repealed by 1955 c.731 �34]

�� 586.090 [Repealed by 1955 c.731 �34]

�� 586.100 [Repealed by 1955 c.731 �34]

�� 586.110 [Repealed by 1963 c.116 �1]

�� 586.120 [Amended by 1961 c.726 �419; repealed by 1963 c.116 �1]

�� 586.130 [Repealed by 1955 c.731 �34]

GENERAL PROVISIONS

�� 586.210 Definitions for ORS 586.210 to 586.730. As used in ORS 586.210 to 586.730, unless the context requires otherwise:

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

�� (2) �Grain� means wheat, corn, oats, barley, rye, flaxseed, soybeans, grain sorghum, dry beans and peas and any other grain for which standards are established by the state or the federal government.

�� (3) �Handling� includes receiving and loading out grain tendered for storage.

�� (4) �Public terminal warehouse� means any public warehouse located in a city of this state designated as an inspection point by the department.

�� (5) �Public warehouse� includes any elevator, mill, warehouse or other structure in which grain is received from one or more members of the public for storage or handling for compensation.

�� (6) �Warehouseman� includes any person, existing legal entity or municipality owning, operating or controlling any public warehouse. [Amended by 1955 c.731 �1; 1959 c.195 �1; 1961 c.445 �1; 1967 c.492 �1; 1969 c.190 �1; 2001 c.66 �1]

��

�� 586.220 [Repealed by 1955 c.731 �34]

PUBLIC WAREHOUSES

�� 586.225 Exemption for certain warehousing facilities. (1) The provisions of ORS 586.210 to 586.561 do not apply to any public warehouse or other facility where the owner or operator thereof only receives grain:

�� (a) The owner or operator has purchased or has agreed to purchase,

�� (b) For processing or cleaning for the owner of the grain,

�� (c) For such purposes other than storage or handling as the State Department of Agriculture may by rule prescribe,

if the records of the owner or operator include such written evidence as the department requires, furnished on or before delivery of the grain by the owner or the authorized agent of the owner, clearly showing that the grain was left or deposited for one or more of the purposes set forth in this subsection.

�� (2) Grain left or deposited with an owner or operator whose records do not clearly include the evidence showing such grain was only left or deposited for one or more purposes as required by subsection (1) of this section, must be considered by the department to be grain deposited for storage and handling pursuant to ORS 586.210 to

ORS 587.990

587.990�� Penalties

�� 587.010 Definitions. As used in this chapter, �department� means the State Department of Agriculture.

�� 587.020 Purpose of chapter. The purpose and object of this chapter is to provide the owners of grain the means of warehousing or storing their grain on farms, on or near railroad rights of way and other suitable places under proper safeguards, as a basis of farm credit on the grain so stored.

�� 587.030 State Department of Agriculture to administer and enforce chapter. The State Department of Agriculture shall manage, control and direct the operations of the provisions of this chapter and has full power to make effective the provisions of this chapter and the rules and regulations which the department prescribes to carry out the purposes and objects of this chapter.

�� 587.040 Powers of department; rules. In addition to the general powers conferred by ORS 587.030 the State Department of Agriculture has the following express powers:

�� (1) To appoint inspectors of grain.

�� (2) To make and promulgate the necessary or desirable rules and regulations, not inconsistent with this chapter, to carry out effectually the purposes of this chapter; the department may consider applicable and necessary laws and regulations of the United States and this state, particularly ORS chapter 586.

�� (3) To set up the necessary procedures to make effective the provisions of this chapter, such as the purchase of supplies, printing, stationery and equipment, and the appointing of clerical help and assistance, all of which expense shall be audited and paid as a part of the general expense of the administration of this chapter.

�� (4) To require the owner of grain to obtain and maintain insurance in such type, amount and manner, including or covering such provisions or contingencies as the department believes are reasonably necessary to protect the people of this state, the grain industry and the persons who handle grain certificates. [Amended by 1959 c.201 �1]

�� 587.050 Petition for services by department. Whenever 15 or more farmers operating farms tributary to any market center petition the State Department of Agriculture for services authorized by this chapter, the department forthwith shall provide for the method of inspection and certify all warehouse certificates for grain inspected. [Amended by 1959 c.201 �2]

�� 587.060 [Repealed by 1959 c.201 �11]

�� 587.070 [Repealed by 1959 c.201 �11]

�� 587.080 [Repealed by 1959 c.201 �11]

�� 587.090 Application for storage of grain. Any owner of grain desiring to store it shall make a written application to the State Department of Agriculture indicating where the grain is stored, the kind of structure in which stored and the encumbrance on the grain, if any. The application shall be signed and sworn to by the applicant. Whenever any grain is owned by more than one owner, the application shall be signed by all having an interest in the grain. In case such grain is mortgaged, the application for inspection shall be signed by the owner. The department in its discretion may require the mortgagee, mortgagor or any other person having an interest in the grain to sign applications or other documents required in carrying out this chapter. [Amended by 1959 c.201 �3]

�� 587.100 Making inspections; inspection certificates; issuing warehouse certificates. (1) When application is made to the State Department of Agriculture for the inspection and sealing of grain, whether upon the farm or on or near any railroad right of way, or other suitable place, the department shall, as soon as it is possible so to do, inspect the grain. If the grain and the structure in which it is stored comply with this chapter and the regulations of the department, the department shall:

�� (a) Obtain the number and description of the bags of grain or measure and obtain the cubic feet content of the grain in the bin.

�� (b) Estimate the amount of grain in storage, sample the grain to secure an average sample, so as to obtain a required amount of grain to mix and divide into two samples.

�� (c) Number the bin and the samples to correspond, seal the bin with a seal provided by the department and place on the structure a printed copy of the penalty provided by ORS 587.990 (2) for the unlawful breaking of the seal.

�� (d) Forward to its laboratory one of the samples obtained from the bin, and obtain from the laboratory inspection certificates, in triplicate, which shall be dated, numbered and shall designate the owner�s name, the number of the sample inspected, the kind of grain, and if mixed, the percentage of each kind, the dockage and, upon request, the moisture and protein content.

�� (2) As soon as inspection certificates are obtained, the department shall issue negotiable warehouse certificates in triplicate, attaching to each a copy of the inspection certificate. When approved by the department the certificates are deemed to be issued by the proper authority of the department. Any certificate issued for grain owned by more than one person, or mortgaged, shall be issued in the name of such persons, including the mortgagee.

�� (3) An authorized representative of the department may at any time enter upon the premises where any grain is stored under this chapter for the purpose of making an inspection thereof, and the acceptance of the warehouse certificate by the owner is consent to such entry and inspection. [Amended by 1959 c.201 �4]

�� 587.110 Form and contents of warehouse certificate; approval by department. The form of the warehouse certificate issued under this chapter shall be prepared and approved by the State Department of Agriculture. Every certificate must embody within its written or printed terms the following:

�� (1) The consecutive number of the certificate.

�� (2) The date of issuance of the certificate.

�� (3) A description of the structure in which the grain is stored and the legal description of the premises where stored.

�� (4) A description of the grain, giving its grade, kind, variety, dockage, the protein content and moisture content if requested, the number of bags, if any, the amount thereof to be computed from the number of bags or if in bulk the cubical measure thereof.

�� (5) The name of the owner or owners, whether ownership is sole, joint or in trust, and the conditions of such ownership, as shown by the application.

�� (6) A statement of any and all encumbrances upon the grain as reported in the application.

�� (7) A statement that the grain will be delivered at elevator or farm storage or on railroad after approved by the department; but it may be sold on track, to arrive or to be consigned at the option of the owner of the grain.

�� (8) The facsimile signature of the Director of Agriculture and the countersignature of the authorized representative of the department.

�� (9) Notation of inspection fee. [Amended by 1959 c.201 �5]

�� 587.120 Certificates to be in triplicate; disposition of original and copies. All warehouse certificates issued under this chapter shall be in triplicate. The original shall be delivered to the owner, one copy shall be retained by the State Department of Agriculture and the other copy shall be filed in the office of the county clerk of the county in which the grain is stored. Both copies of the certificate shall have plainly printed and stamped across the face thereof �Duplicate�No Value.� [Amended by 1959 c.201 �6]

�� 587.130 Filing and recording certificates. The State Department of Agriculture shall file in the office of the county clerk of the county wherein the grain is stored a copy of the warehouse certificate. The certificate shall be indexed under chattel mortgages. The filing fee shall be paid by the department and charged to the general expense of the administration of this chapter. The filing is notice that the grain described therein is pledged to the redemption of an outstanding negotiable warehouse certificate. [Amended by 1959 c.201 �7]

�� 587.140 Care by owner of stored grain; delivery to certificate holder; sale by owner. The owner of grain stored under this chapter is charged with the due care of the grain and shall exercise that degree of care and diligence which an ordinary and prudent person would exercise with regard to similar property of the person�s own. The owner shall also, upon demand of the holder of the certificate and with the approval of the State Department of Agriculture, deliver the grain to the marketplace indicated in the application without charge to the holder. No legal demand for the delivery of the grain can be made, however, upon the owner until the maturity of the obligation for which the certificate is pledged, or until the security becomes in any way impaired; but the owner of the grain in the discretion of the owner with the approval of the department may sell the grain prior to the maturity of the obligation of the owner under the certificate. [Amended by 1959 c.201 �8]

�� 587.150 Locking and sealing storage facilities; bond as waiver of. The locking up and sealing of any storage facility acceptable to the State Department of Agriculture hereby is waived, if and when the applicant has filed a warehouseman�s bond, as a guaranty to the carrying out of the provisions of this chapter. Such bond shall be passed on and approved by the department.

�� 587.160 Determination of amount of grain; warehouse certificate as evidence; owner liable for actual amount. Whenever the amount of grain certified to on the warehouse certificate has been computed by cubic measurements or by number of bags, the amount shall be deemed to be prima facie the amount of the grain, but the actual amount shall be determined by the actual weight thereof. The owner, however, is responsible and liable to the holder of the certificate, for the delivery of the amount of grain indicated on the certificate by actual weight, or the value of any shortage thereof.

�� 587.170 [Repealed by 1959 c.201 �11]

�� 587.180 [Repealed by 1959 c.201 �11]

�� 587.190 Expenses of administering chapter; disposition of inspection fees; continuing appropriation. The expenses of the administration of this chapter shall be paid by the owners of the grain, and the fee collected at the time of inspecting and sealing. The amount so paid shall be stated in the certificate. The fee for the inspection shall be established by the State Department of Agriculture on the basis of a fee for each bushel of grain stored in an amount that will reasonably reimburse the department for its costs in carrying out this chapter. The department may also make a charge for travel, overtime or other necessary expenses. All such fees shall be paid to the department and deposited with the State Treasurer in the General Fund to the credit of the Department of Agriculture Account and are continuously appropriated to carrying out this chapter. [Amended by 1959 c.201 �9]

�� 587.990 Penalties. (1) Any person who states in the application provided for in ORS 587.090 any material fact known to be false and for the purpose of misleading the State Department of Agriculture is guilty of a misdemeanor.

�� (2) Any person who, with the intent to defraud, breaks the seal of any structure in which grain is stored under this chapter is guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years. [Amended by 1959 c.201 �10]

CHAPTERS 588 TO 595

�[Reserved for expansion]

ORS 59.995

59.995. However, the Director of the Department of Consumer and Business Services shall not allow the registration of securities of a proposed domestic insurer unless the organizers of such insurer have been issued an organization permit under ORS 732.055, and have received a certificate of incorporation under ORS 732.115. [1967 c.359 �158; 1987 c.414 �162]

�� 732.130 [Amended by 1967 c.359 �670; renumbered 751.105]

�� 732.135 Soliciting subscriptions and applications. No person shall solicit subscriptions for the capital stock of, or, in the case of an insurer without capital stock, applications for insurance in, any insurer in the process of organization unless the insurer has filed the insurer�s name and address with the Director of the Department of Consumer and Business Services. [1967 c.359 �159]

�� 732.140 [Amended by 1967 c.359 �671; renumbered 751.115]

�� 732.145 Stipulations required in subscriptions and applications; disposition of subscribed funds. (1) A subscription to the capital stock of an insurer in the process of organization must contain a stipulation that no sum shall be used for commission, promotion or organization expenses in excess of a stated percent of the amount paid upon the subscription. This stated amount may not exceed 15 percent.

�� (2) Sums paid by subscribers and applicants must be deposited under an escrow agreement approved by the Director of the Department of Consumer and Business Services in a bank, trust company or savings association in the state until the insurer has procured a certificate of authority from the director.

�� (3) Every subscription for stock or every application for insurance in an insurer made prior to the insurer�s receipt of a certificate of authority must contain a stipulation that the money, securities or evidences of debt advanced by the subscriber or applicant must be returned to the subscriber or applicant without deduction in case the insurer fails to complete the insurer�s organization or procure the insurer�s certificate of authority or issue the policy applied for. [1967 c.359 �160; 2009 c.541 �48]

�� 732.150 [Amended by 1967 c.359 �672; renumbered 751.125]

�� 732.155 Organization to be completed within two years; policies to be issued within one year of certification. (1) If the Director of the Department of Consumer and Business Services finds that any domestic insurer has not completed its organization and qualified for a certificate of authority within two years from the date of filing its articles of incorporation, the director may order the application abandoned and close the files in which event its corporate powers shall expire and the director shall proceed as for an impaired insurer.

�� (2) If any domestic insurer does not commence to issue policies within one year from the date of receiving its certificate of authority, the director shall proceed as for an impaired insurer. [1967 c.359 �161]

�� 732.160 [Amended by 1967 c.359 �673; renumbered 751.135]

�� 732.165 Liability of directors and incorporators. The directors, incorporators, and organizers of any insurer organized under the Insurance Code and those entitled to participation in the profits of such insurer shall be jointly and severally liable for all debts or liabilities of such insurer until it has received a certificate of authority. [1967 c.359 �162]

�� 732.175 Liability for acting as corporate insurer without authority. Any person who assumes to act as a corporate insurer without a permit to organize and without the issuance of a certificate of incorporation by the Director of the Department of Consumer and Business Services or who assumes to transact insurance business without a certificate of authority to transact such business issued by the director shall be jointly and severally liable for all liabilities created while so acting. [1967 c.359 �163; 1981 c.633 �80; 1987 c.846 �5]

CORPORATE PROCEDURES GENERALLY

�� 732.205 General powers of insurers. Except as otherwise provided in the Insurance Code or the articles of incorporation of an insurer, a domestic insurer shall have:

�� (1) The general and emergency powers granted to corporations by ORS 60.077 and 60.081;

�� (2) The powers granted to insurers by the Insurance Code; and

�� (3) All powers necessary or convenient to effect any or all of the purposes for which the corporation is organized or to perform any or all of the acts expressly or impliedly authorized or required under the Insurance Code. [1967 c.359 �164; 1987 c.846 �6]

�� 732.210 Assertion of lack of capacity or power. The provision of ORS 60.084 shall not affect the right of any policyholder of a domestic insurer or the Director of the Department of Consumer and Business Services from asserting the lack of capacity or power of an insurer, by reason of any provision of the Insurance Code, to do any act or make any conveyance or transfer of real or personal property. [1967 c.359 �165; 1987 c.846 �7]

�� 732.215 Management contracts prohibited. No domestic insurer shall make any contract whereby any person is granted or is to enjoy in fact the management of the insurer to the substantial exclusion of its board of directors or other governing body. [1967 c.359 �166]

�� 732.220 Exclusive agency contracts. (1) No domestic insurer shall make any contract whereby any person is granted or is to enjoy in fact the controlling or preemptive right to produce substantially all insurance business for the insurer, unless the contract is filed with and approved by the Director of the Department of Consumer and Business Services. The contract filed with the director shall be accompanied by such application for approval as the director by rule may consider reasonably appropriate to the purposes of this section. The contract shall be deemed approved unless disapproved by the director within 20 days after date of filing, subject to such reasonable extension of time as the director may require by notice given within such 20 days. Notice of any disapproval shall be delivered to the insurer in writing, stating the grounds therefor.

�� (2) Any such contract shall provide that any such producer of an insurer�s business shall within 90 days after expiration of each calendar year furnish the insurer�s board of directors or other governing body a written statement of:

�� (a) Amounts received under or on account of the contract and amounts expended thereunder during such calendar year, including the emoluments received therefrom by the respective directors, trustees, officers, and other principal management personnel of the producer;

�� (b) Amounts paid by the producer during such calendar year, for any purpose, to any director, trustee, officer, agent or employee of the insurer or to any person who is directly or indirectly the beneficial owner of more than 10 percent of any class of any equity security of the insurer; and

�� (c) Such classification of items and further detail as the insurer�s board of directors or other governing body may reasonably require.

�� (3) The director shall disapprove any such contract if, taking into account the customary and prevailing practices of the insurance business and such opportunities for abuse as may be apparent in any conflicts of interest revealed by the contract or application, the director finds that such contract:

�� (a) Subjects the insurer to charges that are disproportionate to those that the insurer might reasonably be expected to incur under alternative arrangements for the production of the insurer�s business;

�� (b) Is to extend for an unreasonable length of time, taking into account the incentives reasonably necessary to induce the producer to undertake the contract, the prospect of changes which are reasonably likely to render the contract unfavorable to the insurer and such other factors as the director reasonably considers appropriate;

�� (c) Does not contain fair and adequate standards of performance; or

�� (d) Contains other inequitable provision or provisions which impair the proper interests of stockholders, policyholders, members or subscribers of the insurer.

�� (4) The director may, after a hearing held thereon, withdraw approval of any such contract theretofore approved by the director, if the director finds that the bases of the original approval no longer exist, or that the contract has, in actual operation, shown itself to be subject to disapproval on any of the grounds referred to in subsection (3) of this section.

�� (5) This section does not apply as to any contract entered into prior to June 8, 1967, nor to any extension or amendment to such contract to the extent that such extension or amendment may be effected merely by notice and without further consideration. [1967 c.359 �167]

�� 732.225 Impairment of required capitalization prohibited; rules. No domestic insurer shall reduce its combined capital and surplus by partial distribution of its assets, by payment in the form of a dividend to stockholders or otherwise, below:

�� (1) Its required capitalization; or

�� (2) A greater amount which the Director of the Department of Consumer and Business Services, by rule or by order after hearing upon the motion of the director or the petition of any interested person, finds necessary to avoid injury or prejudice to the interest of policyholders or creditors. [1967 c.359 �168]

�� 732.230 Order to cure impairment; confidentiality of order. (1) Whenever the Director of the Department of Consumer and Business Services determines from any showing or statement made to the director or from any examination made by the director that the assets of a domestic insurer are less than its liabilities plus required capitalization, the director may proceed immediately under the provisions of ORS chapter 734 or the director may allow the insurer a period of time, not to exceed 90 days, in which to make good the amount of the impairment with cash or authorized investments.

�� (2) If the amount of any such impairment is not made good within the time prescribed by the director under subsection (1) of this section, the director shall proceed under the provisions of ORS chapter 734.

�� (3) An order directing an insurer to cure an impairment is confidential as provided in ORS

ORS 601.080

601.080 shall transport bodies, carcasses or parts of animals to their establishments in a covered wagon, truck bed or tank which is watertight and so constructed that no drippings or seepings can escape therefrom. Such wagon, truck bed or tank shall be so constructed as to conform to the rules and regulations that may be established by the State Department of Agriculture. The bodies, carcasses or parts of animals shall not be removed from such wagon, truck bed or tank except at the place of final disposition.

�� (2) However, any person licensed under ORS 601.050 or 601.080 may, for the purpose of securing economy of handling and transportation, establish a refrigerated assembly plant where whole bodies of dead animals or their carcasses or parts may be placed in storage pending the assembly of an economical quantity for transportation to the central plant. Such assembly plant shall conform to such regulations by the department as shall keep it in sanitary condition. Each such assembly plant shall be subject to an annual license fee of $10.

�� (3) Whole bodies of dead animals, the condition of which has not become obnoxious to human senses, and which cannot be placed in an ordinary wagon, truck bed or tank as described in subsection (1) of this section, may be transported in an open wagon or truck. In such case the body shall be suitably covered and concealed.

�� (4) In the case of transporting offal or parts of bodies from slaughterhouses or other places, the containers in which they are transported must have tight covers and be kept in a sanitary condition.

�� 601.110 Inspection of place of business or conveyance. The State Department of Agriculture shall cause one or more of its officers, employees or deputies to inspect, as often as it may deem advisable, each place or conveyance licensed under ORS 601.050 or 601.080. However, each such place for disposal shall be inspected at least once during each license year. For the purpose of making such inspection, every authorized officer, employee and deputy of the department shall have free access to all premises licensed under such sections.

�� 601.120 Department to administer and enforce disposal provisions; rules and regulations. The State Department of Agriculture shall administer and enforce ORS 601.010 to

ORS 616.535

616.535]

�� 632.485 Enforcement; entry and inspection; seizure. (1) The director and all authorized agents of the State Department of Agriculture shall enforce ORS 632.450 to 632.485 and to that end may enter any place or conveyance within this state where any fruit, nuts or vegetables are produced, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold, and inspect all such fruit, nuts or vegetables and the containers thereof and take for inspection such representative samples of the fruit, nuts or vegetables and such containers, as may be necessary, to determine whether or not ORS 632.450 to 632.485 have been violated.

�� (2) Whenever a duly authorized representative of the department finds, or has probable cause to believe, that any products are marked, labeled or packed in violation of ORS

ORS 618.995

618.995�� Civil penalties

GENERAL PROVISIONS

�� 618.010 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Advertising� or �advertisement� means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or similar devices, for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.

�� (2) �Commercial� or �commercially used� means any application or use in connection with or related to transactions in which, in exchange for commodities received or services rendered, consideration is given in terms of currency, negotiable instruments, credit, merchandise or any other thing of value.

�� (3) �Commodity� means any merchandise, product or substance produced or distributed for sale to, or use by, others.

�� (4) �Commodity in bulk form� means any quantity of a commodity that is not a commodity in package form.

�� (5) �Commodity in package form� means any quantity of a commodity put up or packaged in any manner in advance of sale, in units suitable for either wholesale or retail sale by weight, volume, measure or count, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of ORS 618.010 to 618.246. An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, is a commodity in package form.

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

�� (7) �Director� means the Director of Agriculture.

�� (8) �Inspector� means any state officer or employee designated by the director as a supervisor of, or an inspector of, weights and measures.

�� (9) �Intrastate commerce� means any and all commerce or trade begun, carried on and completed wholly within the limits of this state.

�� (10) �Introduced into intrastate commerce� means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

�� (11) �Liquid-fuel measuring device� means any meter, pump, tank, gage or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.

�� (12) �National Institute of Standards and Technology� means the National Institute of Standards and Technology of the Department of Commerce of the United States.

�� (13) �Sale� and �sell� include barter and exchange.

�� (14) �Security seal� means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

�� (15) �Vehicle� means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock.

�� (16) �Weighing device� means any scale, balance or apparatus used for gravimetrically determining the quantity of any commodity on a discrete or continuous basis.

�� (17) �Weights and measures� means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. However, �weights and measures� does not include meters for the measurement of electricity, gas or water when operated in a system of a public utility, as that term is defined in ORS

ORS 622.320

622.320. The heirs, successors, assignees and lessees of those plats are entitled to continued possession of such plats by compliance with ORS 622.210 to 622.300 and 622.320.

�� (2) A person proposing to sell, lease, assign, convey, relinquish or otherwise transfer an oyster plantation claim or a plat for the cultivation of oysters, clams or mussels shall provide the State Department of Agriculture notice of such transaction within 30 days of the effective date of the transaction.

�� (3) The filing of such a notice, if other than a relinquishment, shall be accompanied by a claim or plat certificate reissuance fee of $100 for each affected claim or plat.

�� (4) The failure to provide the notice required by subsection (2) of this section shall result in the department holding the lessor of record of the claim or plat responsible for compliance with the provisions of ORS 622.210 to 622.360 and all provisions of the lease grant certificate. [Formerly 509.495; 1997 c.375 �9]

�� 622.350 Prior claims, plats, transfers or debts unaffected. Nothing in ORS 622.340 invalidates any claim or plat filed prior to June 14, 1939, or invalidates in any manner any transfers, debts or conveyances made prior to June 14, 1939, of oyster claims or lands made by reference to any filed claims or plats. [Formerly 509.500]

�� 622.360 Cultivation does not affect ocean shore activities. Nothing in ORS 622.210, 622.220,

ORS 633.005

633.005 [1961 c.314 �1; repealed by 1967 c.591 �1 (633.006 enacted in lieu of 633.005)]

COMMERCIAL ANIMAL FEEDS

�� 633.006 Definitions for ORS 633.006 to 633.089. As used in ORS 633.006 to 633.089, unless the context requires otherwise:

�� (1) �Animal feed manufacturing plant� means:

�� (a) Any business, establishment, building, plant or place where commercial feed for animals is manufactured, mixed, processed or packed.

�� (b) Vehicles used in transporting commercial feed or feed ingredients, machinery, equipment, utensils, implements, or other items, articles or materials used in the business or operation.

�� (c) The ground upon which the operation or business is carried out and other ground not adjacent thereto that is a part of the business or operation under the same entity or ownership.

�� (2) �Brand� means any word, name, symbol or device or any combination thereof identifying and distinguishing the commercial feed of a distributor from the feed of other distributors.

�� (3) �Bulk� is the sale, offering or exposing for sale or delivery of commercial feeds, in:

�� (a) Open containers, closed or open tote boxes, closed or open tanks, closed or open trailers, all of which may be further described or defined by the State Department of Agriculture; or

�� (b) Other types of containers, vehicles or conveyances defined or recognized by the department.

�� (4) �Commercial feed�:

�� (a) Except as provided in paragraph (b) of this subsection, means any material that is distributed for use as feed, or as a feed ingredient for mixing in feed for animals, or any feed additive concentrate, feed additive supplement, feed additive premix, or premix.

�� (b) Except as used in ORS 633.045, 633.055, 633.065, 633.067, 633.077 and 633.088, does not include:

�� (A) Unmixed seeds, whole or processed, that are made directly from the entire seed and are not used to manufacture wild bird feed.

�� (B) Hay, straw, stover, cobs, husks, screenings and hulls, when unground or unmixed with other materials.

�� (C) Feed for dogs, cats, birds or fish maintained as household pets.

�� (D) Silage, or materials containing at least 60 percent water.

�� (E) Individual chemical compounds not mixed with other materials. This exemption, however, does not cover or extend to phosphate, urea or ammonium compounds that are recommended for animal feeding purposes.

�� (5) �Contract feeder� means an independent contractor or other person who feeds commercial feed to another person�s animals pursuant to an oral or written agreement whereby the commercial feed is distributed to the contractor or other person by any distributor and whereby the contractor or other person�s remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of animals produced. �Contract feeder� does not include a bona fide employee of a manufacturer or distributor of commercial feed.

�� (6) �Custom mixed feed� means any commercial feed, each lot of which is mixed according to the specific instructions of, or prescribed for the specific use of, the final consumer.

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

�� (8) �Distribute� means to offer for sale, sell or barter commercial feed or to supply, furnish or otherwise provide commercial feed to a contract feeder.

�� (9) �Distributor� means a person who distributes commercial feed.

�� (10) �Drug� means any substance:

�� (a) Intended or represented for the cure, mitigation, treatment or prevention of disease of animals;

�� (b) Intended to affect the structure of any function of the body of an animal; or

�� (c) So defined by rule of the department.

�� (11) �Feed� means raw materials, ingredients and final products:

�� (a) Consumed by, or intended for consumption by, animals but not by humans; and

�� (b) Contributing to nutrition, affecting aroma or taste or having a technical effect on the consumed material.

�� (12) �Feed ingredient� means each of the constituent materials making up a commercial feed.

�� (13) �Final consumer� means a person that feeds animals that are under the control or ownership of that person.

�� (14) �Ground� means a condition resulting from crushing, rolling, chopping or grinding.

�� (15) �Label� means a display of written, printed or graphic matter placed on or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.

�� (16) �Manufacture� means to grind, chop, crush, roll, cube, flake, extrude, cook, pelletize, mix or otherwise process feed ingredients.

�� (17) �Mineral feed� means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients.

�� (18) �Official sample� means any sample of feed taken by the department and designated as �official� by the department.

�� (19) �Percent� or �percentage� means percentage by weight.

�� (20) �Sell� or �sale� includes exchange.

�� (21) �Wild bird feed� means a commercial feed marketed for noncaptive undomesticated avians. [1967 c.591 �2 (enacted in lieu of 633.005); 1973 c.342 �2; 1979 c.116 �1; 1995 c.79 �322; 2001 c.137 �4; 2007 c.282 �1; 2017 c.303 �2]

�� 633.010 [Repealed by 1961 c.314 �12]

�� 633.011 [1967 c.591 �10; repealed by 1971 c.489 �11]

�� 633.015 Registration of commercial feed required; rules; exemption; fee. (1) A person may not distribute a nonregistered commercial feed. Except as provided in subsections (2), (5) and (6) of this section, every brand, and each formula or formulation thereof, of commercial feeds manufactured, compounded, delivered or distributed in this state must be registered with the State Department of Agriculture. The distributor must submit an application for registration on forms furnished by the department. If the department so requests, the distributor must submit the label or a facsimile of the label and other printed matter describing the product. Upon approval by the department, a certificate of registration shall be furnished to the distributor. All registrations expire on December 31 of each year or on such date as may be specified by department rule. The application must include the information required by ORS 633.026 (1)(a) to (f) and such other information as the department may require.

�� (2) A distributor is not required to register any brand of commercial feed that has been registered under ORS 633.006 to 633.089 by another person.

�� (3) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted, if there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.

�� (4) The department may refuse registration of any commercial feed if the application is not in compliance with the provisions of ORS 633.006 to 633.089. The department may cancel any registration subsequently found not to be in compliance with any provision of ORS 633.006 to 633.089. The department shall give the registrant reasonable opportunity to be heard before the department and to amend the application in order to comply with the requirements of ORS 633.006 to 633.089.

�� (5) Custom mixed feeds are exempt from registration.

�� (6) Wild bird feed consisting of unmixed seeds is exempt from registration.

�� (7) Each application for registration must be accompanied by a fee to be established by the department not to exceed $60 for each formula or formulation of commercial feed under each brand. [1961 c.314 �2; 1967 c.591 �3; 1971 c.489 �1; 2001 c.137 �5; 2007 c.71 �192; 2007 c.282 �2; 2007 c.768 �36; 2021 c.565 �1]

�� 633.020 [Repealed by 1961 c.314 �12]

�� 633.025 [1961 c.314 �3; 1967 c.591 �3a; 1971 c.489 �2; 1979 c.116 �2; repealed by 2001 c.137 �9]

�� 633.026 Labeling requirements for commercial feed; exemptions; rules. (1) Except as provided in subsection (3) of this section, commercial feed must have a label bearing the following information:

�� (a) The product name and the brand name, if any, under which the feed is distributed.

�� (b) The guaranteed analysis stated in such terms as the State Department of Agriculture, by rule, determines are required to advise the user of the composition of the feed or to support claims made in the labeling. The substances or elements of the feed must be determinable by laboratory methods approved by department rule. In approving laboratory methods, the department may consider methods listed in publications of AOAC International, formerly the Association of Official Analytical Chemists.

�� (c) The common or usual name of each ingredient used in the manufacture of the feed. The department, by rule, may permit the use of a collective term for a group of ingredients that perform a similar function. The department, by rule, may exempt a commercial feed or any group of feeds from the ingredient statement requirement if the department determines that a statement is not required to protect the interests of consumers.

�� (d) Adequate directions for use if the feed contains drugs or if the department, by rule, determines that directions are necessary for safe and effective use.

�� (e) Precautionary statements that the department, by rule, determines to be necessary for safe and effective use of the feed.

�� (f) The name and principal mailing address of the manufacturer or the distributor.

�� (g) A quantity statement.

�� (2) A person that distributes commercial feed in bags or other containers shall ensure that the label required by this section is placed on or affixed to the container. If the feed is distributed in bulk, the distributor shall ensure that the label accompanies the delivery and is furnished to the purchaser upon delivery.

�� (3) Subsections (1) and (2) of this section do not apply to:

�� (a) Custom mixed feed.

�� (b) Wild bird feed consisting of unmixed seeds.

�� (c) A commercial feed that does not contain a drug and is distributed by filling, in the presence of the purchaser, from retail bins or other retail bulk display containers that are labeled as required under this section. [2001 c.137 �2; 2007 c.282 �3]

�� 633.027 [1967 c.591 �9; repealed by 2001 c.137 �9]

�� 633.028 Information required to accompany custom mixed feed; rules; records. (1) A custom mixed feed delivered to a final consumer must be accompanied by at least one label, invoice, delivery slip or other shipping document that bears all of the following information:

�� (a) The name and principal mailing address of the manufacturer.

�� (b) The name and address of the final consumer.

�� (c) The date of delivery.

�� (d) The quantity delivered.

�� (e) Adequate directions for use if the custom mixed feed contains drugs or if the State Department of Agriculture, by rule, determines that directions are necessary for safe and effective use of the feed.

�� (2) If the custom mixed feed contains drugs, the label, invoice, delivery slip or other shipping document referred to in subsection (1) of this section must bear the following information in addition to the information required under subsection (1) of this section:

�� (a) A statement of the claimed purpose of the drugs;

�� (b) The established name of each active drug ingredient; and

�� (c) The level of each drug used in the final mixture.

�� (3) If a custom mixed feed is delivered to a final consumer in bags or other containers, each container must be labeled with the name of the final consumer or with the order number. If a custom mixed feed is delivered in bulk, the name of the final consumer or the order number must be printed on each delivery ticket or on a label attached to each delivery ticket.

�� (4) A person that distributes a custom mixed feed to a final consumer shall ensure that all labels, invoices, delivery tickets or other shipping documents required by this section accompany the custom mixed feed.

�� (5) Upon request, a distributor shall provide a final consumer with the information required by this section, including but not limited to the name and number of pounds of each ingredient or commercial feed used in the custom mixed feed. A seller shall maintain records adequate to derive the information required by this subsection for two years from the date of sale. The department may inspect records required under this subsection and any unsold quantities of custom mixed feed during the seller�s regular business hours. [2001 c.137 �3]

�� 633.029 License required for animal feed manufacturers and distributors; fee; exemption; rules. (1)(a) A person may not operate an animal feed manufacturing plant, distribute commercial feeds other than at retail, be furnished a certificate of registration of a brand in this state, distribute a custom mixed feed manufactured for that person, or repackage or relabel a commercial feed manufactured by another person without having first obtained a license from the State Department of Agriculture. Application for license must be on forms prescribed by the department and must be accompanied by a license fee established by the department, not to exceed $1,000. All licenses shall expire on December 31 of each year or on such date as may be specified by department rule.

�� (b) In accordance with the provisions of ORS chapter 183, the department may promulgate rules designating different license fees for various categories of persons described in paragraph (a) of this subsection, so as to recognize differences in types of activities or volumes of business.

�� (2)(a) A contract feeder is not subject to the provisions of subsection (1) of this section, provided no drugs in any form are utilized in the manufacturing, mixing or processing of the feed. In the event drugs are so utilized, the contract feeder or other person utilizing the drugs is subject to the provisions of subsection (1) of this section.

�� (b) In accordance with the applicable provisions of ORS chapter 183, the department shall promulgate rules designating the types or categories of persons described in paragraph (a) of this subsection to whom this section applies. In promulgating such rules, the department shall consider:

�� (A) The methods of manufacture, mixing or processing of feed used;

�� (B) The quantities and kinds of drugs used; and

�� (C) The number, ages and kinds of animals to which the feed is to be made available. [1971 c.489 �7; 1973 c.342 �3; 1979 c.116 �3; 2001 c.137 �6; 2007 c.768 �37; 2021 c.565 �2]

�� 633.030 [Repealed by 1961 c.314 �12]

�� 633.031 [1967 c.591 ��6,13(2); repealed by 1971 c.489 �11]

�� 633.035 [1961 c.314 �4; repealed by 1967 c.591 �14]

�� 633.037 Records required of licensees; records inspection by department. A person or contract feeder who manufactures, mixes or processes feeds in which drugs have been used so that the person or contract feeder is not exempt from the provisions of ORS 633.029, shall maintain an accurate record for at least one year from the date the drugs were so used showing the name or identity of each drug so used and its level of usage. The State Department of Agriculture is authorized to inspect the records of such persons to insure compliance with ORS 633.029 and this section. [1967 c.591 �6a; 1973 c.342 �1]

�� 633.040 [Repealed by 1961 c.314 �12]

�� 633.045 Adulterated commercial feeds prohibited; rules. A person may not distribute an adulterated commercial feed. A commercial feed is adulterated:

�� (1) If any poisonous, deleterious or nonnutritive ingredient is present in the feed in sufficient amount to render the feed injurious to health when fed in accordance with directions for use shown on the label.

�� (2) If any valuable constituent has been in whole or in part omitted or abstracted from the feed or any less valuable substance substituted for a valuable constituent.

�� (3) If the composition or quality of the feed falls below or differs from the composition or quality purported or represented on the feed labeling.

�� (4) If the feed contains added hulls, screenings, refuse screenings, straw, cobs or other high fiber material, unless the name of each material is stated on the label.

�� (5) If the feed contains pesticide residues or other chemicals in excess of amounts that, by rule, the State Department of Agriculture declares safe for feeding purposes. In adopting rules under this subsection the department may take into consideration the commonly permitted amounts of chemicals authorized by:

�� (a) The United States and other states.

�� (b) Other recognized agencies or organizations experienced in the chemical field.

�� (6) If the feed contains a drug other than those permitted by rules adopted by the department. In adopting rules under this subsection, the department shall consider the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act.

�� (7) If the feed is wild bird feed and contains viable noxious weed seeds in excess of amounts established by the department by rule. [1961 c.314 �5; 1971 c.489 �3; 2007 c.282 �4]

�� 633.050 [Repealed by 1961 c.314 �12]

�� 633.055 Misbranding commercial feed prohibited; rules. A person may not distribute misbranded commercial feed. A commercial feed is misbranded:

�� (1) If its labeling is false or misleading in any particular.

�� (2) If it is distributed under the name of another feed.

�� (3) If it is not labeled as required by ORS 633.026 and by rules adopted pursuant to ORS 633.006 to 633.089.

�� (4) If it purports to be or is represented as a feed ingredient or as containing a feed ingredient, unless that feed ingredient conforms to the definition of identity, if any, prescribed by rule of the State Department of Agriculture. In adopting rules under this subsection, the department may take into consideration the commonly accepted definitions approved or authorized by:

�� (a) The United States and other states.

�� (b) Other recognized agencies or organizations experienced in such matters, such as the Association of American Feed Control Officials.

�� (5) If any word, statement or other information required by ORS 633.006 to 633.089 or by rule of the department to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [1961 c.314 �6; 2001 c.137 �7; 2007 c.71 �193]

�� 633.060 [Amended by 1961 c.425 �17; repealed by 1961 c.314 �12]

�� 633.065 Department to test commercial feeds. (1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in compliance with the provisions of ORS 633.006 to 633.089. The department is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours, in order to have access to commercial feeds and to records relating to their distribution.

�� (2) The methods of sampling and analysis shall be those adopted by the department. In adopting such methods, the department may take into consideration:

�� (a) The methods scientifically developed and described in recognized official publications such as the Journal of the Association of Official Agricultural Chemists.

�� (b) The methods approved by the United States, other states and other recognized agencies or organizations experienced in such matters.

�� (3) In determining for administrative purposes whether or not a commercial feed is deficient in any component, the department shall be guided solely by the official sample as defined in ORS 633.006 and obtained and analyzed as provided by subsection (2) of this section.

�� (4) When inspection and analysis of an official sample indicate that a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the department to the registrant. Upon request, within 30 days, the department shall furnish to the registrant a portion of the sample analyzed.

�� (5) The department may take investigational samples that may be examined otherwise than by the official method required by this section. For administrative purposes, only samples taken as directed by subsection (3) of this section may be used. [1961 c.314 �7; 1967 c.591 �4; 2001 c.104 �247; 2001 c.137 �8; 2007 c.71 �194]

�� 633.067 Commercial feed law administration and enforcement; rules. The State Department of Agriculture may promulgate such rules and regulations for commercial feeds as are necessary for the administration and enforcement of ORS 633.006 to 633.089 and 633.992, including but not limited to additional definitions, licensing requirements, registration and license fee requirements, labeling requirements, inspection and enforcement procedures, testing and analysis procedures, and enforcement of federal commercial feed programs under agreement with federal agencies. [1971 c.489 �6]

�� 633.070 [Repealed by 1961 c.314 �12]

�� 633.075 [1961 c.314 ��8,9; part renumbered

ORS 633.511

633.511 to 633.750 and 633.996, the Director of Agriculture, deputies of the director, inspectors or samplers may:

�� (a) Enter during regular business hours any store, warehouse, mill, cleaning or storage place, depot or other structure, freight car or other vehicle, in which agricultural, flower or vegetable seeds are being sold or offered for sale, stored, handled or transported.

�� (b) Either alone or in the presence of a representative or employee of the person whose premises are so entered, examine and inspect any agricultural, flower or vegetable seeds being possessed, sold, offered or exposed for sale for planting purposes, in this state, for their compliance with those sections.

�� (c) Draw or cause to be drawn a representative sample of any lot of such seed for official testing and analysis or, in the case of individually packaged seeds, select a number of such packages as a representative sample.

�� (d) Examine any records or documents pertaining to any seed being sold or offered for sale, or records pertaining to any seed that has previously been sold or any other records involved in seed dealings.

�� (2) Any sample so drawn may represent any lot, or portion of such lot, of such seed that shall be divided, at the request of the owner or person in charge, into two approximately duplicate samples, each of which shall be properly identified, labeled and sealed in accordance with the rules and regulations adopted under ORS 633.680. One of the samples shall be transmitted to the agricultural experiment station seed laboratory at Oregon State University for official testing for regulatory purposes. The other sample shall be tendered to the representative of the organization from whose structure or vehicle the sample was taken.

�� (3) The director may seize any container of agricultural, flower or vegetable seed possessed, sold, offered or exposed for sale for planting purposes in this state that appears to be in violation of any of the provisions of ORS 633.511 to 633.750, and proceed in the manner directed by law for the disposal of products seized by the State Department of Agriculture.

�� (4) Any sample taken under those sections, and the report showing the results of the official test made on any such sample, shall be prima facie evidence in any court in this state of the true condition of the entire lot, in the examination of which the sample was taken.

�� (5) A copy of the result of any such test shall be mailed to the person or authorized representative, if known, owning, possessing or holding the seed from which the sample was drawn.

�� (6) The director may cause to be published in the official paper or bulletin of the department a report of all seed inspection work done for regulatory purposes and shall indicate in the report:

�� (a) The name and address of each person whose seed was inspected.

�� (b) The total number of such inspections.

�� (c) The number and kind of seeds of which samples were inspected and tested.

�� (d) The number or a list of samples complying with ORS 633.511 to 633.750.

�� (e) A detailed list showing kinds of seed and the nature of violations of any of the provisions of those sections as found in the inspection and testing of any such seeds belonging to any such person. [Amended by 1955 c.379 �14; 1995 c.371 �7; 2003 c.14 �385; 2007 c.281 �13]

�� 633.680 Establishment of standards of germination; rules and regulations; fees and charges. (1) The Director of Agriculture shall establish standards of germination for vegetable seed, and shall make reasonable rules and regulations necessary to effectuate the purpose of ORS 633.511 to 633.750 and 633.996, covering:

�� (a) Licensing, suspension, reinstatement and revocation of licenses, which rules and regulations shall conform to the law governing suspension, refusal or revocation of licenses by the State Department of Agriculture.

�� (b) Regulatory and official sampling.

�� (c) Labeling of seeds, including such additional information as may be required in order to maintain uniformity with the laws and regulations of the federal government or of other states.

�� (d) Quarantining, which rules and regulations shall conform to the law for establishment of quarantines by the State Department of Agriculture.

�� (e) Seizure, treatment and disposition of seeds from outside this state.

�� (f) Seizure of seeds.

�� (g) Changes in the list of prohibited noxious weed seeds and in the list of restricted noxious weed seeds.

�� (h) Tolerances for differences between the contents of a container of agricultural, flower or vegetable seed and the label thereon.

�� (i) The types of records and the procedures for handling forms and records that must be kept by seed dealers and seed conditioners.

�� (j) The identity of varieties of agricultural seed required by ORS 633.520.

�� (k) The variations in time provided for in ORS 633.651.

�� (L) The use and labeling of hermetically sealed or other types of containers or conveyances involving seeds.

�� (m) The type of analysis tests that must be conducted to develop information used in preparing seed labels or tags.

�� (2) The director may adopt rules establishing standards for forms used in reporting analysis of seed.

�� (3) The director may establish fees and charges for official sampling, applied for by the owner, at an amount sufficient to cover the cost. The director may also establish reasonable charges covering issuance of permits, and the treatment and disposition of seeds seized and held under quarantine. However, in any case where the service involved is in such location or under such circumstances that the usual fees or charges are insufficient to cover the expense, the director may make additional charges to avoid loss to this state. [Amended by 1955 c.379 �17; 1969 c.132 �6; 1995 c.371 �8; 2011 c.356 �15]

�� 633.690 Quarantine of seed entering state; disposition of nonconforming seed. (1) The director may place a quarantine on all agricultural, flower or vegetable seed entering this state from any outside source. However, seed labeled in accordance with ORS 633.520,

ORS 646.656

646.656, in addition to other sanctions provided by law. [Formerly 94.384; 2019 c.69 �30]

�� 100.710 Inspection deposit. When an on-site inspection under ORS 100.700 is to be made of a condominium situated in the State of Oregon, or situated outside the state which will be offered for sale within this state, the Real Estate Commissioner, in addition to the fee provided in ORS 100.670, may require the developer to advance a deposit. Such deposits shall not exceed $200 per day for making the on-site inspection. Any unexpended portion of the deposit shall be refunded to the developer. [Formerly 94.391]

REQUIREMENTS FOR SALE

�� 100.720 Conditions prerequisite to sale. (1) No condominium unit shall be sold by a developer by means of a land sale contract unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow:

�� (a) A copy of the title report or abstract, as it relates to the property being sold.

�� (b) The original sales document or a true copy thereof relating to the purchase of the condominium unit.

�� (c) A commitment to give a partial release for the condominium unit being sold from the terms and provisions of any blanket encumbrance. The commitment shall be in a form satisfactory to the Real Estate Commissioner.

�� (d) A document in good and sufficient form transferring the interest purchased.

�� (2) The developer shall submit written authorization allowing the commissioner to inspect all escrow deposits established pursuant to subsection (1) of this section.

�� (3) In lieu of the procedures provided in subsection (1) of this section, the developer shall conform to such alternative requirement or method which the commissioner may deem acceptable to carry into effect the intent and provisions of this section. [Formerly 94.400]

�� 100.725 Documents prerequisite to execution of sale agreement and conveyance of unit. (1) Before the unit sales agreement is fully executed by all parties, the developer shall deliver to the purchaser a copy of the declaration and bylaws of the condominium and any supplements and amendments thereto affecting the unit.

�� (2) When the unit sales agreement is fully executed by all parties, the developer shall deliver to the purchaser a copy of the fully executed agreement which contains the �Notice to Purchaser� required by ORS 100.740.

�� (3) The developer shall deliver to the purchaser prior to the conveyance of the unit by deed, lease or contract any ground leases, leases with the association for recreation or parking facilities and escrow instructions applying to the transaction.

�� (4) The developer shall take a receipt from the purchaser upon the delivery of the documents referred to in subsection (1) of this section, and such receipts shall be kept on file within this state by the developer or the agent of the developer subject to inspection by the Real Estate Commissioner for a period of three years from the date the receipt is taken. [Formerly 94.406]

�� 100.730 Cancellation of sale of unit; notice to seller; return of payments and reconveyance; extinguishment of encumbrances; waiver prohibited; disclaimer of notice; applicability. (1) A purchaser of a condominium unit may cancel for any reason the sale of a condominium unit from a developer or any contract, agreement or evidence of indebtedness associated with the sale of the condominium unit, within five business days (excluding Saturdays and holidays) after the date on which the latest of the following events occurs:

�� (a) The signing by the purchaser of the unit sales agreement;

�� (b) The signing by the purchaser of the receipt required under ORS 100.705 (2) upon the delivery of the disclosure statement, if any; or

�� (c) The signing by the purchaser of the receipt required under ORS 100.725 (4) upon delivery of a copy of the documents specified in ORS 100.725 (1).

�� (2) Cancellation, under subsection (1) of this section, occurs when the purchaser of an interest gives written notice to the developer at the developer�s address stated in the notice to purchaser required under ORS 100.740 (1).

�� (3) A notice of cancellation given by a purchaser of a condominium unit need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the purchaser not to be bound by the contract or evidence of indebtedness.

�� (4) Notice of cancellation, if given by mail, shall be given by certified mail, return receipt requested, and is effective on the date that such notice is deposited with the United States Postal Service, properly addressed and postage prepaid.

�� (5) Upon receipt of a timely notice of cancellation, the developer shall immediately return to the purchaser all payments received from the purchaser. In case of payments made by check, the developer shall not be required to return the payment to a purchaser until the check is finally paid as provided in ORS 74.2130. Upon return of all such payments the purchaser shall immediately transfer rights in the interest to the developer, not subject to any encumbrance created or suffered by the purchaser. In the case of cancellation by a purchaser of any evidence of indebtedness, the purchaser shall return the purchaser�s copy of the executed evidence of indebtedness to the developer, and the developer shall cancel the evidence of indebtedness. Any encumbrances against the purchaser�s interest in the unit arising by operation of law from an obligation of the purchaser existing prior to transfer of the interest to the purchaser shall be extinguished by the reconveyance.

�� (6) Except as otherwise provided in ORS 100.735, no act of a purchaser shall be effective to waive the right of cancellation granted by subsection (1) of this section. A developer may require that a purchaser of a condominium unit execute and deliver to the developer, after the expiration of the cancellation period, a signed statement disclaiming any notice of cancellation that may have been made by the purchaser prior to expiration of the cancellation period granted under subsection (1) of this section and that may have been timely and properly done under this section whether or not the statement has been received by the developer. In case of execution of any such statement by the purchaser, the statement shall be sufficient to rescind the notice of cancellation.

�� (7) A purchaser�s right to cancel under subsection (1) of this section terminates at the time of the closing of the unit purchase transaction.

�� (8) This section shall not apply to:

�� (a) The sale of a unit in a condominium used or intended to be used solely for commercial or industrial purposes;

�� (b) The sale of a condominium unit conducted by public auction; or

�� (c) A sale described in ORS 100.665. [Formerly 94.412]

�� 100.735 Waiver of right to cancel. (1) A purchaser may waive the right to cancellation granted under ORS 100.730 (1) after the unit sales agreement is fully executed by all parties. The waiver shall be in writing and dated and shall include a notice that by signing such statement the purchaser waives only the right of cancellation granted under ORS

ORS 646.740

646.740 and 777.755 to 777.800, the board may by ordinance form an export trading corporation.

�� (5) An ordinance forming an export trading corporation shall include:

�� (a) The name of the export trading corporation.

�� (b) The names of the initial board of directors.

�� (c) The office address and the name and address of the initial registered agent.

�� (6) Unless a later date is specified, the ordinance shall take effect and the export trading corporation formed on the 30th day after enactment of the ordinance. The ordinance shall be subject to the powers of initiative and referendum vested in the electors of the port.

�� (7) A certified copy of the ordinance shall be filed with the Secretary of State.

�� (8) The port by ordinance may dissolve the export trading corporation. The ordinance shall include a plan for the dissolution and liquidation of the assets of the export trading corporation. Any surplus assets remaining after payment of the indebtedness of the export trading corporation shall be transferred to the port. [1983 c.200 �3]

�� 777.765 Powers of export trading corporation. An export trading corporation shall constitute a municipal corporation of this state and a public body, corporate and politic, exercising public power. No part of the net earnings of an export trading corporation shall accrue to the benefit of a private person. An export trading corporation may:

�� (1) Develop, manage and operate export trading projects.

�� (2) Conduct market research, advertising and marketing, within and outside the boundaries of this state.

�� (3) Purchase or otherwise acquire, finance, hold, maintain, sell, lease or otherwise dispose of goods or services of every type or nature, within or outside the boundaries of this state.

�� (4) Acquire or provide communication, insurance, legal assistance, transportation, including trade documentation and freight forwarding, foreign exchange, letters of credit and other necessary or desirable services.

�� (5) Purchase or otherwise acquire, construct, operate, maintain, lease, rent and dispose of warehouses, elevators, terminals, buildings and other necessary or desirable facilities, within or outside the boundaries of this state.

�� (6) Enter into contracts, joint ventures, brokerage or other agreements with any person for the purchase, sale or distribution of goods or services, within or outside the boundaries of this state.

�� (7) Levy and collect rentals, commissions, fees, storage and other charges for use of facilities or services rendered.

�� (8) Apply for and accept financial, technical or other assistance from any person, including the federal, state, county or city government, or other municipal corporations.

�� (9) Enter into contracts with any governmental entity or municipal corporation.

�� (10) Do such other acts or things as may be necessary or convenient for the exercise of the powers granted by ORS 294.125, 294.316, 646.740 and 777.755 to 777.800. [1983 c.200 �10]

�� 777.767 Authorized agreements. (1) An export trading corporation may enter into agreements which provide for the establishment of prices or rates, or which require a party to the agreement to sell, lease or purchase a commodity or service solely to or from the export trading corporation or to the persons designated in the agreement, when such agreements are entered into pursuant to export trade activities specified in a certificate issued to the corporation under 15 U.S.C. 4001 to 4021. This subsection is not intended to confer any immunity from federal antitrust laws beyond the immunity conferred by a certificate issued under 15 U.S.C. 4001 to 4021.

�� (2) When entering into agreements containing the provisions described in subsection (1) of this section, the export trading corporation shall be deemed to be performing a governmental function essential for the benefit of the people of this state and the development and diversification of the economy of this state.

�� (3) An export trading corporation and a port may enter into agreements for the port to provide accounting, clerical, technical, sales, promotional and other administrative services. The port shall be reimbursed not less than the actual cost for providing such services. [1983 c.200 �13]

�� 777.770 Additional fiscal powers of export trading corporation. For the purpose of carrying into effect all or any of its powers, an export trading corporation may:

�� (1) Borrow money, evidence such borrowing with its promissory notes or other obligations of indebtedness, and pledge in whole or in part any of its assets or revenues not subject to prior liens or pledges.

�� (2) Issue and sell revenue bonds in the manner and upon the terms and conditions authorized by ORS 777.560 to 777.590.

�� (3) Purchase, negotiate and sell letters of credit, bills of lading, dock receipts, dock warrants, drafts and other documents of title as defined in ORS 71.2010 (2)(p). [1983 c.200 �11; 2009 c.181 �108]

�� 777.773 Status of obligations of export trading corporation; prohibited investments. (1) An obligation of an export trading corporation, whether arising from the sale of revenue bonds or otherwise, shall not in any manner be a general obligation of the port, nor a charge upon any revenues or property of the port.

�� (2) An export trading corporation shall not acquire stock or other equity interest in any private corporation organized for profit. [1983 c.200 �12]

�� 777.775 Status of export trading corporation; application of certain laws. (1) An export trading corporation is not a contracting agency for the purposes of ORS 279A.055, 279A.065,

ORS 647.055

647.055.

�� (c) A court of competent jurisdiction either orders cancellation of the registration or makes any of the following findings:

�� (A) The registered mark has been abandoned.

�� (B) The registrant is not the owner of the mark.

�� (C) The registration was granted improperly.

�� (D) The registration was obtained fraudulently.

�� (E) The registered mark is the generic name for the goods or services or a portion of the goods or services for which the mark has been registered.

�� (F) The registered mark is likely to cause confusion or mistake or to deceive because of the registered mark�s similarity to a mark registered with the United States Patent and Trademark Office and not abandoned before the application for the registered mark was filed under ORS 647.015.

�� (2) If the registrant proves that the registrant has a concurrent registration in the United States Patent and Trademark Office that covers an area that includes this state, the Secretary of State may not cancel the registration for the area covered by the concurrent registration notwithstanding a court�s finding under subsection (1)(c)(F) of this section. [1961 c.497 �8; 1965 c.511 �8; 1971 c.318 �7; 1981 c.633 �73; 1985 c.728 �88; 2009 c.459 �12]

�� 647.077 Action to cancel mark or compel registration; Secretary of State not a party. An action to cancel a mark registered under this chapter or an action in mandamus to compel the Secretary of State to register a mark must be brought in a circuit court in this state. An action in mandamus must be based solely on the record before the Secretary of State. In an action to cancel a mark, a person may not name the Secretary of State as a party but the court shall notify the Secretary of State and permit the Secretary of State to intervene in the proceeding. [2009 c.459 �18]

�� 647.080 [Repealed by 1961 c.497 �16]

(Remedies)

�� 647.085 Fraudulent registration prohibited; liability; action for damages. (1) A person may not, on the person�s behalf or on behalf of another person, apply for, obtain or maintain a filing or registration for a mark under this chapter by knowingly making a false or fraudulent representation or declaration, orally or in writing, or by other fraudulent means.

�� (2) A person that violates subsection (1) of this section is liable to pay all damages sustained in consequence of the filing or registration. The party injured by the filing or registration may bring an action for damages in a court of competent jurisdiction. [1961 c.497 �10; 1965 c.511 �9; 1971 c.318 �8; 1981 c.633 �73a; 2009 c.459 �13]

�� 647.090 [Repealed by 1961 c.497 �16]

�� 647.095 Prohibited acts; liability. (1) A person may not:

�� (a) Use without the registrant�s consent and in connection with a sale, distribution, offer for sale or advertisement of goods or services a reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter if the use is likely to cause confusion or mistake or to deceive as to the origin of the goods or services; or

�� (b) Apply a mark described in paragraph (a) of this subsection to a label, sign, print, package, wrapper, receptacle or advertisement intended for use in connection with the sale or distribution of goods or services within this state.

�� (2) A person that acts as described in subsection (1) of this section is liable for the remedies provided in ORS 647.105 in a civil action brought by the registrant, except that the registrant may not recover profits or damages from the person unless the person acted as described in subsection (1)(b) of this section with the intent to cause confusion or mistake or to deceive. [1961 c.497 �11; 1965 c.511 �10; 1985 c.566 �1; 2009 c.459 �14]

�� 647.100 [Repealed by 1961 c.497 �16]

�� 647.105 Remedies for infringement. (1) An owner of a mark registered under this chapter may proceed in a civil action to seek an injunction against the manufacture, use, display or sale of a counterfeit or imitation of the mark. A court of competent jurisdiction may:

�� (a) Grant injunctions to restrain the manufacture, use, display or sale as the court deems just and reasonable;

�� (b) Require the defendant to pay to the owner all profits the defendant derived and all damages the owner suffered from the manufacture, use, display or sale; and

�� (c) Order counterfeits or imitations in the defendant�s possession or under the defendant�s control to be delivered to an officer of the court or the owner to be destroyed.

�� (2) If the court finds that the defendant acted in bad faith, with knowledge or otherwise according to the circumstances of the case, the court in the court�s discretion may enter a judgment in an amount not to exceed three times the sum of the defendant�s profits and the owner�s damages and reasonable attorney fees. If the court finds that the plaintiff acted in bad faith, vexatiously, wantonly or for oppressive reasons, the court in the court�s discretion may award reasonable attorney fees to the defendant. [1961 c.497 �12; 1965 c.511 �11; 1985 c.566 �2; 2009 c.459 �15]

�� 647.107 Grounds for injunctive relief; famous marks. (1) Subject to the principles of equity, the owner of a mark that is famous and distinctive in this state, inherently or through acquired distinctiveness, is entitled to an injunction against another person�s commercial use of the mark if:

�� (a) The other person�s use began after the mark became famous; and

�� (b) The use is likely to cause dilution of the famous mark.

�� (2) A mark is famous if the general consuming public of this state or of a geographic area within this state widely recognizes the mark as a designation of the source of the mark owner�s goods or services. In determining whether a mark is famous, a court may consider factors such as:

�� (a) The duration, extent and geographic reach of advertising and publicity of the mark in this state by the owner or by other persons;

�� (b) The amount, volume and geographic extent of sales of goods or services offered under the mark in this state;

�� (c) The extent to which the mark is actually recognized in this state; and

�� (d) Whether the mark is registered in this state, appears on the principal register created under the Trademark Act of 1946, 60 Stat. 427, 15 U.S.C. 1051 et seq., or is otherwise registered under federal law.

�� (3) In an action brought under this section, the owner of a famous mark is entitled to injunctive relief throughout the geographic area in which the court finds that the mark became famous before the other person began the other person�s use of the mark. The court may not order injunctive relief outside this state.

�� (4) If the court finds that the other person willfully intended to cause dilution of the famous mark, the owner is entitled to the remedies provided in this chapter, subject to the court�s discretion and the principles of equity.

�� (5) An owner of a famous mark may not bring an action for another person�s use if the use is a nominative or descriptive fair use or facilitation of a nominative or descriptive fair use, other than as a designation of source for the other person�s own goods or services, including a use:

�� (a) In connection with:

�� (A) Advertising or promotion that permits consumers to compare goods or services; or

�� (B) Identifying or parodying, criticizing or commenting upon the owner of the famous mark or the goods or services of the owner of the famous mark;

�� (b) That is noncommercial; or

�� (c) That constitutes news reporting or news commentary. [1971 c.122 �2; 2009 c.459 �16]

�� 647.110 [Repealed by 1961 c.497 �16]

�� 647.111 Seizure of counterfeit goods in infringement proceeding; liability for wrongful seizure; undertaking. (1) In a civil action under ORS 647.105, upon motion by the plaintiff with or without notice to the defendant, the court may order seizure of the counterfeit goods from any person manufacturing, displaying for sale or selling the goods if the plaintiff shows good cause and a probability of success on the merits and posts an undertaking under subsection (6) of this section.

�� (2) If the plaintiff makes a motion without notice to the defendant for an order for seizure and the court determines from the motion that there is good reason for proceeding without notice to the defendant, the court may waive the requirement of notice and order seizure of the counterfeit goods.

�� (3) Any person from whom seizure is effected by order of the court under this section shall be served with the order at the time of the seizure. The order of seizure shall set forth:

�� (a) The date or dates on which the seizure is ordered to take place;

�� (b) A description of the counterfeit goods to be seized;

�� (c) The identity of the person or description of the authority of the person who will seize the counterfeit goods;

�� (d) A description of the location or locations at which seizure is to occur; and

�� (e) A hearing date not more than 10 court days after the last date on which seizure is ordered at which any person from whom goods are seized may appear and seek release of the seized goods.

�� (4) If the plaintiff causes seizure of goods that are not counterfeit, the plaintiff shall be liable for the following damages, costs and expenses:

�� (a) Any damages proximately caused by the seizure of goods that are not counterfeit to any person having a financial interest in the seized goods.

�� (b) Costs incurred by any person in defending against seizure of noncounterfeit goods.

�� (c) Expenses, including reasonable attorney defending against the seizure of any noncounterfeit or noninfringing goods, upon a showing that the plaintiff acted in bad faith in causing the seizure to occur.

�� (d) Punitive damages, if warranted.

�� (5) A person seeking a recovery under subsection (4) of this section may join any surety on an undertaking posted under subsection (6) of this section. Any judgment of liability shall bind the person liable under subsection (4) of this section and the surety jointly and severally, but the liability of the surety shall be limited to the amount of the undertaking.

�� (6) The court shall set the amount of the undertaking required by subsection (1) of this section in accordance with the recovery of damages, costs and expenses under subsection (4) of this section that would be likely if the court ultimately were to determine that the goods seized were not counterfeit.

�� (7) Any person entitled to recover under subsection (4) of this section, within 30 days after the date of seizure, may object to the undertaking on the ground that the surety or the amount of undertaking is insufficient.

�� (8) The motion filed pursuant to subsection (1) of this section shall include a statement:

�� (a) Advising the person from whom the goods are seized that the undertaking has been filed;

�� (b) Informing the person of the right to object to the undertaking on the ground that the surety or the amount of the undertaking is insufficient; and

�� (c) Advising the person from whom the goods are seized that the objection to the undertaking must be made within 30 days after the date of seizure. [1985 c.566 �4]

�� 647.115 Effect of chapter on marks or trade names acquired at common law; effect of civil remedies on criminal statutes; intent and construction of chapter. (1) The provisions of this chapter do not adversely affect the rights or the enforcement of rights in marks or trade names acquired in good faith at any time at common law.

�� (2) The enumeration of a right or remedy in this chapter does not affect the right of a registrant to prosecute under a penal law of this state.

�� (3) The intent of this chapter is to provide for a system of trademark registration and protection substantially consistent with the system of trademark registration and protection set forth in 15 U.S.C. 1051 et seq. Construction given the provisions set forth in 15 U.S.C. 1051 et seq. constitutes persuasive authority for interpreting and construing this chapter. [1961 c.497 �14; 1965 c.511 �12; 1985 c.566 �5; 1985 c.728 �89; 2009 c.459 �19]

�� 647.120 [Repealed by 1961 c.497 �16]

�� 647.125 [1985 c.566 �6; repealed by 1999 c.722 �9]

�� 647.130 [Repealed by 1961 c.497 �16]

�� 647.135 Trademark counterfeiting. (1) A person commits trademark counterfeiting if the person knowingly and with the intent to sell or distribute and without the consent of the registrant uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit of a mark or any service that is identified by a counterfeit of a mark registered under this chapter or registered under this chapter or registered under 15 U.S.C. 1052 with knowledge that the mark is counterfeit.

�� (2) For purposes of this section, a mark is counterfeit if:

�� (a) It is a mark that is identical to or substantially indistinguishable from a registered mark; and

�� (b) It is used on or in connection with the same type of goods or services for which the genuine mark is registered.

�� (3) A person does not commit trademark counterfeiting if the person has adopted and lawfully used the same or a confusingly similar mark in the rendition of like services or the manufacture of like goods in this state from a date before the effective date of registration of the service mark or trademark and continues to use the mark after the effective date of registration. [1999 c.722 �2]

�� 647.140 Trademark counterfeiting in third degree; penalty. (1) A person commits the crime of trademark counterfeiting in the third degree if the person commits trademark counterfeiting as described in ORS 647.135 and:

�� (a) The total number of items bearing the counterfeit mark is not more than 100; or

�� (b) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is not more than $1,000.

�� (2) Trademark counterfeiting in the third degree is a Class A misdemeanor. Notwithstanding ORS 161.655, if the person convicted under this section is a corporation, the maximum fine that may be imposed is $100,000. [1999 c.722 �3]

�� 647.145 Trademark counterfeiting in second degree; penalty. (1) A person commits the crime of trademark counterfeiting in the second degree if the person:

�� (a) Commits trademark counterfeiting as described in ORS 647.135 and:

�� (A) Has one prior conviction for trademark counterfeiting in any degree;

�� (B) The total number of items bearing the counterfeit mark is more than 100 but less than 1,000; or

�� (C) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000.

�� (b) Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark.

�� (2) Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding ORS 161.655, if the person is convicted under:

�� (a) Subsection (1)(a)(A) of this section and is a corporation, the maximum fine that may be imposed is $200,000.

�� (b) Subsection (1)(b) of this section and the person has one prior conviction for trademark counterfeiting in any degree and is a corporation, the maximum fine that may be imposed is $200,000. [1999 c.722 �4]

�� 647.150 Trademark counterfeiting in first degree; penalty. (1) A person commits the crime of trademark counterfeiting in the first degree if the person commits trademark counterfeiting as described in ORS 647.135 or 647.145 (1)(b) and:

�� (a) Has two or more prior convictions for trademark counterfeiting in any degree;

�� (b) The total number of items bearing the counterfeit mark is 1,000 or more; or

�� (c) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is $10,000 or more.

�� (2) Trademark counterfeiting in the first degree is a Class B felony. [1999 c.722 �5]

�� 647.155 Seizure, forfeiture and disposal. (1) The following are subject to seizure and forfeiture in the same manner as the proceeds of prohibited conduct under ORS chapter 131A:

�� (a) All raw materials and equipment that are used, or intended for use, in providing, manufacturing and delivering items bearing a counterfeit mark or services identified by a counterfeit mark;

�� (b) All conveyances that are used, or intended for use, to transport items bearing a counterfeit mark;

�� (c) All books, records, computers and data that are used or intended for use in the production, manufacture, sale or delivery of items bearing a counterfeit mark or services identified by a counterfeit mark; and

�� (d) All moneys, negotiable instruments, balances in deposit or other accounts, securities or other things of value furnished or intended to be furnished by any person in the course of activity constituting a violation of ORS 647.140, 647.145 or

ORS 65.001

65.001, one purpose of which is to provide affordable housing for low or moderate income households;

�� (d) A consumer housing cooperative, as defined in ORS 456.548;

�� (e) A manufactured dwelling park nonprofit cooperative corporation; or

�� (f) A federally recognized Indian tribe.

�� (4) �Low income household� means a household with income less than or equal to 80 percent of the area median income.

�� (5) �Moderate income household� means a household with income less than or equal to 120 percent and greater than 80 percent of the area median income.

�� (6) �Subsidy� includes, but is not limited to:

�� (a) A grant, loan or contract made by a federal agency, a federally recognized Indian tribe or a public body, as defined in ORS 174.109;

�� (b) A grant, loan or contract made by a nonprofit corporation or a limited liability company the sole member of which is a nonprofit corporation;

�� (c) A subsidized loan from a lending institution that makes loans for residential housing; or

�� (d) A subsidized private transaction.

�� (7) �Third-party right of enforcement� means a right provided in an affordable housing covenant to a third party to enforce the terms of the covenant. [2007 c.691 �2; 2009 c.11 �63; 2023 c.193 �26]

�� Note: 456.270 to 456.295 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 456.275 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) There is a serious shortage of decent, safe and sanitary housing available and affordable to low and moderate income households in the State of Oregon.

�� (2) The inadequacy in the supply of decent, safe and sanitary affordable housing endangers the public health and jeopardizes the public safety and general welfare of the state.

�� (3) To obtain the benefits of covenants and restrictions that seek to preserve and maintain affordable housing, the Legislative Assembly authorizes the creation and enforcement of affordable housing covenants. [2007 c.691 �1]

�� Note: See note under 456.270.

�� 456.280 Covenant creation, effect, conveyance, duration and termination. (1) A person may create an affordable housing covenant as a condition of giving or receiving a subsidy during ownership or upon conveying real property, in the form of a covenant, servitude, easement, condition or restriction in a deed, declaration, land sale contract, trust deed, mortgage, security agreement, assignment, will, trust, rental agreement, lease or other written instrument that is:

�� (a) Executed by the owner of the real property and the covenant holder; and

�� (b) Recorded in the deed and mortgage records of the county in which the real property is located.

�� (2) The affordable housing covenant creates a real property right in an eligible covenant holder to:

�� (a) Limit the use of real property to occupancy by low or moderate income households in rental or owner-occupied housing;

�� (b) Restrict the rental rate or sale price of real property to ensure affordability by future low and moderate income households;

�� (c) Limit, restrict or condition the use and enjoyment of real property to create or retain rental or owner-occupied affordable housing for occupancy by low or moderate income households; or

�� (d) Purchase real property at a trustee�s sale under terms set forth in ORS 86.782.

�� (3) The affordable housing covenant may be conveyed, assigned, modified or terminated by a written instrument recorded in the deed and mortgage records of the county in which the real property is located. The affordable housing covenant may be:

�� (a) Conveyed or assigned by a written instrument executed by the conveying or assigning covenant holder and the accepting covenant holder;

�� (b) Modified by a written instrument executed by the covenant holder and the owner of the real property; or

�� (c) Terminated by a written instrument executed by the covenant holder and a third party with the right to enforce the covenant.

�� (4) An affordable housing covenant is not invalid because a holder of the covenant is not an eligible covenant holder. A covenant holder who is not an eligible covenant holder may not modify, terminate or commence an action to enforce the covenant. However, the covenant holder may convey or assign the covenant to an eligible covenant holder who may modify or terminate the covenant or commence an action to enforce the covenant.

�� (5) An affordable housing covenant is unlimited in duration unless:

�� (a) The instrument creating the covenant provides otherwise;

�� (b) The duration of the covenant is modified before the stated term of the covenant expires; or

�� (c) The covenant is terminated.

�� (6) Upon termination of an affordable housing covenant for any reason before the stated term of the covenant expires, the covenant holder is entitled to receive the difference between the fair market value of the real property immediately before termination and the fair market value of the real property immediately after termination.

�� (7) An affordable housing covenant does not impair an interest in real property that exists at the time the affordable housing covenant is created unless the owner of the interest is a party to the affordable housing covenant, subordinates the interest to the affordable housing covenant or otherwise agrees to be bound by the affordable housing covenant.

�� (8) An instrument that creates an affordable housing covenant may grant the eligible covenant holder, or a designee of the eligible covenant holder, a right to enter the real property to ensure compliance with the covenant and, if the right is granted, the instrument shall designate the time and manner in which the eligible covenant holder or designee may enter the real property.

�� (9) An affordable housing covenant holder may assign a third-party right of enforcement, by a written instrument executed by the covenant holder and recorded in the deed and mortgage records of the county in which the real property is located, to a person that qualifies as an eligible covenant holder but that is not the holder of that covenant.

�� (10) An affordable housing covenant is automatically terminated if:

�� (a) The only holder of the covenant is a corporation, as defined in ORS 65.001, that is dissolved without conveying or assigning the covenant; and

�� (b) No person is entitled to exercise a third-party right of enforcement pursuant to subsection (9) of this section. [2007 c.691 �3; 2011 c.712 �4]

�� Note: See note under 456.270.

�� 456.285 Permissible provisions. An affordable housing covenant may:

�� (1) Include limitations, restrictions and affirmative obligations on the sale price or rental rate of real property or the use of real property or the income or assets of purchasers or tenants;

�� (2) Limit the amount of equity appreciation that a property owner may derive from ownership of the real property;

�� (3) Grant a right of first refusal or an option to purchase to the eligible covenant holder;

�� (4) Restrict the class of persons to whom real property may be sold, leased or rented according to, but not limited to, household income, assets, residency and prior homeownership;

�� (5) Limit the use of the real property to residential use as the primary residence of a low or moderate income household;

�� (6) Limit, condition or prohibit leasing or subletting;

�� (7) Impose obligations for maintenance and insurance of the real property;

�� (8) Limit, condition or prohibit the owner from allowing liens on the real property; and

�� (9) Make other limitations, conditions or prohibitions that affect the affordability of real property for low or moderate income households. [2007 c.691 �4]

�� Note: See note under 456.270.

�� 456.290 Validity of covenant. (1) An affordable housing covenant is valid and enforceable even though the covenant is not of a character traditionally recognized at common law or is inconsistent with a common law doctrine of real property law that might invalidate, impair enforcement of or cause the termination of the covenant, including but not limited to common law doctrine that holds that:

�� (a) The covenant is not appurtenant to an interest in the real property.

�� (b) The covenant imposes a negative burden.

�� (c) The covenant imposes affirmative obligations upon the owner of an interest in the burdened real property or the eligible covenant holder.

�� (d) The covenant is held by an eligible covenant holder that does not have an interest in the real property that is benefited by enforcement of the covenant against the burdened property.

�� (e) The benefit of the covenant does not touch or concern real property in any other way.

�� (f) There is no privity of estate or privity of contract.

�� (g) The covenant can be or has been conveyed or assigned to a covenant holder.

�� (h) The covenant is an unreasonable restraint on alienability.

�� (i) The covenant is a clog on the equity of redemption.

�� (j) The covenant lacks adequate consideration.

�� (2) An affordable housing covenant is valid and enforceable even if the covenant violates the rule against perpetuities set forth in ORS 105.950 to 105.975.

�� (3) If a court denies equitable enforcement of an affordable housing covenant because of a change of circumstances that renders the covenant not in the public interest, the court may award damages as the only remedy in an action to enforce the affordable housing covenant.

�� (4) The court may not use a comparative economic test as a basis for a determination that an affordable housing covenant is not in the public interest. [2007 c.691 �6]

�� Note: See note under 456.270.

�� 456.295 Action affecting covenant. An action affecting an affordable housing covenant may be commenced or intervened in by:

�� (1) The owner of an interest in the real property burdened by the covenant;

�� (2) An eligible covenant holder of the benefit of the covenant;

�� (3) A person that has a third-party right of enforcement; or

�� (4) A public body, as defined in ORS 174.109, in the jurisdiction of which the real property burdened by the covenant is located. [2007 c.691 �5]

�� Note: See note under 456.270.

STATE AND LOCAL COOPERATION WITH HOUSING PROJECTS

�� 456.305 Definitions for ORS 456.305 to 456.325. As used in ORS 456.305 to 456.325, unless the context requires otherwise:

�� (1) �Governing body� means the common council, county court, board of county commissioners, board or other body having charge of the fiscal affairs of the state public body.

�� (2) �Housing project� means any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the federal government.

�� (3) �State public body� means any city, town, county, municipality, commission, district, authority, other subdivision or public body of the state.

�� 456.310 Purpose; additional powers. (1) It hereby is found and declared:

�� (a) That the assistance provided in ORS 456.315 and 456.320 for the remedying of the conditions set forth in the Housing Authorities Law is a matter of state concern and constitutes a public use and purpose and an essential governmental function for which public moneys may be spent and other aid given.

�� (b) That it is a proper public purpose for any state public body to aid any housing authority operating within its boundaries or jurisdiction or any housing project located therein, as the state public body derives immediate benefits and advantages from such an authority or project.

�� (c) That ORS

ORS 65.411

65.411 do not limit a corporation�s power to pay or reimburse expenses incurred by a director in connection with the director�s appearance as a witness in a proceeding at a time when the director has not been made a named defendant or respondent to a proceeding.

�� (4) A report of indemnification must be made in accordance with ORS 65.784. [1989 c.1010 �106; 1991 c.231 �9]

AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS

(Amendment of Articles of Incorporation)

�� 65.431 Authority. (1) A corporation may amend the corporation�s articles of incorporation at any time to add, change or delete any provision if the articles of incorporation as amended would be permitted under ORS 65.431 to 65.467 as of the effective date of the amendment.

�� (2) A corporation designated on the records of the Secretary of State as a public benefit corporation or religious corporation may amend or restate the public benefit corporation�s or religious corporation�s articles of incorporation so that the public benefit corporation or religious corporation becomes designated as a mutual benefit corporation only if notice, including a copy of the proposed amendment or restatement, has been delivered to the Attorney General at least 20 days before consummation of the amendment or restatement. [1989 c.1010 �107; 2019 c.174 �72]

�� 65.434 Amendment by directors. (1) Unless a corporation�s articles of incorporation provide otherwise, the corporation�s board of directors may adopt one or more amendments to the corporation�s articles of incorporation without member approval:

�� (a) To extend the duration of the corporation if the corporation was incorporated at a time when limited duration was required by law;

�� (b) To delete the names and addresses of the initial directors and incorporators;

�� (c) To delete the name and address of the initial registered agent or registered office, if a statement of change is on file with the Secretary of State;

�� (d) To delete the mailing address if an annual report has been filed with the Secretary of State;

�� (e) To change the corporate name by adding, changing or deleting the word �corporation,� �incorporated,� �company,� �limited� or the abbreviation �corp.,� �inc.,� �co.� or �ltd.,� for a similar word or abbreviation in the name, or by adding, deleting or changing a geographical attribution to the name;

�� (f) To include a statement of whether the corporation is a public benefit corporation, mutual benefit corporation or religious corporation; or

�� (g) To make any other change expressly permitted by this chapter to be made by director action.

�� (2) If a corporation does not have members entitled to vote on articles of incorporation, the corporation�s incorporators, until directors have been chosen, and thereafter the corporation�s board of directors, may adopt one or more amendments to the corporation�s articles of incorporation subject to any approval required pursuant to ORS 65.467. The corporation shall provide notice of any meeting at which an amendment is to be voted upon. The notice must be in accordance with ORS 65.344 (2). The notice must also state that the purpose, or one of the purposes, of the meeting is to consider a proposed amendment to the articles of incorporation and contain or be accompanied by a copy or summary of the amendment or state the general nature of the amendment. Unless the articles of incorporation or bylaws require a greater vote or the board of directors requires a greater vote, the amendment must be approved by a majority of the directors voting on the amendment. [1989 c.1010 �108; 1991 c.231 �10; 2019 c.174 �73]

�� 65.437 Amendment by board of directors and members. (1) Unless this chapter, the articles of incorporation, bylaws, the members acting in accordance with subsection (2) of this section or the board of directors acting in accordance with subsection (3) of this section require a greater vote or voting by class, adopting an amendment to a corporation�s articles of incorporation requires approval:

�� (a) By the board if the corporation is a public benefit corporation or religious corporation and the amendment does not relate to the number of directors, the composition of the board, the term of office of directors or the method or way in which directors are elected or selected;

�� (b) Except as provided in ORS 65.434 (1), by the members entitled to vote on articles of incorporation of a mutual benefit corporation by at least two-thirds of the votes cast or a majority of the voting power, whichever is less, and for articles of incorporation of a public benefit corporation or religious corporation a majority of the votes cast; and

�� (c) In writing by any person or persons whose approval is required for an amendment to the articles of incorporation as authorized by ORS 65.467.

�� (2) The members entitled to vote on articles of incorporation may condition the amendment�s adoption on receipt of a higher percentage of affirmative votes or on any other basis.

�� (3) If the board of directors initiates an amendment to the articles of incorporation or board approval is required by subsection (1) of this section to adopt an amendment to the articles of incorporation, the board may condition the amendment�s adoption on receipt of a higher percentage of affirmative votes or on any other basis. For the amendment to be adopted, the board of directors shall, except in those cases described in subsection (1)(a) of this section, adopt a resolution setting forth the proposed amendment and directing that the amendment be submitted to a vote at a meeting of members, which may be either an annual or special meeting.

�� (4) If the board of directors or the members entitled to vote on articles of incorporation seek to have the amendment approved by such members at a membership meeting, the corporation shall give notice to such members of the proposed membership meeting in writing in accordance with ORS 65.214. The notice must state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and contain or be accompanied by a copy or summary of the amendment.

�� (5) If the board of directors or the members entitled to vote on articles of incorporation seek to have the amendment approved by such members by written consent or written ballot, the material soliciting the approval must contain or be accompanied by a copy or summary of the amendment. [1989 c.1010 �109; 2019 c.174 �74]

�� 65.439 Amendment of articles of incorporation of public benefit corporation. If a public benefit corporation has not conducted a meeting of the members and if members have not actively participated in the public benefit corporation�s affairs for three years or more, the public benefit corporation�s board of directors may act in accordance with ORS 65.434 to amend the articles of incorporation to state that the public benefit corporation does not have members if:

�� (1) The board first notifies any known members and posts a notice on the public benefit corporation�s website or otherwise gives comparable notice to the public of the proposed amendment to the articles of incorporation; and

�� (2) The board does not receive an objection from any member within 30 days after the date of the notice. [2019 c.174 �6]

�� 65.441 Class voting by members on amendments. (1) In a public benefit corporation the members of a class entitled to vote on articles of incorporation may vote as a class on a proposed amendment to the articles of incorporation if the amendment would affect the rights of the class as to voting in a manner different from the manner in which the amendment would affect another class or members of another class.

�� (2) In a mutual benefit corporation the members of a class entitled to vote on articles of incorporation may vote as a class on a proposed amendment to the articles of incorporation if the amendment would:

�� (a) Affect the rights, privileges, preferences, restrictions or conditions of the class as to voting, dissolution, redemption or transfer of memberships in a manner different from the manner in which the amendment would affect another class;

�� (b) Change the rights, privileges, preferences, restrictions or conditions of the class as to voting, dissolution, redemption or transfer by changing the rights, privileges, preferences, restrictions or conditions of another class;

�� (c) Increase or decrease the number of memberships authorized for the class;

�� (d) Increase the number of memberships authorized for another class;

�� (e) Effect an exchange, reclassification or termination of the memberships of the class; or

�� (f) Authorize a new class of memberships.

�� (3) In a religious corporation the members of a class entitled to vote on articles of incorporation may vote as a class on a proposed amendment to the articles of incorporation only if a class vote is provided for in the articles of incorporation or bylaws.

�� (4) If a class is to be divided into two or more classes as a result of an amendment to the articles of incorporation of a public benefit corporation or mutual benefit corporation, the amendment must be approved by the members of each class entitled to vote on articles of incorporation that would be created by the amendment.

�� (5)(a) Except as provided in the articles of incorporation or bylaws of a mutual benefit corporation, if a class vote is required to approve an amendment to the articles of incorporation, the amendment must be approved by the members of the class entitled to vote on articles of incorporation by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less.

�� (b) Except as provided in the articles of incorporation or bylaws of a public benefit corporation or religious corporation, if a class vote is required to approve an amendment to the articles of incorporation, the amendment must be approved by a majority of the members of the class entitled to vote on articles of incorporation.

�� (6) A class of members of a public benefit corporation or mutual benefit corporation is entitled to the voting rights granted by this section although the articles of incorporation and bylaws provide that the class may not vote on the proposed amendment. [1989 c.1010 �110; 2019 c.174 �75]

�� 65.447 Articles of amendment. A corporation amending the corporation�s articles of incorporation shall deliver for filing to the Secretary of State articles of amendment setting forth:

�� (1) The name of the corporation.

�� (2) The text of each amendment adopted.

�� (3) The date of each amendment�s adoption.

�� (4) If approval of members was not required, a statement to that effect and a statement that the amendment was approved by a sufficient vote of the board of directors or incorporators.

�� (5) If approval by members entitled to vote on articles of incorporation was required:

�� (a) The designation and number of members of, and number of votes entitled to be cast by, each class entitled to vote separately on the amendment; and

�� (b) The total number of votes cast for and against the amendment by each class entitled to vote separately on the amendment.

�� (6) If approval of the amendment by some person or persons other than the members entitled to vote on articles of incorporation, the board of directors or the incorporators is required pursuant to ORS 65.467, a statement that the approval was obtained. [1989 c.1010 �111; 2019 c.174 �76]

�� 65.451 Restated articles of incorporation. (1) A corporation�s board of directors may restate the corporation�s articles of incorporation at any time with or without approval by the members entitled to vote on articles of incorporation or any other person.

�� (2) The restatement may include one or more amendments to the articles of incorporation. If the restatement includes an amendment requiring approval by the members entitled to vote on articles of incorporation or any other person, the restatement must be adopted as provided in ORS 65.437.

�� (3) If the board seeks to have the restatement approved by the members entitled to vote on articles of incorporation at a membership meeting, the corporation shall give to the members entitled to vote on articles of incorporation written notice of the proposed membership meeting in accordance with ORS 65.214. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change the restatement would make in the articles of incorporation.

�� (4) If the board of directors seeks to have the restatement approved by the members entitled to vote on articles of incorporation by written ballot or written consent, the material soliciting the approval must contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change the restatement would make in the articles of incorporation.

�� (5) A restatement requiring approval by the members entitled to vote on articles of incorporation must be approved by the same vote as an amendment to articles of incorporation under ORS 65.437.

�� (6) A corporation restating the corporation�s articles of incorporation shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation together with a certificate setting forth:

�� (a) Whether the restatement contains an amendment to the articles of incorporation requiring approval by the members entitled to vote on articles of incorporation or any other person other than the board of directors and, if the restatement does not, that the board of directors adopted the restatement, or if the restatement contains an amendment to the articles of incorporation requiring approval by the members entitled to vote on articles of incorporation, the information required by ORS 65.447; and

�� (b) If the restatement contains an amendment to the articles of incorporation requiring approval by a person whose approval is required pursuant to ORS 65.467, a statement that such approval was obtained.

�� (7) Restated articles of incorporation must include all statements required to be included in original articles of incorporation except that a statement is not required to be made with respect to:

�� (a) The names and addresses of the incorporators or the initial or present registered office or agent; or

�� (b) The mailing address of the corporation if an annual report has been filed with the Secretary of State.

�� (8) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to the original articles of incorporation.

�� (9) The Secretary of State may certify restated articles of incorporation as the articles of incorporation currently in effect without including the certificate information required by subsection (6) of this section. [1989 c.1010 �112; 2005 c.22 �47; 2019 c.174 �77]

�� 65.454 Amendment pursuant to court order. (1) A corporation�s articles of incorporation may be amended without approval by the board of directors, approval by the members entitled to vote on articles of incorporation or approval required pursuant to ORS 65.467:

�� (a) To carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute; or

�� (b) In a proceeding brought by the Attorney General to correct the statement in the articles of incorporation or the annual report with regard to whether the corporation is a public benefit corporation or mutual benefit corporation or, subject to the provisions of ORS 65.042, a religious corporation.

�� (2) The articles of incorporation after amendment must contain only provisions required or permitted by ORS 65.047.

�� (3) The individual or individuals designated by the court in a reorganization proceeding, or the Attorney General in a proceeding brought by the Attorney General, shall deliver to the Secretary of State for filing articles of amendment setting forth:

�� (a) The name of the corporation;

�� (b) The text of each amendment approved by the court;

�� (c) The date of the court�s order or decree approving the articles of amendment;

�� (d) The title of the proceeding in which the order or decree was entered; and

�� (e) A statement whether the court had jurisdiction of the proceeding under federal statute or under subsection (1)(b) of this section.

�� (4) This section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan. [1989 c.1010 �113; 2019 c.174 �78]

�� 65.457 Effect of amendment and restatement. An amendment to articles of incorporation does not affect a cause of action existing against or in favor of the corporation, a proceeding to which the corporation is a party, any requirement or limitation imposed upon the corporation or any property held by it by virtue of any trust upon which such property is held by the corporation or the existing rights of persons other than members of the corporation. An amendment changing a corporation�s name does not abate a proceeding brought by or against the corporation in its former name. [1989 c.1010 �114]

(Amendment of Bylaws)

�� 65.461 Amendment by directors. A corporation that does not have members with the power to vote on bylaws shall amend the corporation�s bylaws only as provided in this section. The corporation�s incorporators, until directors have been chosen, and thereafter the corporation�s board of directors may adopt one or more amendments to the corporation�s bylaws subject to any approval required under ORS 65.467. The corporation shall provide notice of any meeting of directors at which an amendment is to be approved. The notice must be in accordance with ORS 65.344 (2). The notice must also state that the purpose, or one of the purposes, of the meeting is to consider a proposed amendment to the bylaws and must contain or be accompanied by a copy or summary of the amendment or state the general nature of the amendment. [1989 c.1010 �115; 2019 c.174 �79]

�� 65.464 Amendment by directors and members. Except as provided in ORS 65.241 and 65.244:

�� (1) A corporation�s board of directors may amend or repeal the corporation�s bylaws unless:

�� (a) The articles of incorporation or this chapter reserve the power to amend or repeal exclusively to the members, or to a party authorized under ORS 65.467, or both, in whole or in part; or

�� (b) The members entitled to vote on bylaws, in amending or repealing a particular bylaw, provide expressly that the board of directors may not amend or repeal that bylaw.

�� (2) A corporation�s members entitled to vote on bylaws, subject to ORS 65.467, may amend or repeal the corporation�s bylaws even though the bylaws may also be amended or repealed by the corporation�s board of directors. [1989 c.1010 �116; 2019 c.174 �80]

�� 65.467 Approval by third persons. A corporation�s articles of incorporation may require an amendment to the articles of incorporation or bylaws to be approved in writing by a specified person or persons other than the board of directors. A provision of the articles of incorporation that has this requirement may not be amended without the approval in writing of the specified person or persons. [1989 c.1010 �117; 2019 c.174 �81]

MERGER

�� 65.481 Approval of plan of merger. (1) Subject to the limitations set forth in ORS 65.484, one or more nonprofit corporations may merge with a business or nonprofit corporation, if the plan of merger is approved as provided in ORS 65.487.

�� (2) The plan of merger must set forth:

�� (a) The name of each business or nonprofit corporation planning to merge and the name of the surviving corporation into which each other corporation plans to merge;

�� (b) The terms and conditions of the merger;

�� (c) The manner and basis, if any, of converting the memberships of each public benefit or religious corporation into memberships of the surviving corporation; and

�� (d) If the merger involves a mutual benefit or business corporation, the manner and basis, if any, of converting the memberships or shares of each merging corporation into memberships, obligations, shares or other securities of the surviving or any other corporation or into cash or other property in whole or part.

�� (3) The plan of merger may set forth:

�� (a) Amendments to the articles of incorporation of the surviving corporation; and

�� (b) Other provisions relating to the merger. [1989 c.1010 �118]

�� 65.484 Limitations on mergers by public benefit or religious corporations. (1) Without the prior written consent of the Attorney General or the prior approval of the circuit court of the county in which a corporation�s principal office is located or, if the principal office is not in this state, where the registered office of the corporation is or was last located, in a proceeding in which the Attorney General has been given written notice, a public benefit corporation or religious corporation may merge only with:

�� (a) A public benefit corporation or religious corporation;

�� (b) A foreign corporation that would qualify under this chapter as a public benefit corporation or religious corporation;

�� (c) A wholly owned foreign corporation or domestic business corporation or mutual benefit corporation, provided the public benefit corporation or religious corporation is the surviving corporation and continues to be a public benefit corporation or religious corporation after the merger; or

�� (d) A foreign corporation or domestic business corporation or mutual benefit corporation, provided that:

�� (A) On or before the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets, including goodwill, of the public benefit corporation or religious corporation or the fair market value of the public benefit corporation or religious corporation if the public benefit corporation or religious corporation were to be operated as a business concern are transferred or conveyed to one or more persons that would have received the assets of the public benefit corporation or religious corporation under ORS 65.637 (1)(e) and (f) had the public benefit corporation or religious corporation dissolved;

�� (B) The public benefit corporation or religious corporation shall return, transfer or convey any assets the public benefit corporation or religious corporation holds upon condition requiring return, transfer or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and

�� (C) The merger is approved by a majority of directors of the public benefit corporation or religious corporation who are not and will not become members or shareholders in, or officers, employees, agents or consultants of, the surviving corporation.

�� (2) The public benefit corporation or religious corporation must deliver notice and a copy of the proposed plan of merger to the Attorney General at least 20 days before the public benefit corporation or religious corporation files articles of merger.

�� (3) Without the prior written consent of the Attorney General or the prior approval of the court specified in subsection (1) of this section in a proceeding in which the Attorney General has been given written notice, a member of a public benefit corporation or religious corporation may not receive or keep anything as a result of a merger other than a membership in the surviving public benefit corporation or religious corporation. Approval or consent that is required by this section must be given if the transaction is consistent with the purposes of the public benefit corporation or religious corporation or is otherwise in the public interest. [1989 c.1010 �119; 2019 c.174 �82]

�� 65.487 Action on plan of merger by board, members and third persons. (1) Unless this chapter, a corporation�s articles of incorporation, bylaws or the corporation�s board of directors or members, acting in accordance with subsection (3) of this section, require a greater vote or voting by class, adoption of a plan of merger requires, with respect to each corporation party to the merger, approval:

�� (a) By the board of directors;

�� (b) By the members of a mutual benefit corporation entitled to vote on the merger, if any, by at least two-thirds of the votes cast or a majority of the voting power, whichever is less, or by a majority of the votes cast, if the corporation is a public benefit corporation or religious corporation; and

�� (c) In writing by any person or persons whose approval is required for an amendment to the articles of incorporation or bylaws by a provision of the articles of incorporation or bylaws as authorized by ORS 65.467.

�� (2) Unless the articles of incorporation or bylaws provide for, or the board of directors or members acting in accordance with subsection (3) of this section require, a greater vote or voting by class, and if the corporation does not have members entitled to vote on the merger, the board of directors must approve the merger. The corporation shall provide notice of any board of directors� meeting at which such approval is to be obtained in accordance with ORS 65.344 (2). The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed merger.

�� (3) The board of directors may condition the board�s submission of the proposed merger to a vote of members, and the members entitled to vote on the merger may condition the members� approval of the merger, on receipt of a higher percentage of affirmative votes or on any other basis.

�� (4) If the board of directors seeks to have the members approve the plan at a membership meeting, the corporation shall give notice to the corporation�s members of the proposed meeting in accordance with ORS 65.214. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger and must contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation must include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of each disappearing corporation must include a copy or summary of the articles of incorporation and bylaws that will be in effect immediately after the merger takes effect.

�� (5) If the board seeks to have the members approve the plan by written consent or written ballot, the material soliciting the approval must contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation must include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of each disappearing corporation must include a copy or summary of the articles of incorporation and bylaws that will be in effect immediately after the merger takes effect.

�� (6) Unless the articles of incorporation or bylaws provide for, or the board of directors or members acting in accordance with subsection (3) of this section require, a greater vote or voting by class, voting by a class of members is required on a plan of merger if the plan contains a provision that, if contained in a proposed amendment to the articles of incorporation, would entitle the class of members to vote as a class on the proposed amendment under ORS 65.441. The plan must be approved by a class of members of a mutual benefit corporation by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less, or by a majority of the votes cast, if the corporation is a public benefit corporation or religious corporation.

�� (7) After a plan of merger is approved, and at any time before articles of merger are filed, the planned merger may be abandoned, subject to any contractual rights, without further action by members or other persons who approved the plan, in accordance with the procedure set forth in the plan of merger or, if the plan does not set forth a procedure, in the manner determined by the board of directors. [1989 c.1010 �120; 2019 c.174 �83]

�� 65.491 Articles and plan of merger. (1) After the board of directors of each merging corporation and, if required under ORS 65.487, the members of each merging corporation and any other persons that must approve a plan of merger approve the plan, the surviving corporation shall deliver to the Secretary of State for filing:

�� (a) Articles of merger that set forth the name and type of each business entity that intends to merge and the name and type of the business entity that will survive the merger;

�� (b) A plan of merger or, in lieu of a plan of merger, a written declaration that:

�� (A) Identifies an address for an office of the surviving entity where the plan of merger is on file; and

�� (B) States that the surviving entity will provide any owner or shareholder of any constituent entity with a copy of the plan of merger upon request and at no cost;

�� (c) A written declaration that:

�� (A) States that a sufficient vote of the board of directors of each corporation approved the plan of merger, if the approval of members was not required; or

�� (B) Sets forth, if the members of one or more corporations were required to approve the plan of merger:

�� (i) The designation and number of members of each class entitled to vote separately on the plan and the number of votes each class is entitled to cast; and

�� (ii) The total number of votes that each class entitled to vote separately on the plan cast for and against the plan;

�� (d) A written declaration that states that a person or persons other than the members of the board approved the plan, if required under ORS 65.487 (1)(c); and

�� (e) A written declaration that states that the Attorney General approved the plan, if the plan required the Attorney General�s approval.

�� (2) Unless a delayed effective date is specified, a merger takes effect when the articles of merger are filed. [1989 c.1010 �121; 2015 c.28 �5; 2019 c.174 �84]

�� 65.494 Effect of merger. When a merger takes effect:

�� (1) Each corporation that was a party to the merger merges into the surviving corporation and the separate existence of each corporation except the surviving corporation ceases;

�� (2) The title to all real estate and other property owned by each corporation that was a party to the merger is vested in the surviving corporation without reversion or impairment and is subject to any and all conditions to which the property was subject before the merger;

�� (3) The surviving corporation has all liabilities and obligations of each corporation that was a party to the merger;

�� (4) The surviving corporation remains subject to any restriction that a gift instrument imposes on assets that any party to the merger holds;

�� (5) A proceeding pending against any corporation that was a party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased;

�� (6) The articles of incorporation and bylaws of the surviving corporation are amended to the extent provided in the plan of merger; and

�� (7) The memberships or shares of each nonprofit corporation, domestic business corporation or foreign business corporation that was a party to the merger that are to be converted into memberships, obligations, shares or other securities of the surviving corporation or any other corporation or into cash or other property are converted and the former holders of the memberships or shares are entitled only to the rights provided in the articles of merger. [1989 c.1010 �122; 2019 c.174 �85]

�� 65.497 Merger with foreign corporation. (1) Except as provided in ORS 65.484, one or more foreign business or nonprofit corporations may merge with one or more domestic nonprofit corporations if:

�� (a) The merger is permitted by the law of the state or country under whose law each foreign business or nonprofit corporation is incorporated and each foreign business or nonprofit corporation complies with that law in effecting the merger;

�� (b) The foreign business or nonprofit corporation complies with ORS 65.491 if it is the surviving corporation of the merger; and

�� (c) Each domestic nonprofit corporation complies with the applicable provisions of ORS 65.481 to

ORS 65.674

65.674.

�� (3) A corporation may make distributions to a member that is a religious corporation or public benefit corporation or to a foreign nonprofit corporation that, if incorporated in this state, would qualify as a religious corporation or public benefit corporation. [1989 c.1010 �129; 2019 c.174 �87]

DISSOLUTION

(Voluntary Dissolution)

�� 65.621 Dissolution by incorporators. (1) A majority of the incorporators of a corporation that has no members and that does not yet have initial directors may, subject to any approval required by the corporation�s articles of incorporation or bylaws, dissolve the corporation by delivering articles of dissolution to the Secretary of State for filing.

�� (2) The corporation shall give the incorporators notice equivalent to that specified in ORS 65.344 (2), of any meeting at which dissolution will be considered. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolution of the corporation.

�� (3) The incorporators in approving dissolution shall adopt a plan of dissolution indicating to whom the assets owned or held by the corporation will be distributed after all creditors have been paid. [1989 c.1010 �130; 2019 c.174 �88]

�� 65.624 Dissolution by directors, members and third persons. (1) Unless a corporation�s articles of incorporation, bylaws or the board of directors or members, acting in accordance with subsection (3) of this section, require a greater vote or voting by class, dissolution is authorized if the dissolution is approved:

�� (a) By the board of directors;

�� (b) By the members of a mutual benefit corporation entitled to vote on dissolution, if any, by at least two-thirds of the votes cast or a majority of the voting power, whichever is less, or by a majority of the votes cast, if the corporation is a public benefit corporation or religious corporation; and

�� (c) In writing, by any person or persons whose approval is required for an amendment of the articles of incorporation or bylaws, as authorized by ORS 65.467, or for dissolution.

�� (2)(a) If the corporation does not have members entitled to vote on dissolution, the board of directors must approve the dissolution. In addition, the corporation shall provide notice of any meeting of the board of directors at which such approval is to be considered in accordance with ORS 65.344 (2). The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolution of the corporation and must contain or be accompanied by a copy or summary of the plan of dissolution.

�� (b) Even if the number of directors in office at the time the board considers the proposed dissolution is less than the minimum required under this chapter, under the articles of incorporation or under the corporation�s bylaws, a majority of the directors in office at the time the board considers the proposed dissolution may approve the dissolution.

�� (3) The board of directors may condition the board�s submission of the proposed dissolution to a vote of members, and the members may condition the members� approval of the dissolution on receipt of a higher percentage of affirmative votes or on any other basis.

�� (4) If the board of directors seeks to have dissolution approved by the members at a membership meeting, the corporation shall give all members, whether or not entitled to vote, notice of the proposed meeting in accordance with ORS 65.214. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation and must contain or be accompanied by a copy or summary of the plan of dissolution.

�� (5) If the board of directors seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval must contain or be accompanied by a copy or summary of the plan of dissolution.

�� (6) The plan of dissolution must indicate to whom the assets owned or held by the corporation will be distributed after all creditors have been paid. [1989 c.1010 �131; 1991 c.231 �11; 2019 c.174 �89; 2021 c.389 �2]

�� 65.627 Transfer or conveyance of assets as part of dissolution; notice to Attorney General. (1) A public benefit corporation or religious corporation may not transfer or convey assets as part of a dissolution until 30 days after the public benefit corporation or religious corporation has notified the Attorney General in accordance with subsection (2) of this section or until the Attorney General in writing has consented to the transfer or conveyance or indicated that the Attorney General will not take action with respect to the transfer or conveyance, whichever is earlier.

�� (2) A public benefit corporation or religious corporation shall give the Attorney General written notice that the public benefit corporation or religious corporation intends to dissolve at or before the time the public benefit corporation or religious corporation delivers articles of dissolution to the Secretary of State. The notice must include a copy or summary of the plan of dissolution.

�� (3) After all or substantially all of the assets of a public benefit corporation have been transferred or conveyed following approval of dissolution, the board of directors shall deliver to the Attorney General a list showing the persons to whom the assets were transferred or conveyed. The list must indicate the addresses of each person who received assets and indicate what assets each received. [1989 c.1010 �132; 2019 c.174 �90]

�� 65.631 Articles of dissolution. (1) At any time after dissolution is authorized, a corporation may dissolve by delivering to the Secretary of State for filing, articles of dissolution setting forth:

�� (a) The name of the corporation;

�� (b) The date dissolution was authorized;

�� (c) A statement that dissolution was approved by a sufficient vote of the board of directors;

�� (d) If approval of members was not required, a statement to that effect and a statement that dissolution was approved by a sufficient vote of the board of directors or incorporators;

�� (e) If approval by members entitled to vote was required:

�� (A) The designation and number of members of, and number of votes entitled to be cast by, each class entitled to vote separately on dissolution; and

�� (B) The total number of votes cast for and against dissolution by each class entitled to vote separately on dissolution;

�� (f) If approval of dissolution by some person or persons other than the members entitled to vote on dissolution, the board or the incorporators is required pursuant to ORS

ORS 660.425

660.425 in 2025]

�� 476.696 [2021 c.592 �22; 2023 c.556 �6; 2023 c.557 �5; 2025 c.590 �10; renumbered 660.430 in 2025]

�� 476.698 [2021 c.592 �23; 2023 c.556 �7; renumbered 660.435 in 2025]

MISCELLANEOUS PROVISIONS

�� 476.710 Setting fires adjacent to structures or timber on ocean shore prohibited; exceptions. No person shall set or permit any fire on the Pacific Ocean shore, declared to be a state recreation area under ORS 390.615, adjacent to any structure or any timber or forest area except pursuant to rule, regulation or permit of or from the State Parks and Recreation Department. [Amended by 1965 c.368 �7; 1989 c.904 �65]

�� 476.715 Throwing away of lighted matches, cigarettes and other materials prohibited; posting copy of section in public conveyances. No one shall, at any time, throw away any lighted tobacco, cigars, cigarettes, matches or other lighted material, on any forestland, private road, public highway or railroad right of way within this state. Everyone operating a public conveyance shall post a copy of this section in a conspicuous place within the smoking compartments of such conveyance. [Formerly 477.164]

�� 476.720 Certain remedial statutes to be construed liberally. ORS 476.010 to 476.090, 476.155 to

ORS 67.603

67.603, and has not registered or qualified in any other jurisdiction other than as a foreign limited liability partnership.

�� (7) �Partnership� means an association of two or more persons to carry on as co-owners a business for profit created under ORS 67.055, predecessor law, or comparable law of another jurisdiction. A partnership includes a limited liability partnership.

�� (8) �Partnership agreement� means the agreement, whether written, oral or implied, among the partners concerning the partnership, including amendments to the partnership agreement.

�� (9) �Partnership at will� means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.

�� (10) �Partnership interest� or �partner�s interest in the partnership� means all of a partner�s interests in the partnership, including the partner�s transferable interest and all management and other rights.

�� (11) �Person� means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity.

�� (12) �Professional� means:

�� (a) Accountants licensed under ORS 673.010 to 673.465 or the laws of another state;

�� (b) Architects registered under ORS 671.010 to 671.220 or licensed or registered under the laws of another state;

�� (c) Attorneys licensed under ORS 9.005 to 9.757 or the laws of another state;

�� (d) Chiropractors licensed under ORS chapter 684 or the laws of another state;

�� (e) Dentists licensed under ORS chapter 679 or the laws of another state;

�� (f) Landscape architects licensed under ORS 671.310 to 671.459 or the laws of another state;

�� (g) Naturopaths licensed under ORS chapter 685 or the laws of another state;

�� (h) Nurse practitioners licensed under ORS 678.010 to 678.415 or the laws of another state;

�� (i) Psychologists licensed under ORS 675.010 to 675.150 or the laws of another state;

�� (j) Physicians licensed under ORS chapter 677 or the laws of another state;

�� (k) Medical imaging licensees under ORS 688.405 to 688.605 or the laws of another state;

�� (L) Real estate appraisers licensed under ORS chapter 674 or the laws of another state; and

�� (m) Other persons providing to the public types of personal service or services substantially similar to those listed in paragraphs (a) to (L) of this subsection that may be lawfully rendered only pursuant to a license.

�� (13) �Professional service� means the service rendered by a professional.

�� (14) �Property� means all property, real, personal or mixed, tangible or intangible, or any interest therein.

�� (15) �State� means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.

�� (16) �Transfer� includes an assignment, conveyance, lease, mortgage, deed, encumbrance, creation of a security interest and any other disposition.

�� (17) �Transferable interest of a partner in the partnership� means the partner�s share of the profits and losses of the partnership and the partner�s right to receive distributions. [1997 c.775 �1; 2003 c.14 �25; 2009 c.294 �8; 2009 c.833 �28; 2013 c.129 �22; 2013 c.196 �18]

�� 67.010 [1997 c.775 �2; renumbered 67.040 in 2013]

(Filing Documents)

�� 67.011 Filing requirements. (1)(a) For the Secretary of State to file a document under this chapter, the document must:

�� (A) Satisfy the requirements set forth in this section and any other requirements in this chapter that supplement or modify the requirements set forth in this section.

�� (B) Be a type of document that this chapter or another law requires or permits a person to file with the Secretary of State.

�� (C) Include the information this chapter requires.

�� (D) Be legibly written in the English language and in the alphabet used to write the English language, except as provided in subsection (3) of this section.

�� (E) Be delivered to the Secretary of State along with required fees. Delivery occurs only when the Secretary of State actually receives the document.

�� (b) The document may include:

�� (A) Information other than the information required under paragraph (a) of this subsection;

�� (B) Arabic or Roman numerals and incidental punctuation; or

�� (C) An acknowledgement, verification or proof.

�� (2)(a) A person that executes a document for filing under this section must be:

�� (A) A partner;

�� (B) A receiver, trustee or other court-appointed fiduciary, if the partnership or limited liability partnership is subject to the control of the receiver, trustee or fiduciary; or

�� (C) An agent of a person identified in this paragraph, if the person authorizes the agent to execute the document.

�� (b) The person that executes the document shall state beneath or opposite the person�s signature the person�s name and the capacity in which the person signs.

�� (3)(a) If the Secretary of State has prescribed a mandatory form for a document, including an electronic form, the document must be in or on the prescribed form.

�� (b) The Secretary of State shall make versions of the form described in paragraph (a) of this subsection available in at least the five languages that are most commonly spoken and written in this state by persons with limited proficiency in the English language. Each version of the form must include an English translation of the form�s contents.

�� (c) For the purpose described in paragraph (b) of this subsection, the Secretary of State shall specify Spanish, Chinese, Vietnamese, Russian and Korean as the five languages that are most commonly spoken and written in this state by persons with limited proficiency in the English language. The Secretary of State shall review the specification in this paragraph after the completion of the 2030 United States Census and each subsequent decennial census and shall recommend in a report to the Joint Committee on Ways and Means any changes in the specification that the Secretary of State deems necessary. The Secretary of State may change the specification only after receiving the approval of the Legislative Assembly and an appropriation in an amount that is sufficient to pay the costs of updating each version of the mandatory form and any system the Secretary of State uses to process the mandatory form.

�� (d) If a person completes with, or attaches to, a form described in paragraph (a) or (b) of this subsection information written in a language other than English, the person shall submit a reasonably authenticated English translation of the information along with the form. [Formerly 67.520; 2019 c.597 �6]

�� 67.014 Filing, service, copying and certification fees. The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter. [Formerly 67.525]

�� 67.015 [1997 c.775 �3; renumbered 67.042 in 2013]

�� 67.017 Effective time and date of document. (1) Except as provided in subsection (2) of this section, a document accepted for filing is effective on the date it is filed by the Secretary of State and at the time, if any, specified in the document as its effective time or at 12:01 a.m. on that date if no effective time is specified.

�� (2) If a document specifies a delayed effective time and date, the document becomes effective at the time and date specified. If a document specifies a delayed effective date but no time, the document becomes effective at 12:01 a.m. on that date. A delayed effective date for a document may not be later than the 90th day after the date it is filed. [Formerly 67.530]

�� 67.020 [1997 c.775 �4; renumbered 67.044 in 2013]

�� 67.021 Filing duty of Secretary of State. (1) If a document delivered to the office of the Secretary of State for filing satisfies the requirements of ORS 67.011, the Secretary of State shall file it.

�� (2) The Secretary of State files a document by indicating thereon that it has been filed by the Secretary of State and the date of filing. After filing a document, the Secretary of State shall return an acknowledgment of filing to the limited liability partnership or foreign limited liability partnership or its representative.

�� (3) If the Secretary of State refuses to file a document, the Secretary of State shall return it to the limited liability partnership or foreign limited liability partnership or its representative within 10 business days after the document was delivered together with a brief written explanation of the reason for the refusal.

�� (4) The duty of the Secretary of State to file documents under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any document delivered to the office of the Secretary of State for filing. The filing of or refusal to file a document by the Secretary of State does not:

�� (a) Affect the validity or invalidity of the document in whole or part; or

�� (b) Relate to the correctness or incorrectness of information contained in the document.

�� (5) The refusal by the Secretary of State to file a document does not create a presumption that the document is invalid or that information contained in the document is incorrect. [Formerly 67.535]

�� 67.024 Appeal from actions of Secretary of State. (1) If the Secretary of State refuses to file a document delivered to the office of the Secretary of State for filing, the limited liability partnership or foreign limited liability partnership, in addition to any other legal remedy that may be available, shall have the right to appeal from the order pursuant to ORS chapter 183.

�� (2) If the Secretary of State revokes the registration of a limited liability partnership or revokes the authorization of a foreign limited liability partnership, the limited liability partnership or foreign limited liability partnership, in addition to any other legal remedy that may be available, shall have the right to appeal from the order pursuant to ORS chapter 183. [Formerly 67.540]

�� 67.025 [1997 c.775 �5; renumbered 67.046 in 2013]

�� 67.027 Evidentiary effect of copy of filed document. (1) A certificate attached to a copy of a document filed by the Secretary of State, bearing the Secretary of State�s signature, which may be in facsimile, is conclusive evidence that the document or a facsimile thereof is on file with the office of the Secretary of State.

�� (2) The provisions of ORS 56.110 shall apply to all documents filed pursuant to this chapter. [Formerly 67.545]

�� 67.030 Certificate of existence or authorization. (1) Anyone may apply to the Secretary of State to furnish a certificate of existence for a limited liability partnership or a certificate of authorization for a foreign limited liability partnership.

�� (2) A certificate of existence or authorization when issued means that:

�� (a) The name of the limited liability partnership or the foreign limited liability partnership is registered in this state;

�� (b) The limited liability partnership is duly registered under the laws of this state or the foreign limited liability partnership is authorized to transact business in this state;

�� (c) All fees payable to the Secretary of State under this chapter have been paid, if nonpayment affects the existence or authorization of the limited liability partnership or foreign limited liability partnership;

�� (d) An annual report required by ORS 67.645 has been filed by the Secretary of State within the preceding 14 months; and

�� (e) A cancellation notice under ORS 67.606 or a withdrawal notice under ORS 67.740 has not been filed by the Secretary of State.

�� (3) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the limited liability partnership or foreign limited liability partnership is registered or is authorized to transact business in this state. [Formerly

ORS 682.025

682.025, a regulatory specialist as defined in ORS 471.001 or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355.

�� (b) �Staff member� has the meaning given that term in ORS 163.165. [2009 c.783 �2; 2011 c.703 �28; 2012 c.54 �27; 2013 c.477 �1; 2015 c.614 �151]

�� Note: 166.070 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.075 Abuse of venerated objects. (1) A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag.

�� (2) As used in this section and ORS 166.085, �abuse� means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities.

�� (3) Abuse of venerated objects is a Class C misdemeanor. [1971 c.743 �224; 1995 c.261 �2]

�� 166.076 Abuse of a memorial to the dead. (1) A person commits the crime of abuse of a memorial to the dead if the person:

�� (a) Intentionally destroys, mutilates, defaces, injures or removes any:

�� (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or

�� (B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;

�� (b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or

�� (c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.

�� (2) Abuse of a memorial to the dead is a Class A misdemeanor.

�� (3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:

�� (A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or

�� (B) The person violates subsection (1)(c) of this section.

�� (b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.

�� (4) This section does not apply to a person who is the burial right owner or that person�s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person�s legal capacity and the person�s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.

�� (5) As used in this section, �historic cemetery� means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 �1; 1999 c.731 �12; 2003 c.291 �1; 2005 c.22 �113]

�� Note: 166.076 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.085 Abuse of corpse in the second degree. (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally:

�� (a) Abuses a corpse; or

�� (b) Disinters, removes or carries away a corpse.

�� (2) Abuse of corpse in the second degree is a Class C felony.

�� (3) As used in this section and ORS 166.087, �abuse of corpse� includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community or treatment by a professional person in a manner not generally accepted as suitable practice by other members of the profession, as may be defined by rules applicable to the profession. [1971 c.743 �225; 1985 c.207 �2; 1993 c.294 �1]

�� 166.087 Abuse of corpse in the first degree. (1) A person commits the crime of abuse of corpse in the first degree if the person:

�� (a) Engages in sexual activity with a corpse or involving a corpse; or

�� (b) Dismembers, mutilates, cuts or strikes a corpse.

�� (2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 �2]

�� Note: 166.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.090 Telephonic harassment. (1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person:

�� (a) By causing the telephone of the other person to ring, such caller having no communicative purpose;

�� (b) By causing such other person�s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone; or

�� (c) By sending to, or leaving at, the other person�s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

�� (2) Telephonic harassment is a Class B misdemeanor.

�� (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by subsection (1) of this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639 (2)(a) while engaged in the conduct proscribed by subsection (1) of this section. [1987 c.806 �2; 1999 c.115 �1; 2005 c.752 �1]

�� 166.095 Misconduct with emergency telephone calls. (1) A person commits the crime of misconduct with emergency telephone calls if the person:

�� (a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or

�� (b) Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no such emergency exists.

�� (2) As used in this section:

�� (a) �Emergency call� means a telephone call to a police or fire department, or for medical aid or ambulance service, necessitated by a situation in which human life or property is in jeopardy and prompt summoning of aid is essential.

�� (b) �Party line� means a subscriber�s line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

�� (3) Every telephone directory that is distributed to members of the general public in this state shall contain in a prominent place a notice of the offense punishable by this section.

�� (4) Misconduct with emergency telephone calls is a Class B misdemeanor. [1971 c.743 �288; 2005 c.22 �114]

�� 166.110 [Amended by 1961 c.503 �2; repealed by 1971 c.743 �432]

�� 166.115 [1981 c.783 �3; repealed by 2001 c.851 �2 (166.116 enacted in lieu of 166.115)]

�� 166.116 Interfering with public transportation. (1) A person commits the crime of interfering with public transportation if the person:

�� (a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;

�� (b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;

�� (c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025;

�� (d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact; or

�� (e) While in or on a public transit vehicle, knowingly ingests, inhales, ignites, injects or otherwise consumes a controlled substance that is not lawfully possessed by the person.

�� (2)(a)(A) Interfering with public transportation as provided in subsection (1)(a) of this section is a Class C misdemeanor.

�� (B) Notwithstanding subparagraph (A) of this paragraph, interfering with public transportation as provided in subsection (1)(a) of this section is a Class A misdemeanor if the person has three or more prior convictions for interfering with public transportation as provided in subsection (1)(a) of this section.

�� (b) Interfering with public transportation as provided in subsection (1)(b) to (e) of this section is a Class A misdemeanor.

�� (3) As used in this section:

�� (a) �Controlled substance� has the meaning given that term in ORS 475.005.

�� (b) �Enter or remain unlawfully� has the meaning given that term in ORS 164.205.

�� (c) �Public transit station� includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.

�� (d) �Public transit vehicle� means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.

�� (e) �Public transportation� means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 �3 (enacted in lieu of 166.115); 2005 c.631 �4; 2017 c.454 �1; 2024 c.58 �1]

�� 166.119 Interfering with a health care facility. (1) A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by:

�� (a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

�� (b) Making noise that unreasonably disturbs the peace within the facility;

�� (c) Trespassing on the facility or the common areas of the real property upon which the facility is located;

�� (d) Causing the telephone of the facility to ring, vibrate or otherwise alert by visual or auditory means if:

�� (A) The person has no communicative purpose; or

�� (B) The person knows that the person has been forbidden from causing the telephone to ring, vibrate or alert by an individual exercising lawful authority over the receiving telephone; or

�� (e) Subjecting an owner, agent, patient or employee of the facility to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that individual or to commit a felony involving the individual, the property of the individual or a member of the individual�s family, when the threat would reasonably be expected to cause alarm.

�� (2) Interfering with a health care facility is a Class A misdemeanor.

�� (3)(a) No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.

�� (b) Nothing in this section prohibits lawful picketing, lawful protesting or peaceful assembly, or other publicity for the purpose of providing the public with information.

�� (4) In a criminal proceeding based on a charge described in this section, the court shall take all steps reasonably necessary to safeguard the individual�s privacy and prevent harassment of a health care patient or health care provider who is a victim or witness in the proceeding, including granting protective orders and motions in limine when appropriate.

�� (5) As used in this section:

�� (a) �Health care facility� means a facility that provides health care services directly to patients, including but not limited to a hospital, clinic, health care provider�s office, health maintenance organization, diagnostic or treatment center, mental health facility, hospice or nursing home.

�� (b) �Health care provider� means an individual licensed, certified, registered or otherwise authorized to practice by a board, as defined in ORS 413.164, or an officer, director, employee or agent of a health care facility. [2023 c.228 �45]

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

�� 166.122 Definitions for ORS 166.122 to 166.128. As used in ORS 166.122 to 166.128:

�� (1) �Critical infrastructure� means a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a data center, or a dam, bridge, road, airport, marina or rail line.

�� (2) �Destructive device� has the meaning given that term in ORS 166.382.

�� (3) �Toxic substance� means any radiological, biological, pathogenic or chemical substance that may cause death or serious physical injury if ingested, inhaled, consumed or absorbed by a human being.

�� (4) �Widespread� means impacting at least 50 human beings. [2023 c.608 �1]

�� 166.125 Domestic terrorism in the first degree. (1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally destroys or substantially damages critical infrastructure; or

�� (b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the first degree is a Class B felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the first degree as crime category 9 of the sentencing guidelines grid of the commission. [2023 c.608 �2]

�� 166.128 Domestic terrorism in the second degree. (1) A person commits the crime of domestic terrorism in the second degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human beings;

�� (b) Intentionally possesses a destructive device with the intent to destroy or substantially damage critical infrastructure;

�� (c) Intentionally attempts to destroy or substantially damage critical infrastructure; or

�� (d) Intentionally attempts to introduce, release or disperse a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the second degree is a Class C felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the second degree as crime category 7 of the sentencing guidelines grid of the commission. [2023 c.608 �3]

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

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

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

BIAS CRIME

�� 166.155 Bias crime in the second degree. (1) A person commits a bias crime in the second degree if the person:

�� (a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) Intentionally subjects another person to offensive physical contact because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person�s family, subjects the other person to alarm by threatening:

�� (A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person�s family; or

�� (B) To cause substantial damage to the property of the other person or of a member of the other person�s family.

�� (2) A bias crime in the second degree is a Class A misdemeanor.

�� (3) As used in this section and ORS 166.165:

�� (a) �Gender identity� means an individual�s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

�� (b) �Property� means any tangible personal property or real property. [1981 c.785 �1; 1983 c.521 �1; 1989 c.1029 �1; 2007 c.100 �18; 2011 c.421 �1; 2019 c.553 �1]

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

�� 166.165 Bias crime in the first degree. (1) A person commits a bias crime in the first degree if the person:

�� (a) Intentionally, knowingly or recklessly causes physical injury to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) With criminal negligence causes physical injury to another person by means of a deadly weapon because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of another person�s race, color, religion, gender identity, sexual orientation, disability or national origin, places another person in fear of imminent serious physical injury.

�� (2) A bias crime in the first degree is a Class C felony. [1981 c.785 �2; 1983 c.521 �2; 1989 c.1029 �2; 1993 c.332 �1; 1995 c.79 �53; 1997 c.249 �50; 2007 c.100 �19; 2011 c.421 �2; 2019 c.553 �2]

�� 166.167 Community service as sentence for bias crime. If a court sentences a person to community service for a violation of ORS 166.155 or 166.165 and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include:

�� (1) Habitat restoration or restoration or maintenance of outdoor recreation facilities under the supervision of the State Parks and Recreation Department, the State Department of Fish and Wildlife or the State Marine Board; and

�� (2) Anti-bias training. [2021 c.393 �3]

AUTHORITY TO REGULATE FIREARMS

�� 166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

�� (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 �1]

�� 166.171 Authority of county to regulate discharge of firearms. (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm in the course of lawful hunting.

�� (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.

�� (d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.

�� (f) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �2; 2009 c.556 �1]

�� 166.172 Authority of city to regulate discharge of firearms. (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city�s boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �3; 2009 c.556 �2]

�� 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

�� (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

�� (a) A law enforcement officer.

�� (b) A member of the military in the performance of official duty.

�� (c) A person licensed to carry a concealed handgun.

�� (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

�� (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

�� (f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1995 s.s. c.1 �4; 1999 c.782 �8; 2009 c.556 �3; 2015 c.709 �1]

�� 166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 �5]

�� 166.175 Authority of city to regulate purchase of used firearms. (1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.

�� (2) As used in this section, �secondhand store� means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 �6]

�� 166.176 Exception to preemption for certain county ordinances. (1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:

�� (a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or

�� (b) Regulated, restricted or prohibited the discharge of firearms.

�� (2) Subsection (1) of this section does not apply to:

�� (a) Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.

�� (b) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1997 c.403 �1; 2009 c.556 �4]

POSSESSION AND USE OF WEAPONS

(Generally)

�� 166.180 Negligently wounding another. Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction. [Formerly 163.310; 2011 c.597 �162]

�� 166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly

ORS 696.590

696.590; or

�� (B) An attorney for the benefit of a transferor or a transferee in a conveyance, if, simultaneously with the conveyance, the attorney deposits the unpaid purchase price into the attorney�s client trust account for disbursal pursuant to the written instructions of, or the agreement between, the transferor and transferee.

�� (c) �Consideration� includes the amount of cash paid for a conveyance and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against the property conveyed to which the property remains subject or which the purchaser agrees to pay or assume.

�� (d) �Conveyance� means a transfer or a contract to transfer fee title to any real estate located in the State of Oregon.

�� (e) �Net proceeds� means the net amount to be disbursed to the transferor, prior to reduction for withholding, as shown on the transferor�s settlement statement for the conveyance.

�� (f) �Transferor� means:

�� (A) An individual who is not a resident of this state, as defined in ORS 316.027, on the closing date of the conveyance; or

�� (B) A corporation taxed under section 11 of the Internal Revenue Code and subchapter C, chapter 1 of the Internal Revenue Code, that is not domiciled in this state or that is not registered or otherwise qualified to do business in this state on the closing date of the conveyance.

�� (2) An authorized agent providing closing and settlement services in a conveyance is required to withhold from consideration payable to a transferor an amount equal to the least of:

�� (a) Four percent of the consideration for the conveyance;

�� (b) The net proceeds resulting from the conveyance; or

�� (c) Eight percent of the gain includable in the transferor�s Oregon taxable income. In arriving at this amount, the authorized agent may rely upon the transferor�s written affirmation of the amount of includable gain.

�� (3) An authorized agent is not required to withhold amounts under this section if:

�� (a) The consideration for the conveyance does not exceed $100,000;

�� (b) The conveyance is pursuant to a judicial foreclosure proceeding, a writ of execution, a nonjudicial foreclosure of a trust deed or a nonjudicial forfeiture of a land sale contract;

�� (c) The conveyance is in lieu of foreclosure of a mortgage, trust deed or other security instrument or a land sale contract with no additional monetary consideration;

�� (d) The transferor is a personal representative, executor, conservator, bankruptcy trustee or other person acting under judicial review;

�� (e) The transferor delivers to the authorized agent a written assurance as provided in section 6045(e) of the Internal Revenue Code that the sale or exchange qualifies for exclusion of gain under section 121 of the Internal Revenue Code;

�� (f) The authorized agent obtains a written affirmation that the transferor is unlikely to owe Oregon income tax as a result of the conveyance;

�� (g) The amount that would be withheld under subsection (2) of this section is less than $100, or less than a minimum amount established by rule by the Department of Revenue; or

�� (h) The authorized agent is an attorney and a licensed escrow agent is providing services in the conveyance.

�� (4)(a) Amounts withheld pursuant to this section are held in trust for the State of Oregon and shall be paid to the department in the time and manner prescribed by the department by rule.

�� (b) If an authorized agent fails to remit an amount withheld by the agent under this section by the time remittance is required, the department may recover from the authorized agent the amount withheld with interest at the rate established under ORS 305.220.

�� (c) If an authorized agent fails to withhold when withholding is required under this section, the department may recover a penalty not to exceed the greater of:

�� (A) $500; or

�� (B) 10 percent of the amount required to be withheld under this section, but not more than $2,500.

�� (d) The department may not proceed with collection actions against the authorized agent if the authorized agent:

�� (A) Withholds the required amount in connection with a conveyance and timely remits the funds to the department;

�� (B) Is not required to withhold an amount under this section; or

�� (C) Demonstrates to the department that the authorized agent obtained a written affirmation as described in this section or an assurance as provided in section 6045(e) of the Internal Revenue Code prior to disbursal of funds due the transferor resulting from the conveyance.

�� (e) A transferor may claim the amount withheld by an authorized agent on the transferor�s personal income tax return or corporate income tax return or excise tax return.

�� (f) An authorized agent may withhold funds under this section without written instructions to withhold from the transferor.

�� (g) A written affirmation, as provided under this section, shall be executed by the transferor or the transferor�s tax advisor under penalty of perjury and shall contain the transferor�s taxpayer identification number. The authorized agent shall retain for six years from the date of the closing of the conveyance any written affirmation obtained by the agent in connection with the conveyance. The department shall prescribe by rule the form and content of the written affirmation and procedures for submission to the department of the information contained in the written affirmation.

�� (h) It shall be a defense to any claim by the department or by a transferor against an agent that the agent has acted in reasonable reliance upon representations made by the transferor or the transferor�s tax advisor. [2007 c.864 �4; 2008 c.54 �1; 2009 c.174 �13]

REMICS

�� 314.260 Taxation of real estate mortgage investment conduits. (1)(a) An entity described in section 860D of the Internal Revenue Code (a real estate mortgage investment conduit or REMIC) is not subject to a tax under ORS chapter 316, 317 or 318 (and may not be treated as a corporation, partnership or trust for purposes of ORS chapter 316, 317 or 318).

�� (b) If a REMIC engages in a prohibited transaction as defined in section 860F(a)(2) of the Internal Revenue Code, the REMIC shall be subject to a tax equal to six and six-tenths percent of the net income derived from the prohibited transaction. The tax imposed under this paragraph shall be assessed and collected under this chapter and ORS chapter 305 and shall be credited to the General Fund to be made available for general governmental expenses.

�� (2) The income of any REMIC shall be taxable to the holders of the interests in the REMIC under ORS chapter 316, 317 or 318, whichever is applicable.

�� (3) Taxable income or loss with respect to income received as the holder of any interest in a REMIC shall be determined under sections 860A to 860G of the Internal Revenue Code.

�� (4) To determine the portion of the income of a REMIC that is taxable to a nonresident holder of an interest in the REMIC, there shall be included only that part derived from or connected with sources in this state, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules in ORS 316.352 (1987 Replacement Part). [1987 c.293 �63; 2005 c.94 �79]

�� 314.265 [1997 c.839 �51; repealed by 2019 c.320 �5]

�� 314.275 [1957 c.544 �2; 1969 c.493 �84; 1983 c.162 �52; repealed by 1987 c.293 �56]

METHODS OF ACCOUNTING AND REPORTING INCOME

�� 314.276 Method of accounting. (1) The method of accounting of a partnership, REMIC (real estate mortgage investment conduit) or taxpayer shall be the same as the method of accounting which the partnership, REMIC or taxpayer uses for federal income tax purposes for the taxable year.

�� (2) Notwithstanding subsection (1) of this section, if the method of accounting used by the partnership, REMIC or taxpayer does not clearly reflect income, the computation of taxable income shall be made under such method as the Department of Revenue may prescribe.

�� (3) If the method of accounting is changed for federal income tax purposes, the partnership, REMIC or taxpayer shall adopt the same method of accounting for purposes of ORS chapter 316, 317 or 318 and shall use that method beginning with the return filed which corresponds to the first federal return filed which is required to use the new method. Any adjustments required to prevent amounts from being duplicated or omitted shall be taken into account for state tax purposes in the same manner as for federal tax purposes.

�� (4) Subsections (1) and (3) of this section shall not apply with respect to methods of accounting which are disallowed for purposes of ORS chapter 316, 317 or 318. [1987 c.293 �57; 1997 c.839 �53; 2019 c.320 �6]

�� 314.277 [1961 c.176 ��2,4; 1969 c.493 �85; repealed by 1987 c.293 �56]

�� 314.280 Allocation of income of financial institution or public utility from business within and without state; rules; alternative apportionment for electing utilities or telecommunications taxpayers. (1) If a taxpayer has income from business activity as a financial institution or as a public utility (as defined respectively in ORS 314.610 (4) and (6)) which is taxable both within and without this state (as defined in ORS 314.610 (8) and 314.615), the determination of net income shall be based upon the business activity within the state, and the Department of Revenue shall have power to permit or require either the segregated method of reporting or the apportionment method of reporting, under rules and regulations adopted by the department, so as fairly and accurately to reflect the net income of the business done within the state.

�� (2) The provisions of subsection (1) of this section dealing with the apportionment of income earned from sources both within and without the State of Oregon are designed to allocate to the State of Oregon on a fair and equitable basis a proportion of such income earned from sources both within and without the state. Any taxpayer may submit an alternative basis of apportionment with respect to the income of the taxpayer and explain that basis in full in the return of the taxpayer. If approved by the department that method will be accepted as the basis of allocation.

�� (3)(a) Apportionment rules adopted by the department under this section must apply the weightings used in ORS 314.650 to comparable factors used to apportion income from business activity of taxpayers subject to this section.

�� (b) Notwithstanding paragraph (a) of this subsection, a taxpayer primarily engaged in utilities or telecommunications may elect to have income from business activity apportioned by applying the weightings used in ORS 314.650 (1999 Edition) to comparable factors used to apportion such income.

�� (c) The election shall be made in the time and manner prescribed by the department by rule. The election shall continue in force and effect for the tax year for which the election is made and for each subsequent tax year until the year in which the taxpayer revokes the election.

�� (d) An electing taxpayer may revoke the taxpayer�s election by filing a revocation of election in the time and manner prescribed by the department. The revocation shall apply to the tax year following the year in which the election is made and to each subsequent tax year.

�� (e) As used in this subsection:

�� (A) �Telecommunications� means business operations that conduct, maintain or provide for the transmission of voice data and text between network termination points and telecommunications reselling. Transmission facilities may be based on one technology or a combination of technologies.

�� (B) �Utilities� means business operations that provide electric power, natural gas, steam supply, water supply or sewage removal through a permanent infrastructure of lines, mains and pipes. [1957 c.632 �4 (enacted in lieu of 316.205 and

ORS 705.145

705.145 and credited to the account responsible for paying the expenses of the department related to administering and enforcing the building inspection program. A state employee may not be displaced as a result of using contract personnel.

�� (7) The governing body of a municipality may commence responsibility for the administration and enforcement of a building inspection program beginning July 1 of any year by notifying the director no later than January 1 of the same year and obtaining the director�s approval of an assumption plan as described in subsection (11)(c) of this section.

�� (8) The department shall adopt rules to require the governing body of each municipality assuming or continuing a building inspection program under this section to submit a written plan with the notice required under subsection (4) or (7) of this section. If the department is the governing body, the department shall have a plan on file. The plan must specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

�� (9) A municipality that administers and enforces a building inspection program pursuant to this section shall recognize and accept the performances of state building code activities by businesses and persons authorized under ORS 455.457 to perform the activities as if the activities were performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

�� (10) The department or a municipality that accepts an inspection or plan review as required by this section by a person licensed under ORS 455.457 has no responsibility or liability for the activities of the licensee.

�� (11) In addition to the requirements of ORS 455.100 and 455.110, the director shall regulate building inspection programs that municipalities assume on or after January 1, 2002. Regulation under this subsection must include but not be limited to:

�� (a) Creating building inspection program application and amendment requirements and procedures;

�� (b) Granting or denying applications for building inspection program authority and amendments;

�� (c) Requiring a municipality assuming a building inspection program to submit with the notice given under subsection (7) of this section an assumption plan that includes, at a minimum:

�� (A) A description of the intended availability of program services, including proposed service agreements for carrying out the program during at least the first two years;

�� (B) Demonstration of the ability and intent to provide building inspection program services for at least two years;

�� (C) An estimate of proposed permit revenue and program operating expenses;

�� (D) Proposed staffing levels; and

�� (E) Proposed service levels;

�� (d) Reviewing procedures and program operations of municipalities;

�� (e) Creating standards for efficient, effective, timely and acceptable building inspection programs;

�� (f) Creating standards for justifying increases in building inspection program fees adopted by a municipality;

�� (g) Creating standards for determining whether a county or department building inspection program is economically impaired because of the county�s or the department�s inability to reasonably continue providing the program throughout a county, if another municipality is allowed to provide a building inspection program within the same county; and

�� (h) Enforcing the requirements of this section.

�� (12) The department may assume administration and enforcement of a building inspection program:

�� (a) During the pendency of activities under ORS 455.770;

�� (b) If a municipality abandons or is no longer able to administer the building inspection program; or

�� (c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465, 455.467 and 455.469.

�� (13) If the department assumes the administration and enforcement of a building inspection program under this section, in addition to any other power granted to the director, the director may:

�� (a) Enter into agreements with local governments under ORS 455.185 regarding the administration and enforcement of the assumed building inspection program;

�� (b) Take action as described in ORS 455.192 to ensure that sufficient staff and other resources are available for the administration and enforcement of the assumed building inspection program;

�� (c) Charge fees described in ORS 455.195 for department services provided in administering and enforcing the assumed building inspection program; and

�� (d) Ratify or disapprove the discretionary decisions of a contract building official, as both terms are defined in ORS 455.202, to the extent that a municipality could ratify or disapprove the discretionary decisions of the municipality�s contract building official.

�� (14) A municipality that abandons or otherwise ceases to administer and enforce a building inspection program that the municipality assumed under this section may not resume the administration or enforcement of the program for at least two years. The municipality may resume the administration and enforcement of the abandoned program only on July 1 of an odd-numbered year. Prior to resuming the administration and enforcement of the program, the municipality must follow the notification procedure set forth in subsection (7) of this section. [2001 c.573 �1; 2005 c.22 �328; 2007 c.487 �1; 2007 c.549 ��4,5; 2009 c.696 ��23,24; 2013 c.528 �11; 2019 c.422 �18; 2021 c.599 �8]

�� Note: 455.148 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.150 Selective municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption. (1) Except as provided in subsection (15) of this section, a municipality that assumes the administration and enforcement of a building inspection program prior to January 1, 2002, may administer and enforce all or part of a building inspection program. A building inspection program:

�� (a) Is a program that includes the following:

�� (A) The state building code, as defined in ORS 455.010, except as set forth in paragraph (b) of this subsection.

�� (B) Manufactured dwelling installation requirements under ORS 446.155, 446.185 (1) and 446.230.

�� (C) Manufactured dwelling parks and mobile home parks under ORS chapter 446.

�� (D) Park and camp programs regulated under ORS 455.680.

�� (E) Tourist facilities regulated under ORS 446.310 to 446.350.

�� (F) Manufactured dwelling alterations regulated under ORS 446.155.

�� (G) Accessory buildings or structures under ORS 446.253.

�� (H) Boilers and pressure vessels described in rules adopted under ORS 480.525 (5).

�� (b) Is not a program that includes:

�� (A) Boiler and pressure vessel programs under ORS 480.510 to 480.670 except those described in rules adopted under ORS 480.525 (5);

�� (B) Elevator programs under ORS 460.005 to 460.175;

�� (C) Amusement ride regulation under ORS 460.310 to 460.370;

�� (D) Prefabricated structure regulation under ORS chapter 455;

�� (E) Manufacture of manufactured dwelling programs under ORS 446.155 to 446.285, including the administration and enforcement of federal manufactured dwelling construction and safety standards adopted under ORS 446.155 or the National Manufactured Housing Construction and Safety Standards Act of 1974;

�� (F) Licensing and certification, or the adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479 or 693; and

�� (G) Review of plans and specifications as provided in ORS 455.685.

�� (2) A municipality that administers a building inspection program as allowed under this section shall do so for periods of four years. The Department of Consumer and Business Services shall adopt rules to adjust time periods for administration of a building inspection program to allow for variations in the needs of the department and participants.

�� (3)(a) If a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint or employ a person to serve as a building official, who will administer and enforce all or parts of the building inspection program. Under the circumstances described in ORS 455.202 (2), a municipality may for the same purpose enter into a contract with a contract building official, as defined in ORS 455.202. A building official or contract building official shall, in the municipality that appointed or employed the building official or contracted with the contract building official, attend to all aspects of code enforcement, including the issuance of all building permits. Two or more municipalities may combine in the appointment of a single building official or in a contract with a single contract building official for the purpose of administering a building inspection program within each municipality.

�� (b) A contract between a municipality and a contract building official is subject to applicable provisions of ORS chapters 279A, 279B and 279C.

�� (4)(a) By January 1 of the year preceding the expiration of the four-year period described in subsection (2) of this section, the governing body of the municipality shall notify the Director of the Department of Consumer and Business Services and, if not a county, notify the county whether the municipality will continue to administer all or part of the building inspection program after the four-year period expires. If parts of a building inspection program are to be administered and enforced by a municipality, the parts shall correspond to a classification designated by the director as reasonable divisions of work.

�� (b) Notwithstanding the January 1 date set forth in paragraph (a) of this subsection, the director and the municipality and, if the municipality is not a county, the county may by agreement extend that date to no later than March 1.

�� (5) If a city does not notify the director, or notifies the director that the city will not administer all or parts of certain specialty codes under the building inspection program, the county or counties within which the city is located shall administer and enforce those codes or parts of the codes within the city in the same manner as the county or counties administer and enforce the codes or parts of the codes outside the city, except as provided by subsection (6) of this section.

�� (6) If a county does not notify the director, or notifies the director that the county will not administer and enforce all or parts of certain specialty codes under the building inspection program, the director shall contract with a municipality or other person or use such state employees or state agencies as are necessary to administer and enforce those codes or parts of the codes, and permit or other fees arising from the administration and enforcement must be paid into the Consumer and Business Services Fund created by ORS 705.145 and credited to the account responsible for paying such expenses. A state employee may not be displaced as a result of using contract personnel.

�� (7) If a municipality administering a building inspection program under this section seeks to administer additional parts of a program, the municipality must comply with ORS 455.148, including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS 455.148 and ceases to be subject to this section.

�� (8) The department shall adopt rules to require the governing body of each municipality to submit a written plan with the notice required under subsection (4) of this section. If the department is the governing body, the department shall have a plan on file. The plan shall specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

�� (9) A municipality that administers a code for which persons or businesses are authorized under ORS 455.457 to perform activities shall recognize and accept those activities as if performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

�� (11) In addition to the requirements of ORS 455.100 and 455.110, the director shall regulate building inspection programs of municipalities assumed prior to January 1, 2002. Regulation under this subsection must include but not be limited to:

�� (a) Creating building inspection program application and amendment requirements and procedures;

�� (b) Granting or denying applications for building inspection program authority and amendments;

�� (c) Reviewing procedures and program operations of municipalities;

�� (d) Creating standards for efficient, effective, timely and acceptable building inspection programs;

�� (e) Creating standards for justifying increases in building inspection program fees adopted by a municipality;

�� (f) Creating standards for determining whether a county or department building inspection program is economically impaired because of the county�s or the department�s inability to reasonably continue providing the program or part of the program throughout a county, if another municipality is allowed to provide a building inspection program or part of a program within the same county; and

�� (g) Enforcing the requirements of this section.

�� (12) The department may assume administration and enforcement of a building inspection program:

�� (a) During the pendency of activities under ORS 455.770;

�� (b) If a municipality abandons any part of the building inspection program or is no longer able to administer the building inspection program; or

�� (c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465, 455.467 and 455.469.

�� (13) If the department assumes the administration and enforcement of a building inspection program under this section, in addition to any other power granted to the director, the director may:

�� (a) Enter into agreements with local governments under ORS 455.185 regarding the administration and enforcement of the assumed building inspection program;

�� (b) Take action as described in ORS 455.192 to ensure that sufficient staff and other resources are available for the administration and enforcement of the assumed building inspection program;

�� (c) Charge fees described in ORS 455.195 for department services provided in administering and enforcing the assumed building inspection program; and

�� (14) If a municipality abandons or otherwise ceases to administer all or part of a building inspection program described in this section, the municipality may not resume the administration and enforcement of the abandoned program or part of a program for at least two years. The municipality may resume the administration and enforcement of the abandoned program or part of a program only on July 1 of an odd-numbered year. To resume the administration and enforcement of the abandoned program or part of a program, the municipality must comply with ORS

ORS 709.220

709.220, subsection (2) of this section, or as the instrument that creates the trust relationship or a court order authorizes, a trust company may not invest funds that the trust company holds as fiduciary in stock or obligations of, or property the trust company acquired from:

�� (a) The trust company or the trust company�s directors, officers or employees;

�� (b) Individuals affiliated with the trust company or the trust company�s directors, officers or employees;

�� (c) Organizations in which the trust company or the trust company�s directors, officers or employees hold an interest;

�� (d) Affiliates of the trust company or the affiliates� directors, officers or employees;

�� (e) Individuals with whom the trust company has an interest that might affect the trust company�s exercising the trust company�s best judgment in making the investment or acquiring the property; or

�� (f) Organizations in which the trust company has an interest that might affect the trust company�s exercising the trust company�s best judgment in making the investment or acquiring the property.

�� (2) Subsection (1) of this section does not apply if the trust company invests funds the trust company holds as fiduciary in any open-end or closed-end management type investment company or investment trust for which the trust company, or an affiliate of the trust company, acts as investment advisor or custodian or provides other services, for which services the trust company and the trust company�s affiliates may receive reasonable fees.

�� (3) For the purposes of this section, companies are affiliated if the companies are members of the same affiliated group under Section 1504 of the Internal Revenue Code. [1989 c.604 �3; 1991 c.353 �1; 1997 c.631 �213; 2015 c.244 �77]

�� 709.180 [Repealed by 1973 c.797 �428]

�� 709.190 Trust department kept separate; records of securities; retention of records. (1) Each banking institution and each non-Oregon institution authorized to transact a trust business in this state shall establish and maintain in its office a trust department, in which separate books and accounts shall be maintained. All property of the trust department shall be segregated from and unmingled with other property.

�� (2) The books and accounts of the trust department shall show the ownership of all moneys, funds, investments and property held by the trust department. Securities may be kept by the trust department in either of the following ways:

�� (a) All certificates representing the securities of an account may be held separate from those of all other accounts; or

�� (b) Certificates representing securities of the same class of the same issuer held for particular accounts may be held in bulk without certification as to ownership attached and, to the extent feasible, certificates of small denomination may be merged into one or more certificates of larger denomination. Upon demand by any person to whom it has a duty to account, a trust department shall certify in writing the securities held by it for an account. A trust department, if operating under the method of safekeeping security certificates described in this paragraph, is subject to such rules as may be issued by:

�� (A) In the case of a banking institution, the Director of the Department of Consumer and Business Services;

�� (B) In the case of an out-of-state bank, the appropriate state supervisor;

�� (C) In the case of an extranational institution, the official charged with supervising the extranational institution in the country under the laws of which it was organized; or

�� (D) In the case of a national bank, the Comptroller of the Currency.

�� (3) All records shall be kept and retained for such time as to enable the banking institution or non-Oregon institution to furnish information or reports with respect to the records that may be required by the director or other regulator specified in subsection (2)(b) of this section. The records shall contain full information relative to each account and nothing contained in this subsection shall require a banking institution or non-Oregon institution to maintain the records required by this section in any given manner, provided that the information required is clearly and accurately reflected and provides an adequate basis for the audit of the information.

�� (4) A banking institution transacting trust business in this state shall retain the records required by this section for a period of three years from the termination of the relationship to which the records relate. A non-Oregon institution or federal bank transacting trust business in this state shall retain such records pertaining to the trust business transacted by it for such periods of time as may be required by applicable laws of the jurisdiction under which the non-Oregon institution or federal bank is organized, or if the applicable laws of the jurisdiction do not specify a period for retaining the records, the non-Oregon institution or federal bank shall retain the records required by this section for a period of three years. The records shall be available for examination by the director or, in the case of:

�� (a) Federal banks, the Comptroller of the Currency or other federal supervisor;

�� (b) Out-of-state banks and out-of-state trust companies, the appropriate state supervisor; or

�� (c) Extranational institutions, the official charged with supervising the extranational institution in the country under the laws of which it was organized. [Amended by 1971 c.263 �1; 1973 c.797 �197; 1975 c.544 �29; 1985 c.762 �42; 1991 c.336 �1; 1997 c.631 �214]

�� 709.200 Acquisition or investment of trust property in own name or name of nominee. (1) In the acquisition or investment of trust property, a trust company may take in its own name, or in the name of its nominee, any assets in which it may be authorized to invest or hold trust property.

�� (2) Upon the satisfaction, conveyance or investment of trust property, whether the trust property is held in the name of the trust company, individually, or in its name as trustee or in a specified fiduciary capacity or otherwise, the instrument of satisfaction or transfer may be executed by the trust company in its own name. [Amended by 1973 c.797 �198; 1997 c.631 �215]

�� 709.210 Disclosure of fiduciary character or terms of trust instrument. In acquiring, holding, satisfying and conveying trust property, a trust company is not required to disclose that it is acting in a fiduciary capacity, the terms or conditions of the instrument under which it acts, the nature or extent of its authority or the application of the proceeds of the transaction. A person dealing with a trust company may not inquire into the matters, except to the extent specified in ORS 709.270. [Amended by 1973 c.797 �199]

�� 709.220 Handling of funds awaiting investment or distribution; security for use of funds. (1) Funds placed or held in trust by a trust company awaiting investment or distribution shall not be held uninvested or undistributed for a longer period than is reasonable for the proper management of the account, shall be carried in a separate account and shall not be used by the trust company, bank or extranational institution in the conduct of its business or in the conduct of the business of any of its affiliates, except that such funds may be deposited in the commercial or savings or other department of the trust company, bank or extranational institution if the trust company, bank or extranational institution first obtains and sets aside in its trust department:

�� (a) Bonds or other securities eligible for the investment of trust funds;

�� (b) A surety bond;

�� (c) An irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008; or

�� (d) A combination of the securities, letters of credit and surety bond.

�� (2) The surety bond shall be issued by a surety company authorized to transact business in this state and approved by the Director of the Department of Consumer and Business Services. The bond or letter of credit shall provide that the principal and surety or letter of credit issuer shall indemnify the several owners of the funds held in trust against loss due to the failure of the trust company, bank or extranational institution.

�� (3) Notwithstanding the provisions of ORS 708A.415, the securities, the surety bond, the letter of credit or the securities, the surety bond and the letters of credit together shall be in an amount equal to the portion of the trust funds not insured by the United States Government or any agency or instrumentality of the United States.

�� (4) If the trust company, bank or extranational institution fails, the owners of the funds held in trust for investment or distribution have a lien on the bonds or other securities set apart, or a right of action on the surety bond and upon the letter of credit, in addition to their claim against the estate of the trust company, bank or extranational institution. [Amended by 1957 c.82 �2; 1973 c.797 �200; 1975 c.544 �29d; 1983 c.296 �5a; 1987 c.216 �5; 1991 c.331 �115; 1997 c.631 �216]

�� 709.230 [Amended by 1961 c.344 �107; repealed by 1973 c.797 �428; amended by 1973 c.823 �143; amendment treated as reenactment, see 709.231]

�� 709.231 [1973 c.823 �143 amending 709.230 treated as reenactment of 709.230 repealed by 1973 c.797 �428; repealed by 1974 c.36 �28]

�� 709.240 Oath and bond exemption for trust company appointed as fiduciary. An official oath or indemnity bond or other security shall not be required when a trust company is appointed as fiduciary or during the administration of the trust except as required by ORS

ORS 711.475

711.475 to 711.510. [Amended by 1973 c.797 �256]

�� 711.445 Notice of taking possession of institution; prohibition against liens subsequent to insolvency. (1) Upon taking possession of the property and business of an institution, the Director of the Department of Consumer and Business Services shall give written notice of the fact to all persons holding or in possession of any assets of the institution.

�� (2) A person knowing that the director has taken possession of an institution shall not have a lien or charge for any payment advanced or any clearance thereafter made, or liability thereafter incurred, against any of the assets of the institution. [Amended by 1973 c.797 �257]

�� 711.450 Prohibition against applying to enjoin director from continuing possession. An institution may not apply to the supervising court for an order requiring the Director of the Department of Consumer and Business Services to show cause why the director should not be enjoined from continuing possession pursuant to ORS 711.419. [Amended by 1973 c.797 �258; 1975 c.544 �37; 1985 c.786 �43]

�� 711.455 [Repealed by 1973 c.797 �428]

�� 711.460 [Repealed by 1973 c.797 �428]

�� 711.465 Transfer of liquidation functions to Federal Deposit Insurance Corporation. (1) Upon taking possession of the business and property of an insolvent Oregon stock bank, the deposits of which are to any extent insured by the Federal Deposit Insurance Corporation, if the Federal Deposit Insurance Corporation will accept the duty of liquidating the Oregon stock bank, the Director of the Department of Consumer and Business Services may appoint without bond the Federal Deposit Insurance Corporation to act as receiver for the Oregon stock bank. When so appointed the Federal Deposit Insurance Corporation shall exercise all the powers and perform all the duties of the director in connection with the liquidation of Oregon stock banks.

�� (2) Upon being notified in writing of the acceptance of the appointment, the director shall file a certificate evidencing the appointment of the Federal Deposit Insurance Corporation in the office of the director. Upon the filing of the certificate the possession of all the assets, business and property of the Oregon stock bank except those securities pledged under ORS 295.015 shall be transferred from the Oregon stock bank and the director to the Federal Deposit Insurance Corporation, and without the execution of any instruments of conveyance, assignment, transfer or indorsement the title to all such assets and property shall vest in the Federal Deposit Insurance Corporation. The director shall be relieved from all responsibility and liability in respect to the liquidation of the Oregon stock bank. [Amended by 1973 c.797 �259; 1983 c.296 �11; 1993 c.98 �25; 1997 c.631 �246]

�� 711.470 Subrogation rights of Federal Deposit Insurance Corporation. If any Oregon stock bank in which the deposits are to any extent insured by the Federal Deposit Insurance Corporation is closed for the purpose of liquidation without adequate provision being made for the payment of its depositors and if the Federal Deposit Insurance Corporation pays or makes available for payment the insured deposit liabilities of the closed insured Oregon stock bank, the Federal Deposit Insurance Corporation is subrogated to all rights against the closed insured Oregon stock bank of the owners of deposits to the extent of any payments made by the corporation to the depositors. [Amended by 1973 c.797 �260; 1997 c.631 �247]

�� 711.475 Inventory of assets; filing notice of taking possession. Upon taking possession of the property of an institution to liquidate its affairs, the Director of the Department of Consumer and Business Services shall:

�� (1) Inventory the assets of the institution. The inventory shall be prepared in duplicate with one copy filed in the office of the director and one in the office of the clerk of the county in which the principal office of the institution is located.

�� (2) Within a reasonable time, file with the clerk of the supervising court a notice that the director has taken possession and the time of taking possession.

�� (3) Proceed to liquidate the affairs of the institution, collect debts due the institution and do what is necessary to preserve the assets and business of the institution. [Amended by 1973 c.797 �261]

�� 711.480 Sale of assets. (1) Upon order of the supervising court, the Director of the Department of Consumer and Business Services may:

�� (a) Sell or compromise any bad or doubtful debts, including the individual liability of any stockholder of the institution.

�� (b) Sell all or any of the real estate and personal property of the institution on terms directed by the supervising court.

�� (2) The director, upon compliance with the terms of the sale of property, shall execute and deliver to the purchaser of the property the necessary deeds or instruments to evidence the passing of the title. If the real estate is situated outside the county in which the principal office of the institution is located, a certified copy of the order authorizing and ratifying the sale shall be filed in the office of the clerk of the county in which the property is situated. [Amended by 1973 c.797 �262]

�� 711.485 Borrowing funds to pay closed institution expenditures. The Director of the Department of Consumer and Business Services may, after the director has obtained the consent of the supervising court, borrow funds from any source available to be used for distribution among depositors or other creditors of the institution in the process of liquidation, or for expense of liquidation or preservation of the assets of the institution. To secure the loan, the director may pledge, on terms fixed by the lender and agreed to by the director, all or any portion of the assets of the institution. The director is not personally obligated to pay the loans. [Amended by 1973 c.797 �263]

�� 711.490 Capital stock requirements of institution purchasing assets and assuming liabilities of insolvent institution. If the assets of an insolvent institution are sold to a new institution and the new institution assumes any or all of the deposit liabilities of the insolvent institution with the approval of the Director of the Department of Consumer and Business Services and the supervising court, the new institution may be organized with a capital stock equal to the capital stock of the insolvent institution without regard to the capital requirements of ORS 707.050. [Amended by 1973 c.797 �264]

�� 711.495 Action by director to collect balance due on stock or stock assessment. If an institution becomes insolvent and is taken in charge by the Director of the Department of Consumer and Business Services for liquidation, the director may maintain an action against any stockholder, whose stock or assessment on the stock has not been fully paid, for the collection of the unpaid balance. The action may be prosecuted against one or more stockholders, singly or collectively. [Amended by 1973 c.797 �265]

�� 711.500 Liability of transferor of stock made in contemplation of insolvency; proceedings to relieve stockholder of liability prohibited. (1) Stockholders in an institution who have transferred their stock or registered the transfer of their stock within 60 days before the date of the closing of the institution or with the knowledge of the impending closing or failure, are liable, as if the transfer had not been made, to the extent that the subsequent transferee fails to pay the unpaid balance on the stock. This subsection does not affect any recourse which a former stockholder might otherwise have against those in whose name the stock is registered at the time the institution closes.

�� (2) An action may not be brought by the holder of any stock standing in the name of the stockholder on the books of an institution at the time it closes which will relieve the stockholder of liability as a stockholder. [Amended by 1973 c.797 �266]

�� 711.505 Liability of fiduciary as stockholder; liability of estate and funds. A person holding stock of an institution as a fiduciary, as collateral security or in pledge, is not personally subject to any liability as a stockholder. The person pledging the stock is liable as a stockholder. The estate and funds in the hands of the fiduciary are liable to the same extent as the testator, intestate, protected person or person interested in the trust fund would be liable if able to act and hold the stock in the name of that person. [Amended by 1973 c.797 �267; 1973 c.823 �146; 1974 c.36 �27]

�� 711.510 Deposit of money collected under ORS 711.495; security for deposit. (1) The moneys collected by the Director of the Department of Consumer and Business Services under ORS 711.495 shall be, from time to time, deposited in one or more insured institutions, subject to the order of the director.

�� (2) The director may require any bank in which the director deposits money under this section to furnish security therefor satisfactory to the director for the safekeeping and prompt payment of the money deposited. [Amended by 1973 c.797 �268; 1997 c.631 �248]

�� 711.515 �Depositor� defined; preferences among depositors. (1) As used in ORS 711.515 to 711.525, �depositor� includes purchasers or holders in due course of certificates of deposit, cashiers� checks, certified checks, outstanding unpaid drafts drawn or issued by an Oregon stock bank, unsecured letters of credit and unsecured drafts accepted by the Oregon stock bank if the instruments enumerated are issued pursuant to cash or credit actually received or realized by the Oregon stock bank.

�� (2) A depositor or deposit, including deposits of the State of Oregon or any county, city or political subdivision thereof, shall not have a preference or prior lien on any assets of an insolvent Oregon stock bank over the claims of other depositors or deposits, unless the assets have been pledged as security in compliance with the provisions of law. This subsection does not apply to any claims or demands involving funds held by an Oregon stock bank under an express oral or written trust agreement, where a preference to the trust funds may be established by evidence satisfactory to the Director of the Department of Consumer and Business Services and the supervising court. [Amended by 1973 c.797 �269; 1997 c.631 �249]

�� 711.520 Priority of claimants against assets of Oregon stock bank that is insolvent or in liquidation. If an Oregon stock bank becomes insolvent or goes into voluntary or involuntary liquidation, the assets of the Oregon stock bank must be applied in the following order of priority:

�� (1) First, if collateral has been pledged under ORS 295.015 and assets have been pledged under ORS 709.030, to the benefit of those for whom the collateral and assets have been pledged;

�� (2) Second, to pay the expenses of liquidation;

�� (3) Third, to satisfy the amount due the depositors; and

�� (4) Fourth, to satisfy the amount due sellers of federal funds. [Amended by 1973 c.797 �270; 1993 c.373 �1; 1997 c.631 �250; 1999 c.311 �5; 2015 c.244 �84]

�� 711.525 Interest on deposits after Oregon stock bank closes. Interest on unsecured interest-bearing deposits and on secured interest-bearing deposits other than public funds shall stop on the date any Oregon stock bank is placed in the hands of the Director of the Department of Consumer and Business Services for liquidation. Interest on public funds that are secured as provided in ORS chapter 295, shall continue at the rate being paid by the Oregon stock bank prior to the time it closed. [Amended by 1973 c.797 �271; 1997 c.631 �251]

�� 711.530 Notice to creditors to present claims. The Director of the Department of Consumer and Business Services shall cause notice to be given by advertisement, in a newspaper of the choice of the director, weekly for four consecutive weeks, notifying persons with claims against an institution which the director has taken possession of for the purpose of liquidating its affairs, to present the claim to the director, with legal proof of the claim, at a designated place on or before the expiration of 60 days after the date of the first publication of the notice. The notice shall state the date of the first publication. The director shall mail a similar notice to all persons whose names appear as creditors upon the books of the institution. Failure to mail the notice to any creditor does not give the creditor any right or impose any liability on the director. [Amended by 1973 c.797 �272]

�� 711.535 Verification and filing of claims; demand for preference. (1) All claims shall be verified and filed with the Director of the Department of Consumer and Business Services. If a claimant asserts a preference other than the preference given in ORS 711.520 to depositors, the claim shall include a demand for preference and a statement of the grounds upon which preference is claimed.

�� (2) Any claim for preference shall be filed with the director and the supervising court, before the expiration of the time fixed under ORS 711.530 in the notice to creditors. If a claim for preference is not filed within the designated time, it is barred. [Amended by 1973 c.797 �273]

�� 711.540 Approval or rejection of claims. (1) Within a reasonable time after the expiration of the time fixed in the notice to creditors, the Director of the Department of Consumer and Business Services shall approve or reject, in whole or in part, every claim filed.

�� (2) Depositors� claims that assert no priority or preference other than the preference given under ORS 711.520 to depositors and that are filed after the expiration of the time fixed in the notice to creditors for the filing of all claims shall be approved or rejected, in whole or in part, within a reasonable time after the claims are filed with the director.

�� (3) The approval or rejection of any claim by the director shall be indorsed in writing upon the claim and the director need not state the reasons for the approval or rejection. The director may at any time alter or amend the previous approval or rejection of any claim. [Amended by 1973 c.797 �274; 2003 c.14 �443]

�� 711.545 Objection to approval of claims. (1) If a creditor of the closed institution or any interested party objects to the action of the Director of the Department of Consumer and Business Services in allowing in whole or in part any claim filed with the director, the creditor shall, within 10 days after the list of allowed claims has been filed with the clerk of the supervising court, make and file with the clerk of the supervising court a verified statement of the objections of the creditor. The statement shall state the facts and reasons upon which the objections are based and include a notice that the objecting party appeals to the supervising court. Objections to the approval of any claim may be made at any time but, if not filed within the 10-day period, the objections shall apply only to that portion of the claim which has not yet been paid.

�� (2) A copy of the objections and notice shall be served upon the director and upon the creditor whose claim is challenged. Proof of the service shall be filed in the supervising court with the statement of objections.

�� (3) The statement of objection filed in the supervising court shall also have attached to it a copy, certified as correct by the director, of the claim so approved and the approval of the claim indorsed thereon by the director. [Amended by 1973 c.797 �275]

�� 711.550 Objection to rejection of claims. (1) If the Director of the Department of Consumer and Business Services rejects any claim in whole or in part, written notice of the rejection shall be given to the claimant, either in person or by mail. If notice by mail is given, it is sufficient that the notice be sent to the address indicated by the claimant on the proof of claim filed with the director. If no address is given, then it is sufficient if the notice is mailed to the last address of the claimant as shown by the books and records of the closed institution. If notice of rejection is given by mail, the notice is considered to have been given by the director on the day when the notice of rejection is properly addressed and deposited in the mail, postage prepaid. Proof of giving of notice of rejection by the director shall be made by affidavit, and the affidavit shall be prima facie evidence of the giving of notice. The affidavit shall be filed in the office of the director.

�� (2) Within 30 days after the giving of the notice of rejection, the claimant may appeal the rejection by serving the director with notice of appeal and by filing the notice with the clerk of the supervising court with proof of service of the notice upon the director and a copy, certified as correct by the director, of the rejected claim and the indorsement made thereon by the director. [Amended by 1973 c.797 �276; 2007 c.71 �230]

�� 711.554 Procedure for determination of claims. (1) After the filing of objections under ORS 711.545 or the filing of the notice and other papers under ORS 711.550 and upon the motion of any of the parties in interest, the supervising court, upon notice to all the parties, shall set the matter for trial.

�� (2) The trial shall be held in a summary manner upon the documents filed with the court. The person filing the statement of objection or the claimant whose claim was rejected has the burden of proof.

�� (3) An appeal from the decision of the supervising court to the appellate court may be taken by either party as from any other judgment of the supervising court. [1973 c.797 �277; 2003 c.576 �550]

�� 711.555 [Repealed by 1973 c.797 �428]

�� 711.560 Costs and disbursements in claim proceedings. A party to the proceedings upon any hearing provided for in ORS 711.554 shall not recover costs or disbursements from any other party. [Amended by 1973 c.797 �278]

�� 711.565 Claims presented after time expired. Depositors� claims presented and allowed after the expiration of the time fixed in the notice to creditors may be paid the amount of all prior dividends therein, if there are sufficient funds, and share in the distribution of the remaining assets in the hands of the Director of the Department of Consumer and Business Services equitably applicable thereto. [Amended by 1973 c.797 �279]

�� 711.567 Supervising court to bar claims to facilitate closing. To facilitate the final closing of the liquidation of the institution, the supervising court may, by order, bar all claims at any time after one year from the date of the first publication of notice to creditors under ORS 711.530. [1973 c.797 �280]

�� 711.570 Lists of claims. (1) Upon the expiration of the time fixed under ORS 711.530 for the presentation of claims, the Director of the Department of Consumer and Business Services shall make in duplicate a list of the claims presented specifying whether the claims have been approved, rejected or neither approved nor rejected pending further investigation. The list shall also note which claims have been presented to the supervising court for appeal. One copy of the list shall be filed in the office of the director and one in the office of the clerk of the supervising court.

�� (2) The director shall, in like manner, make and file supplemental lists showing all claims presented subsequent to the filing of the first list.

�� (3) The lists shall be filed in the supervising court at least 15 days before the payment of any dividend on the claims or the payment of any preferred claims. [Amended by 1973 c.797 �281]

�� 711.572 Liability of directors for distributing assets without payment of known debts. The directors of an institution who vote for or assent to any distribution of assets of the institution to its stockholders during the liquidation of the institution without the payment and discharge of, or making adequate provision for, all known liabilities of the institution shall be jointly and severally liable to the institution for the value of the assets which are distributed, to the extent that the liabilities of the institution are not thereafter paid and discharged. [1973 c.797 �282]

�� 711.575 Dividends to depositors. At any time after the expiration of the date fixed for the presentation of claims under ORS 711.530 the Director of the Department of Consumer and Business Services may, out of the funds remaining in the hands of the director after the payment of expenses, declare one or more dividends. After the expiration of one year from the first publication of notice to creditors the director may declare a final dividend. The dividends shall be paid to the persons, in the amounts and upon the notice as may be directed by the supervising court. [Amended by 1973 c.797 �283]

�� 711.577 Death of depositor; payment of claim. (1) Any person who would be entitled to withdraw a deposit under ORS 708A.430 may claim the deposit and receive dividends thereon, or if claim has been made it may be amended after the death of the claimant so that future dividends are paid to the person entitled thereto under ORS 708A.430.

�� (2) If any claim is more than $500, dividends may be paid to the person entitled thereto, as provided in ORS 708A.430, if the Director of the Department of Consumer and Business Services is satisfied that the total dividends to be paid after the death of the claimant are less than $100.

�� (3) The director is under no obligation to determine the relationship of the affiants or declarants to the deceased depositor and the payment of dividends made in good faith to parties making the affidavit or declaration shall be a release of the director for the amount of the dividends so paid. [1973 c.797 �284; 1997 c.631 �251a; 2017 c.51 �4]

�� 711.580 Safety deposit boxes; removal of property. (1) If an institution, at the time the Director of the Department of Consumer and Business Services takes possession of its property and business, has in its possession, as bailee, for safekeeping and storage, any valuable personal property, or has rented any vaults, safes or safe deposit boxes or any portion thereof for the storage of property of any kind, the director may mail a notice to the person claiming to be or appearing upon the institution�s books to be the owner of the property, or the person in whose name the safe, vault or box stands notifying them to remove the property within a period fixed by the notice but not less than 90 days after the date the notice is mailed. The notice shall be in writing and sent by registered mail or by certified mail with return receipt directed to the person at the person�s post-office address as recorded upon the books of the institution. The director shall allow a person access to the institution so that the person may remove the person�s property stored or kept with the institution as described in this subsection. The director may require that the person show identification reasonably identifying the person as the person whose name appears as owner of the property on the institution�s books or as the person in whose name the safe, vault or box stands. The director may limit access to normal business hours.

�� (2) Upon the date fixed by the notice, the contract, if any, between a person and the institution for the storage of the property or for the use of the safe, vault or box is terminated, and the amount of the unearned rent or charges, if any, paid by the person becomes a debt of the institution to the person.

�� (3) After the date fixed in the notice the safe, vault or box may be opened in the presence of the director, and a witness who is not an officer or employee of the institution. A list and description of the property shall be made by the person opening the safe, vault or box and shall be attached to the property. The director shall keep the property in one of the general safes or boxes of the institution until it is delivered to the person entitled to receive it or is disposed of as provided in ORS 711.582. [Amended by 1973 c.797 �285; 1981 c.397 �1; 1991 c.249 �67]

�� 711.582 Disposition of contents of safety deposit boxes. (1) If property is not removed within six months after the time fixed by the notice of the Director of the Department of Consumer and Business Services under ORS 711.580, the director may sell the property under the direction of the supervising court. The proceeds of the sale shall be held for the benefit of the person entitled to the property. Any funds which have not been claimed within two years after the final order closing the liquidation of the institution may be disposed of in the manner prescribed in ORS 711.590 for unclaimed dividends and deposits.

�� (2) If papers or other articles which have no value and cannot be sold are not removed within six months after the time fixed in the notice of the director, the director shall store the papers and articles with the records of the insolvent institution. One year after the final order closing the liquidation of the institution the papers and articles may be destroyed in the manner prescribed in ORS 711.595 for the records of an insolvent institution. [1973 c.797 �286]

�� 711.585 Selection of agents to wind up affairs of institution; bond or letter of credit; duties of agent. (1) When the Director of the Department of Consumer and Business Services has paid to each depositor and creditor of the institution whose claim as a depositor or creditor has been proved and allowed, the full amount of the claim and has made proper provision for unclaimed or unpaid deposits or dividends and has paid all the expenses of the liquidation, the director shall call a meeting of the stockholders of the institution by giving notice of the meeting for 30 days in one or more newspapers circulated in the county in which the principal office of the institution is located. At the meeting the stockholders shall select, by ballot, one or more agents to administer the assets and wind up the affairs of the institution. A majority of the stock present and voting in person or by proxy is necessary to select an agent.

�� (2) The agent shall file with the director a bond or an irrevocable letter of credit to the State of Oregon in an amount not less than 20 percent of the book value of the assets to be surrendered to the agent, but in no case shall the bond or letter of credit be less than $1,000. The bond or letter of credit shall be executed by the agent as principal. The bond shall be executed by a surety company authorized to do business in this state as surety, and any letter of credit shall be issued by an insured institution. The bond or letter of credit shall be conditioned for the faithful performance of all the duties of the agent�s trust.

�� (3) When the agent files the required bond or letter of credit, the director shall transfer to the agent all the assets of the institution remaining in the hands of the director. Upon the transfer and delivery the director is discharged from all further liability to the institution and its creditors. The agent shall complete the liquidation of the affairs of the institution, and, after paying the expenses of the liquidation, shall distribute the proceeds among the stockholders in proportion to the several holdings of stock.

�� (4) If the stockholders fail to meet on the date advertised for the stockholders� meeting or within 15 days after the advertised date or fail to appoint an agent, or if the agent fails to qualify as required in this section within 30 days after the date of their selection, the director may appoint an agent. This agent shall file a bond or letter of credit and liquidate the affairs of the institution as though the agent had been selected by the stockholders. Upon the transfer and delivery to the agent appointed by the director of all the remaining assets in the hands of the director, the director is discharged from all further liability to the institution and its creditors. [Amended by 1973 c.797 �287; 1991 c.331 �116; 1997 c.631 �252]

�� 711.590 Disposition of unclaimed deposits; interest. (1) Two years after the date of the final order closing the liquidation of an institution, the Director of the Department of Consumer and Business Services may withdraw any unclaimed deposits or balances remaining to the credit of dividend accounts, representing the aggregate of undelivered checks or unpaid dividend funds in the possession of the Department of Consumer and Business Services, and report and pay the funds to the State Treasurer as unclaimed property under ORS 98.352.

�� (2) The interest earned on the dividend accounts while they remain in the possession of the director shall be paid to the State Treasurer to be credited to the Consumer and Business Services Fund and no person entitled to the accounts has any claim to the interest. [Amended by 1959 c.138 �4; 1973 c.797 �288; 1993 c.694 �37; 2019 c.678 �74; 2021 c.424 �22]

�� 711.595 Destruction of liquidation records in possession of director. If any files, records, documents, books of account or other papers have been taken over and are in the possession of the Director of the Department of Consumer and Business Services in connection with the liquidation of an insolvent institution, the director may, after one year from the declaration of the final dividend or from the date the liquidation has been closed by order of the supervising court, destroy any of the files, records, documents, books of account or other papers which appear to the director to be unnecessary for future reference as part of the liquidation and files of the office of the director. [Amended by 1973 c.797 �289]

�� 711.600 Liquidation expenses. The expenses incurred by the Director of the Department of Consumer and Business Services in the liquidation of an institution include the expenses of all employees of the Department of Consumer and Business Services employed in the liquidation, reasonable attorney fees for counsel employed by the director in the course of the liquidation, and stationery, rent, postage, telephone, telegraph and other office and traveling expense. The compensation of the employees and the expense of supervision and liquidation shall be fixed by the director, subject to the approval of the supervising court. The supervising court shall not increase the compensation or expenses over the amount fixed by the director. [Amended by 1973 c.797 �290; 1985 c.762 �44]

�� 711.605 Petitions relating to insolvent institutions; ruling by director; court review. Any petition relating to an insolvent institution, except a petition by the Director of the Department of Consumer and Business Services, shall be filed with the supervising court and the director. The director shall, within a reasonable time after the petition is filed, grant or refuse the petition and notify the petitioner in writing of the decision. If a petitioner is dissatisfied with the decision of the director the petitioner may, within 30 days after the decision of the director, present the petition, with the decision of the director, to the supervising court. The supervising court shall fix a date for the hearing of the petition, giving reasonable notice of the date to the petitioner and to the director. The supervising court shall determine the matter upon the evidence produced by all the parties, and the burden of proof is upon the petitioner. [Amended by 1973 c.797 �291]

�� 711.610 [Repealed by 1973 c.797 �428]

�� 711.615 Court filing fees. Fees shall not be charged for the filing in the supervising court by the Director of the Department of Consumer and Business Services, the deputies of the director or attorneys of any papers relating to the liquidation of an institution or which are necessary or convenient in connection with the collection of assets of an institution. [Amended by 1973 c.797 �292; 1999 c.803 �7]

�� 711.620 Suspending or restricting payment of liabilities; duration. (1) The Director of the Department of Consumer and Business Services may order an Oregon stock bank to suspend or restrict the payment of its liabilities to depositors and other creditors except as provided in ORS 711.620 to 711.670, if the action is necessary for the protection of the depositors and other creditors of the Oregon stock bank and is in the public interest.

�� (2) The order of the director is effective upon receipt by the Oregon stock bank of written notice thereof signed by the director and shall continue in effect until released or modified by the written order of the director. The suspension and restriction shall not exceed a period of 90 days, but may be extended for further periods not to exceed 90 days each upon the written order of the director. [1973 c.797 �293; 1997 c.631 �253]

�� 711.625 Taking possession of Oregon stock bank by director; powers of director; expenses. (1) When the order mentioned in ORS 711.620 takes effect, the Director of the Department of Consumer and Business Services shall immediately take possession of the property and affairs of the Oregon stock bank, and take whatever action is necessary to conserve the assets of the Oregon stock bank pending further disposition of its business.

�� (2) While the director is in possession of an Oregon stock bank, the director shall have all the powers given to the director in connection with insolvent Oregon stock banks, and the rights of interested parties shall, subject to ORS 711.620 to

ORS 717.900

717.900 or 717.905, ORS chapter 59, 723, 725 or 726, the Bank Act or the Insurance Code when:

�� (a) The document, material or other information is received upon notice or with an understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information; and

�� (b) The director has obligated the Department of Consumer and Business Services not to disclose the document, material or other information.

�� (32) A county elections security plan developed and filed under ORS 254.074.

�� (33) Information about review or approval of programs relating to the security of:

�� (a) Generation, storage or conveyance of:

�� (A) Electricity;

�� (B) Gas in liquefied or gaseous form;

�� (C) Hazardous substances as defined in ORS 453.005 (7)(a), (b) and (d);

�� (D) Petroleum products;

�� (E) Sewage; or

�� (F) Water.

�� (b) Telecommunication systems, including cellular, wireless or radio systems.

�� (c) Data transmissions by whatever means provided.

�� (34) The information specified in ORS 25.020 (8) if the Chief Justice of the Supreme Court designates the information as confidential by rule under ORS 1.002.

�� (35)(a) Employer account records of the State Accident Insurance Fund Corporation.

�� (b) As used in this subsection, �employer account records� means all records maintained in any form that are specifically related to the account of any employer insured, previously insured or under consideration to be insured by the State Accident Insurance Fund Corporation and any information obtained or developed by the corporation in connection with providing, offering to provide or declining to provide insurance to a specific employer. �Employer account records� includes, but is not limited to, an employer�s payroll records, premium payment history, payroll classifications, employee names and identification information, experience modification factors, loss experience and dividend payment history.

�� (c) The exemption provided by this subsection may not serve as the basis for opposition to the discovery documents in litigation pursuant to applicable rules of civil procedure.

�� (36)(a) Claimant files of the State Accident Insurance Fund Corporation.

�� (b) As used in this subsection, �claimant files� includes, but is not limited to, all records held by the corporation pertaining to a person who has made a claim, as defined in ORS 656.005, and all records pertaining to such a claim.

�� (c) The exemption provided by this subsection may not serve as the basis for opposition to the discovery documents in litigation pursuant to applicable rules of civil procedure.

�� (37) Except as authorized by ORS 408.425, records that certify or verify an individual�s discharge or other separation from military service.

�� (38) Records of or submitted to a domestic violence service or resource center that relate to the name or personal information of an individual who visits a center for service, including the date of service, the type of service received, referrals or contact information or personal information of a family member of the individual. As used in this subsection, �domestic violence service or resource center� means an entity, the primary purpose of which is to assist persons affected by domestic or sexual violence by providing referrals, resource information or other assistance specifically of benefit to domestic or sexual violence victims.

�� (39) Information reported to the Oregon Health Authority under ORS 431A.860, except as provided in ORS 431A.865 (3)(b), information disclosed by the authority under ORS

ORS 734.014

734.014 in 1989]

�� 734.022 [Formerly 734.040; repealed by 1993 c.447 �122]

�� 734.026 �Domiciliary,� �ancillary� and �reciprocal state� defined. As used in this chapter:

�� (1) �Domiciliary state� means the state in which an insurer is incorporated or organized or, in the case of an alien insurer, its state of entry.

�� (2) �Ancillary state� means any state other than a domiciliary state.

�� (3) �Reciprocal state� means any state other than this state in which in substance and effect the provisions of this chapter relating to delinquency proceedings are in force, including provisions requiring that the Director of the Department of Consumer and Business Services or equivalent insurance supervisory official be the receiver of a delinquent insurer and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers. [Formerly

ORS 742.542

742.542, the release must state that, subject to the motor vehicle liability insurer�s applicable limits of liability, the rights of an insurer furnishing personal injury protection to recover payments made for medical benefits from the motor vehicle liability insurer are not impaired.

�� (2) Nothing in this section impairs the rights of a motor vehicle liability insurer to contest a recovery claim from an insurer furnishing personal injury protection, based upon liability or the reasonableness or necessity of medical benefits paid by the insurer furnishing personal injury protection. [2009 c.545 �2]

�� Note: 742.546 and 742.548 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 742.548 Required language in disclosure; conditions for rescission of release. If a representative of a motor vehicle liability insurer obtains a release for a claim of bodily injuries in person from a person who is eligible to receive personal injury protection benefits under ORS 742.518 to 742.542:

�� (1) The representative of the insurer must provide the eligible person with a clear and conspicuous notice substantially similar to the following, which shall be incorporated into the insurer�s release or provided in a separate document:

�� THE DOCUMENT YOU ARE BEING ASKED TO SIGN IS A BINDING CONTRACT THAT CONCLUDES YOUR CLAIM(S) AGAINST THE PARTIES IT IDENTIFIES. AFTER YOU SIGN IT YOU WILL NOT BE ABLE TO MAKE ANY FURTHER CLAIM(S) AGAINST THESE PARTIES.

�� (2) The eligible person may rescind the release if the person provides the insurer written notice of rescission no later than five business days after the execution of the release and then promptly performs all other requisite acts for rescission of a contract. For the purposes of this subsection, notice of rescission is provided to an insurer on the date and time shown on a properly addressed proof of mailing or electronic transmission. [2009 c.545 �3]

�� Note: See note under 742.546.

(Total Loss)

�� 742.554 Disclosures required by insurer to motor vehicle owner when insurer declares vehicle total loss. When an insurer declares a motor vehicle a total loss and offers to make a cash settlement to an insured or third-party owner of the motor vehicle, the insurer shall provide the insured or third-party owner:

�� (1) Any valuation or appraisal reports relied upon by the insurer to determine value; and

�� (2) A written statement in a form provided by the Director of the Department of Consumer and Business Services that includes:

�� (a) Information about total loss, vehicle valuation and the duties of the insurer; and

�� (b) The manner in which and under what circumstances the insured may contact the Division of Financial Regulation of the Department of Consumer and Business Services. [2009 c.65 �2; 2017 c.17 �55]

�� Note: 742.554 and 742.558 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 742.558 Dispute resolution process for total loss vehicles. (1) An insurer shall pay the insured or third-party owner of a motor vehicle the amount of the motor vehicle�s value that is not in dispute if the insurer declares the motor vehicle a total loss and the insurer and the insured or third-party owner are unable to agree on the value of the motor vehicle. Acceptance of payment of the undisputed amount neither waives the rights of the insured or third-party owner under the policy nor prevents the insured or third-party owner from pursuing a claim for additional amounts. Payment of the undisputed amount by the insurer does not waive any rights of the insurer under the policy.

�� (2) An insurer is not obligated to pay the undisputed amount under subsection (1) of this section until the insured or third-party owner of the motor vehicle:

�� (a) Agrees to execute documents sufficient to transfer ownership of the motor vehicle to the insurer; and

�� (b) Authorizes the insurer, at the insurer�s expense, to move the motor vehicle to a disclosed location selected by the insurer, where the motor vehicle will remain available for inspection and evaluation for not fewer than 14 calendar days.

�� (3) After the expiration of the 14-day period under subsection (2) of this section, the insurer may proceed with the salvage sale of the motor vehicle. [2009 c.65 �3]

�� Note: See note under 742.554.

(Cancellation)

�� 742.560 Definitions for ORS 742.560 to 742.572. As used in ORS 742.560 to 742.572:

�� (1) �Cancellation� means termination of coverage by an insurer, other than termination at the request of the insured, during a policy period.

�� (2) �Expiration� means termination of coverage by reason of the policy having reached the end of the term for which it was issued or the end of the period for which a premium has been paid.

�� (3) �Nonpayment of premium� means failure of the named insured to discharge when due any of the insured�s obligations in connection with the payment of premiums on the policy, or any installment of such premium, whether the premium is payable directly to the insurer or an insurance producer who is its agent or indirectly under any premium finance plan or extension of credit.

�� (4) �Nonrenewal� means a notice by an insurer to the named insured that the insurer is unwilling to renew a policy.

�� (5) �Policy� means any insurance policy that provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on individually owned private passenger vehicles, including pickup and panel trucks and station wagons, that are not used as a public or livery conveyance for passengers, nor rented to others. However, ORS

ORS 743.795

743.795; 2015 c.5 �6]

�� 742.508 Definitions for ORS 742.508 and 742.510. As used in this section and ORS 742.510:

�� (1) �Covered motor vehicle� means a private passenger motor vehicle or a self-propelled mobile home that is owned by the named insured for which a premium has been paid for coverage under this section and ORS 742.510.

�� (2) �Insured vehicle� means a motor vehicle described in the declarations for which a specific premium charge indicates that underinsured motorists coverage is afforded but the term �insured vehicle� shall not include a vehicle while used as a public or livery conveyance.

�� (3) �Private passenger motor vehicle� means a four-wheel passenger or station wagon type motor vehicle not more than 12 years old and not used as a public or livery conveyance, and includes any other four-wheel motor vehicle of the utility, pickup body, sedan delivery or panel truck type not used for wholesale or retail delivery.

�� (4)(a) �Uninsured vehicle� means:

�� (A) A vehicle with respect to the ownership, maintenance or use of which there is no collectible property damage insurance, in at least the amounts or limits prescribed under ORS 806.070 (2)(c) applicable at the time of the accident with respect to any person or organization legally responsible for the use of such vehicle, or with respect to which there is such collectible insurance applicable at the time of the accident but the insurance company writing the same denies coverage thereunder or, within two years of the date of the accident, such company writing the same becomes voluntarily or involuntarily declared bankrupt or for which a receiver is appointed or becomes insolvent. It shall be a disputable presumption that a vehicle is uninsured in the event the insured and the insurer, after reasonable efforts, fail to discover within 90 days from the date of the accident, the existence of valid and collectible property damage insurance applicable at the time of the accident.

�� (B) A hit-and-run vehicle as defined in subsection (5) of this section.

�� (C) A phantom vehicle as defined in subsection (5) of this section.

�� (b) As used in this section and ORS 742.510, �uninsured vehicle� does not include:

�� (A) An insured vehicle;

�� (B) A vehicle which is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law;

�� (C) A vehicle which is owned by the United States of America, Canada, a state, a political subdivision of any such government or an agency of any of the foregoing;

�� (D) A land motor vehicle or trailer, if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle;

�� (E) A farm-type tractor or equipment designed for use principally off public roads, except while actually upon public roads; or

�� (F) A vehicle owned by or furnished for the regular or frequent use of the insured or any member of the household of the insured.

�� (5) As used in this section:

�� (a) �Hit-and-run vehicle� means a vehicle that causes damage to the covered vehicle of an insured arising out of physical contact between the vehicles, provided:

�� (A) There cannot be ascertained the identity of either the operator or the owner of such hit-and-run vehicle;

�� (B) The insured or someone on behalf of the insured reports the accident within 72 hours to a police, peace or judicial officer, to the Department of Transportation or to the equivalent department in the state where the accident occurred, and files with the insurer within 30 days thereafter a statement under oath that the insured or the legal representative of the insured has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in support thereof; and

�� (C) At the insurer�s request, the insured or the legal representative of the insured makes available for inspection the vehicle which was insured at the time of the accident.

�� (b) �Phantom vehicle� means a vehicle that causes damage to the covered vehicle of an insured, although there is no physical contact between the vehicles, provided:

�� (A) There cannot be ascertained the identity of either the operator or the owner of such phantom vehicle;

�� (B) The facts of such accident can be corroborated by competent evidence other than the testimony of the insured or any passenger in the insured motor vehicle; and

�� (C) The insured or someone on behalf of the insured shall have reported the accident within 72 hours to a police, peace or judicial officer, to the Department of Transportation or to the equivalent department in the state where the accident occurred, and shall have filed with the insurer within 30 days thereafter a statement under oath that the insured or the legal representative of the insured has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in support thereof. [Formerly 743.796; 2003 c.175 �3]

�� Note: 742.508 and 742.510 [formerly

ORS 746.110

746.110. [Formerly 736.020; 1979 c.870 �1; 1981 c.752 �15; 1989 c.413 �2; 2003 c.802 �174; 2005 c.22 �485]

�� 731.046 Exemption of policies from Securities Law. Any policy, other than a variable annuity policy, whose form has been filed with and approved by the Director of the Department of Consumer and Business Services is exempt from the application of ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995, and the marketing of such policy is likewise exempt. [1967 c.359 �10; 2007 c.393 �2]

�� 731.050 [Repealed by 1965 c.241 �3]

DEFINITIONS GENERALLY

�� 731.052 Insurance Code definitions. Except where the context otherwise requires, the definitions given in the Insurance Code govern its construction. [1967 c.359 �11]

�� 731.056 �Action.� �Action� means any action, suit or legal proceeding. [1967 c.359 �12]

�� 731.060 [Repealed by 1965 c.241 �3]

�� 731.062 [1967 c.359 �13; 1991 c.810 �1; 2001 c.191 �20; 2003 c.364 �1; renumbered 731.104 in 2003]

�� 731.066 �Authorized,� �unauthorized� insurer. (1) An �authorized� insurer is one authorized by a subsisting certificate of authority to transact insurance in this state.

�� (2) An �unauthorized� insurer is one not so authorized. [1967 c.359 �14]

�� 731.069 �Certificate,� �certificate holder.� (1) �Certificate� means a written statement evidencing the coverage of a person insured under a group insurance policy.

�� (2) �Certificate holder� means an employee or member of a group insured under a group insurance policy. [1981 c.752 �11]

�� 731.070 [Repealed by 1965 c.241 �3]

�� 731.072 �Certificate of authority,� �license.� (1) A �certificate of authority� is one issued by the Director of the Department of Consumer and Business Services pursuant to the Insurance Code evidencing the authority of an insurer to transact insurance in this state.

�� (2) A �license� is authority granted by the director pursuant to the Insurance Code for the licensee to engage in a business or operation of insurance in this state other than as an insurer, and the certificate by which such authority is evidenced. [1967 c.359 �15]

�� 731.074 �Commercial liability insurance.� (1) �Commercial liability insurance� means insurance for a business, professional, nonprofit or governmental entity against legal, contractual or assumed liability for death, injury or disability of any human, or for damage to property, arising out of acts or omissions in the course of the conduct of the entity.

�� (2) �Commercial liability insurance� does not include the following lines of insurance or classes of business:

�� (a) Marine and transportation insurance;

�� (b) Wet marine and transportation insurance;

�� (c) FAIR plans and automobile assigned risk insurance;

�� (d) Workers� compensation and employers� liability insurance;

�� (e) Nuclear liability insurance;

�� (f) Fidelity and surety insurance;

�� (g) Hazardous waste and environmental impairment insurance;

�� (h) Aviation insurance; or

�� (i) Commercial automobile insurance.

�� (3) As used in this section, �commercial automobile� means a four wheel passenger or station wagon type of vehicle used as a public or private conveyance, including a motor vehicle of the utility, pickup, sedan delivery or panel truck type used for wholesale or retail delivery, and a farm truck. [1987 c.774 �32]

�� Note: 731.074 was added to and made a part of the Insurance Code but was not added to ORS chapter 731 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 731.075 �Covered life.� �Covered life� means a subscriber, policyholder, certificate holder, spouse, dependent child or any other individual insured under an insurance policy or whose benefits are administered by a third party administrator licensed under ORS

ORS 748.201

748.201, as that agreement is described in ORS 748.211 (1).

�� (2) �Benefit member� means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract.

�� (3) �Certificate� means the document issued as written evidence of the benefit contract.

�� (4) �Impaired� means either:

�� (a) For a society that does not write variable contracts, whenever its assets are less than its total liabilities; or

�� (b) For a society that does write variable contracts, whenever its assets are less than its total liabilities, plus the required surplus for a mutual life insurer to write such contracts.

�� (5) �Laws� means the society�s articles of incorporation, constitution and bylaws, however designated.

�� (6) �Lodge� means subordinate member units of the society, known as camps, courts, councils, branches or by any other designation.

�� (7) �Premiums� means premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate.

�� (8) �Rules� means all rules, regulations or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society.

�� (9) �Society� means fraternal benefit society, unless otherwise indicated. [1987 c.490 �2]

�� 748.105 [Formerly 740.010; repealed by 1987 c.490 �58]

�� 748.106 Description of fraternal benefit society. Any corporation, society, order, supreme lodge or voluntary association, without capital stock, conducted solely for the benefit of its members and their beneficiaries and not-for-profit, operated on a lodge system with ritualistic form of work, having a representative form of government and which provides benefits in accordance with this chapter is hereby declared to be a fraternal benefit society. [1987 c.490 �3]

�� 748.109 Conditions constituting �operating on a lodge system.� (1) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least once each month in furtherance of the purposes of the society.

�� (2) A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of the children, nor shall the children have a voice or vote in the management of the society. [1987 c.490 �4]

�� 748.110 [Formerly 740.020; repealed by 1987 c.490 �58]

�� 748.112 Conditions constituting �representative form of government.� A society has a representative form of government when:

�� (1) It has a supreme governing body constituted as:

�� (a) An assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society�s laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two-thirds of the votes and not less than the number of votes required to amend the society�s laws. The assembly shall be elected and shall meet at least once every four years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society�s laws; or

�� (b) A board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society�s laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four years. Vacancies on the board between elections may be filled in the manner prescribed by the society�s laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society�s laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society;

�� (2) The officers of the society are elected either by the supreme governing body or by the board of directors;

�� (3) Only benefit members are eligible for election to the supreme governing body and the board of directors; and

�� (4) Each voting member has one vote. No vote may be cast by proxy. [1987 c.490 �5]

�� 748.115 [Formerly 740.030; repealed by 1987 c.490 �58]

�� 748.120 [1967 c.359 �601; repealed by 1987 c.490 �58]

SOCIETIES GENERALLY

�� 748.121 Purposes, operation and powers. (1) The purposes of a society, as specified in subsection (2) of this section, may be carried out directly by the society, or indirectly through subsidiary corporations or affiliated organizations.

�� (2) A society shall operate for the benefit of members and their beneficiaries by:

�� (a) Providing benefits as specified in ORS 748.201; and

�� (b) Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members, which may also be extended to others.

�� (3) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members and the management of its affairs. It shall have the power to change, alter, add to or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society. [1987 c.490 �6]

�� 748.123 Membership; eligibility; admission process; privileges. (1) A society shall specify in its laws or rules:

�� (a) Eligibility standards for each and every class of membership, provided that, if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than 15 years of age and not greater than 21 years of age;

�� (b) The process for admission to membership for each membership class; and

�� (c) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.

�� (2) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.

�� (3) Membership rights in the society are personal to the member and are not assignable. [1987 c.490 �7]

�� 748.125 [1987 c.490 �42; 1989 c.413 �18; repealed by 1991 c.182 �20]

ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS

�� 748.130 Principal office; publications; annual statement synopsis; complaints. (1) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province or territory in which the society has at least one lodge or in any other location as determined by the supreme governing body, and all business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in English.

�� (2) A society may provide in its laws for an official publication in which any notice, report or statement required by law to be given to members, including notice of election, may be published. The required notices, reports or statements shall be printed conspicuously in the publication. If the records of a society show that two or more members have the same mailing address, an official publication mailed to one member is deemed to be mailed to all members at the same address unless a member requests a separate copy.

�� (3) Not later than June 1 of each year, a synopsis of the society�s annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society�s official publication.

�� (4) A society may provide in its laws or rules for grievance or complaint procedures for members. [1987 c.490 �8]

�� 748.133 Formation. A domestic society organized on or after January 1, 1988, shall be formed as follows:

�� (1) Seven or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit society, may make and sign articles of incorporation. The articles shall be acknowledged before some officer competent to take acknowledgment of deeds and shall state:

�� (a) The proposed corporate name of the society, which shall not so closely resemble the name of any society or insurance company as to be misleading or confusing;

�� (b) The purposes for which it is being formed and the mode in which its corporate powers are to be exercised. The purposes shall not include more liberal powers than are granted by this chapter;

�� (c) The names and residences of the incorporators and the names, residences and official titles of all the officers, trustees, directors or other persons who are to have and exercise the general control of the management of the affairs and funds of the society until their successors are elected by the supreme governing body; and

�� (d) A plan for the election of officers, trustees and directors by the supreme governing body. The election shall be held not later than one year from the date of issuance of the permanent certificate of authority.

�� (2) The articles of incorporation, duly certified copies of the society�s bylaws and rules, copies of all proposed forms of certificates, applications therefor and circulars to be issued by the society and a bond conditioned upon the return to applicants of the advanced payments if the organization is not completed within one year shall be filed with the Director of the Department of Consumer and Business Services, who may require such further information as the director deems necessary. The bond with sureties approved by the director shall be in an amount, not less than $300,000 nor more than $1,500,000 as required by the director. All documents filed are to be in English. If the purposes of the society conform to the requirements of this chapter and all provisions of the law have been complied with, the director shall so certify, retain and file the articles of incorporation and furnish the incorporators a preliminary certificate of authority authorizing the society to solicit members as provided in this chapter.

�� (3) No preliminary certificate of authority granted under the provisions of this section shall be valid after one year from its date or after any further period, not exceeding one year, as may be authorized by the director upon cause shown, unless the 500 applicants required have been secured and the organization has been completed as provided in this chapter. The articles of incorporation and all other proceedings thereunder shall become null and void in one year from the date of the preliminary certificate of authority, or at the expiration of the extended period, unless the society has completed its organization and received a certificate of authority to do business as provided in this chapter.

�� (4) Upon receipt of a preliminary certificate of authority from the director, the society may solicit members for the purpose of completing its organization, shall collect from each applicant the amount of not less than one regular monthly premium in accordance with its tables of rates and shall issue to each applicant a receipt for the amount collected. No society shall incur any liability other than for the return of the advance premium, nor issue any certificate, nor pay, allow or offer or promise to pay or allow, any benefit to any person until:

�� (a) Actual bona fide applications for benefits have been secured on not less than 500 applicants, and any necessary evidence of insurability has been furnished to and approved by the society;

�� (b) At least 10 lodges have been established into which the 500 applicants have been admitted;

�� (c) There has been submitted to the director, under oath of the president or secretary, or corresponding officer of the society, a list of such applicants, giving their names, addresses, date each was admitted, name and number of the lodge of which each applicant is a member, amount of benefits to be granted and premiums therefor; and

�� (d) It has been shown to the director, by sworn statement of the treasurer, or corresponding officer of such society, that at least 500 applicants have each paid in cash at least one regular monthly premium as herein provided, which premiums in the aggregate amount to at least $150,000. The advance premiums shall be held in trust during the period of organization and if the society has not qualified for a certificate of authority within one year, as provided in this chapter, the premiums shall be returned to the applicants.

�� (5) The director may make any examination and require any further information that the director deems advisable. Upon presentation of satisfactory evidence that the society has complied with all the provisions of law, the director shall issue to the society a certificate of authority to that effect and that the society is authorized to transact business pursuant to the provisions of this chapter. The certificate of authority shall be prima facie evidence of the existence of the society at the date of the certificate. The director shall cause a record of the certificate of authority to be made. A certified copy of the record may be given in evidence with like effect as the original certificate of authority.

�� (6) An incorporated society authorized to transact business in this state at the time this chapter becomes effective shall not be required to reincorporate. [1987 c.490 �9]

�� 748.135 [Formerly 740.090; repealed by 1987 c.490 �58]

�� 748.136 Officers, governors, directors; exemption from liability; indemnification; insurance. (1) The officers and members of the supreme governing body or any subordinate body of a society shall not be personally liable for any benefits provided by a society.

�� (2) Any person may be indemnified and reimbursed by any society for expenses reasonably incurred by, and liabilities imposed upon, the person in connection with or arising out of any action, suit or proceeding, whether civil, criminal, administrative or investigative, or threat of any action, suit or proceeding, in which the person may be involved by reason of the fact that the person is or was a director, officer, employee or agent of the society or of any firm, corporation or organization which the person served in any capacity at the request of the society. Except as provided in subsection (3) of this section, a person shall not be indemnified or reimbursed:

�� (a) In relation to any matter in such action, suit or proceeding as to which the person shall finally be adjudged guilty of breach of a duty as a director, officer, employee or agent of the society; or

�� (b) In relation to any matter in such action, suit or proceeding, or threat of such action, suit or proceeding, which has been made the subject of a compromise settlement.

�� (3) A person described in subsection (2) of this section may be indemnified if:

�� (a) The person acted in good faith for a purpose the person reasonably believed to be in or not opposed to the best interests of the society; and

�� (b) In a criminal action or proceeding, the person had no reasonable cause to believe that the conduct of the person was unlawful.

�� (4) The determination whether the conduct of the person met the standard required in order to justify indemnification and reimbursement in relation to any matter described in subsection (2) of this section may be made only by the supreme governing body or board of directors by a majority vote of a quorum consisting of persons who were not parties to the action, suit or proceeding, or by a court of competent jurisdiction. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of no contest, as to the person shall not in itself create a conclusive presumption that the person did not meet the standard of conduct required in order to justify indemnification and reimbursement. The right of indemnification and reimbursement described in this section shall not be exclusive of other rights to which the person may be entitled as a matter of law and shall inure to the benefit of the person�s heirs, executors and administrators.

�� (5) A society shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the society, or who is or was serving at the request of the society as a director, officer, employee or agent of any other firm, corporation or organization against any liability asserted against the person and incurred by the person in any such capacity or arising out of the person�s status as such, whether or not the society would have the power to indemnify the person against liability under this section. [1987 c.490 �10]

�� 748.139 Waiver of provisions by subordinate body. The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. This provision shall be binding on the society and every member and beneficiary of a member. [1987 c.490 �11]

�� 748.140 [Formerly 740.100; repealed by 1987 c.490 �58]

�� 748.142 Amendment of society laws. (1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. The referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission, a majority of the members voting have signified their consent to the amendment by one of the methods specified in this chapter.

�� (2) No amendment to the laws of any domestic society shall take effect unless approved by the Director of the Department of Consumer and Business Services. The director shall approve the amendment if the director finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects and purposes of the society. Unless the director shall disapprove any such amendment within 60 days after the filing, the amendment shall be considered approved. The approval or disapproval of the director shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. In case the director disapproves the amendment, the reasons shall be stated in the written notice.

�� (3) Within 90 days from the approval by the director, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments, or synopses thereof, stating facts which show that the amendments have been duly addressed and mailed, shall be prima facie evidence that the amendments, or synopsis thereof, have been furnished to the addressee.

�� (4) Every foreign or alien society authorized to do business in this state shall file with the director a duly certified copy of all amendments of, or additions to, its laws within 90 days after the enactment of the amendments.

�� (5) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, shall be prima facie evidence of the legal adoption thereof. [1987 c.490 �12]

�� 748.144 Creation and operation of other organizations and entities. (1) A society may create, maintain and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by ORS 748.121 (2)(b). Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held or leased by the society for this purpose shall be reported in every annual statement.

�� (2) No society shall own or operate funeral homes or undertaking establishments. [1987 c.490 �13]

�� 748.145 [Formerly 740.110; repealed by 1987 c.490 �58]

�� 748.148 Consolidation and merger. (1) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with the Director of the Department of Consumer and Business Services:

�� (a) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;

�� (b) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition of the society on a date fixed by the director but not earlier than December 31, next preceding the date of the contract;

�� (c) A certificate of the officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds vote of the supreme governing body of each society, the vote being conducted at a regular or special meeting of each body, or, if the society�s laws so permit, by mail; and

�� (d) Evidence that at least 60 days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official publication of each society.

�� (2) If the director finds that the contract is in conformity with the provisions of this section, that the financial statements are correct and that the consolidation or merger is just and equitable to the members of each society, the director shall approve the contract and issue a certificate to that effect. Upon approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In such event the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of such state or territory and a certificate of approval filed with the director of this state or, if the laws of such state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the director of insurance of such state or territory and a certificate of approval filed with the director of this state.

�� (3) Upon the consolidation or merger becoming effective as provided in this chapter, all the rights, franchises and interests of the consolidated or merged societies in and to every species of property, real, personal or mixed, and things in action thereunto belonging shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein, vested under the laws of this state in any of the societies consolidated or merged, shall not revert or be in any way impaired by reason of the consolidation or merger, but shall vest absolutely in the society resulting from or remaining after consolidation or merger.

�� (4) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that the notice or document has been duly addressed and mailed, shall be prima facie evidence that the notice or document has been furnished the addressees. [1987 c.490 �15]

�� 748.150 [Formerly 740.120; repealed by 1987 c.490 �58]

�� 748.155 [Formerly 740.140; repealed by 1987 c.490 �58]

�� 748.160 [Formerly 740.040; repealed by 1987 c.490 �58]

�� 748.165 [Formerly 740.510; repealed by 1987 c.490 �58]

�� 748.170 [1967 c.359 �609; repealed by 1987 c.490 �58]

LICENSING AND REINSURANCE

�� 748.171 Certificate of authority. (1) A fraternal benefit society must obtain and maintain a certificate of authority in the manner provided for insurers in the Insurance Code.

�� (2) A certified copy or duplicate of the certificate of authority shall be prima facie evidence that the holder thereof is a fraternal benefit society within the meaning of this chapter. [1987 c.490 �28; 1989 c.413 �19; 1991 c.182 �10]

�� 748.174 Certificate of authority for foreign or alien society. No foreign or alien society shall transact business in this state without a certificate of authority issued by the Director of the Department of Consumer and Business Services. Any foreign or alien society desiring admission to this state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. Any foreign or alien society may be authorized to transact business in this state upon a showing that its assets are invested in accordance with the provisions of this chapter and upon filing with the director:

�� (1) A duly certified copy of its articles of incorporation;

�� (2) A copy of its bylaws, certified by its secretary or corresponding officer;

�� (3) A power of attorney to the director as required by the director;

�� (4) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the director, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province or country, satisfactory to the director;

�� (5) Certification from the proper official of its home state, territory, province or country that the society is legally incorporated and licensed to transact business in the state, territory, province or country;

�� (6) Copies of its certificate forms; and

�� (7) Such other information as the director may deem necessary. [1987 c.490 �30; 1991 c.182 �11]

�� 748.175 [1967 c.359 �610; repealed by 1987 c.490 �58]

�� 748.177 Authorization as mutual life insurance company. Any domestic fraternal benefit society may be converted and authorized as a mutual life insurance company by compliance with all the requirements of the insurance laws of this state for mutual life insurance companies. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of the plan, or if the society is organized under the direct election method pursuant to ORS 748.112 (1)(a), the plan of conversion shall be submitted by mail to the benefit members. The affirmative vote of two-thirds of the benefit members voting thereon shall be necessary for the approval of the plan. No conversion shall take effect unless approved by the Director of the Department of Consumer and Business Services who may give approval if the director finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society. [1987 c.490 �16; 1991 c.182 �12]

�� 748.181 Insurance producers; licensing. Insurance producers of societies shall be licensed in accordance with the provisions of ORS chapter 744 regulating the licensing, revocation, suspension or termination of license of resident and nonresident insurance producers. [1987 c.490 �34; 1989 c.701 �75; 2003 c.364 �168]

�� 748.184 Reinsurance. (1) A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, having the power to make reinsurance and authorized to do business in this state, or if not authorized, one which is approved by the Director of the Department of Consumer and Business Services, but no society may reinsure substantially all of its insurance in force without the written permission of the director. The society may take credit for the reserves on such ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed or otherwise becoming effective after January 1, 1988, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.

�� (2) Notwithstanding the limitation in subsection (1) of this section, a society may reinsure the risks of another society in a consolidation or merger approved by the director under ORS 748.148. [1987 c.490 �14]

�� 748.185 [Formerly 740.160; repealed by 1987 c.490 �58]

�� 748.190 [1967 c.359 �612; repealed by 1987 c.490 �58]

BENEFITS, BENEFICIARIES AND CONTRACTS GENERALLY

�� 748.201 Benefits. (1) A society may provide in any form the following contractual benefits:

�� (a) Death benefits;

�� (b) Endowment benefits;

�� (c) Annuity benefits;

�� (d) Temporary or permanent disability benefits;

�� (e) Hospital, medical or nursing benefits;

�� (f) Monument or tombstone benefits to the memory of deceased members; and

�� (g) Such other benefits as authorized for life insurers and which are not inconsistent with this chapter, upon determination by the Director of the Department of Consumer and Business Services that the society is in compliance with all the requirements for a mutual life insurer to write such benefits.

�� (2) A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits in subsection (1) of this section, consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person. [1987 c.490 �17]

�� 748.204 Beneficiaries. (1) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.

�� (2) A society may make provision for the payment of funeral benefits to the extent of the portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member, provided the portion paid shall not exceed $1,000.

�� (3) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of the benefit, except to the extent that funeral benefits may be paid as provided in this chapter, shall be payable to the personal representative of the deceased insured, provided that if the owner of the certificate is other than the insured the proceeds shall be payable to that owner. [1987 c.490 �18]

�� 748.205 [1967 c.359 �613; repealed by 1987 c.490 �58]

�� 748.207 Benefits exempt from execution. No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society, shall be liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society. [1987 c.490 �19]

�� 748.210 [1967 c.359 �614; repealed by 1987 c.490 �58]

�� 748.211 Benefit contract; certificate. (1) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided. The certificate, together with any riders or indorsements attached to it, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each, shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state. The laws of the society need not be stated in full in the certificate, except as provided in this section. A copy of the application for insurance and declaration of insurability, if any, shall be indorsed upon or attached to the certificate. All statements on the application shall be representations and not warranties. Any waiver of this provision shall be void.

�� (2) Any changes, additions or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries, and shall govern and control the benefit contract in all respects the same as though the changes, additions or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition or amendment shall destroy or diminish benefits which the society contracted to give the owner as of the date of issuance.

�� (3) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application.

�� (4) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there be paid by the owner to the society the amount of the owner�s equitable proportion of the deficiency as ascertained by its board, and that if the payment is not made:

�� (a) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or

�� (b) In lieu of or in combination with paragraph (a) of this subsection, the owner may accept a proportionate reduction in benefits under the certificate.

�� (5) The society may specify the manner of the election of the alternatives specified in subsection (4) of this section and which alternative is to be presumed if no election is made.

�� (6) Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions of the documents.

�� (7) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with and approved by the Director of the Department of Consumer and Business Services, and is subject to withdrawal of approval, in the manner provided for like policies issued by life and health insurers in this state. Every life, accident, health or disability insurance certificate and every annuity certificate issued on or after one year from January 1, 1988, shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life and health insurers in this state, except that a society may provide for a grace period for payment of premiums of one full month in its certificates. The certificates shall also contain a provision stating the amount of premiums which are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society�s laws or rules in force at the time of issuance of the certificate which, if violated, shall result in the termination or reduction of benefits payable under the certificate. In addition, except for contracts issued on a variable basis as authorized by ORS 748.409, the certificate shall contain a provision stating the substance of the society�s laws required under subsections (4) and (5) of this section. If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the required premium.

�� (8) Benefit contracts issued on the lives of persons below the society�s minimum age for adult membership may provide for transfer of control or ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to effect this transfer, and may provide in all other respects for the regulation, government and control of the certificates and all rights, obligations and liabilities incident thereto and connected therewith. Ownership rights prior to the transfer shall be specified in the certificate.

�� (9) A society may specify the terms and conditions on which benefit contracts may be assigned. [1987 c.490 �20; 1991 c.182 �13]

�� 748.215 [1967 c.359 �615; repealed by 1987 c.490 �58]

�� 748.216 [Formerly 740.740; repealed by 1969 c.336 �21]

�� 748.220 [1967 c.359 �616; repealed by 1987 c.490 �58]

�� 748.225 [Formerly 740.640; repealed by 1987 c.490 �58]

�� 748.230 [Formerly 740.200; repealed by 1987 c.490 �58]

�� 748.235 [Formerly 740.650; repealed by 1987 c.490 �58]

�� 748.240 [Formerly 740.660; repealed by 1987 c.490 �58]

�� 748.305 [1967 c.359 �621; repealed by 1987 c.490 �58]

GROUP BENEFITS

�� 748.306 Authority for group benefit certificates. A fraternal benefit society may provide in its laws, in addition to other benefits provided, for the issuance of group benefit certificates if on the date when it enters upon business it has admitted assets which are greater than the sum of its accrued liabilities and reserves under all of its certificates when valued according to standards required for certificates issued after June 8, 1967. [1987 c.490 �36]

�� 748.309 Group membership; lodges. (1) Group benefit certificates may provide for the payment of benefits in the event of the death, or death and disability, of:

�� (a) Persons engaged in a common enterprise or employment.

�� (b) The employees of any employer.

�� (2) Group certificates may be issued with or without medical examination and without limitation as to age.

�� (3) The society shall organize the persons or employees into a lodge or lodges with officers selected in the same manner as officers of other lodges and subject to the provisions of the laws of the society.

�� (4) Not less than 50 persons may be admitted to membership under one group without medical examination. [1987 c.490 �37]

�� 748.310 [1967 c.359 �622; repealed by 1987 c.490 �58]

�� 748.312 Membership in lodges organized under ORS 748.309. If provided in the laws of the society, other persons may become members of a lodge organized under ORS

ORS 757.522

757.522 to 757.536. [2009 c.751 �8]

�� Note: See note under 757.522.

VOLUNTARY EMISSION REDUCTION PROGRAM

�� 757.539 Eligibility criteria; contents of application; project proposal processes; recovery of costs; rate cap; report to Legislative Assembly. (1) As used in this section, �emission� means any anthropogenic gas, such as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

�� (2) The Public Utility Commission shall establish a voluntary emission reduction program for the purposes of incentivizing public utilities that furnish natural gas to invest in projects that reduce emissions and providing benefits to customers of public utilities that furnish natural gas.

�� (3) As part of the emission reduction program, the commission shall establish eligibility criteria for projects. The eligibility criteria must include:

�� (a) That the public utility requesting the project be a public utility that furnishes natural gas and that the project involve the provision of natural gas;

�� (b) That the project directly or indirectly reduce emissions;

�� (c) That the project benefit customers of the public utility as identified by the commission by rule or order;

�� (d) That the public utility, without the emission reduction program, would not invest in the project in the ordinary course of business;

�� (e) That the public utility, prior to filing an application under subsection (4) of this section, involve stakeholders as required by the commission by rule or order; and

�� (f) That the rate impact of the aggregate of all projects undertaken by a public utility under this section not exceed an amount established by the commission by rule or order.

�� (4) For each project that a public utility proposes under this section, the public utility must file with the commission an application. An application filed under this subsection must include:

�� (a) A description of the project;

�� (b) The projected amount of capital and operating costs necessary to complete and operate the project;

�� (c) The projected amount of reduced emissions created by the project;

�� (d) The potential of the project to reduce emissions not identified in paragraph (c) of this subsection;

�� (e) The projected date on which the project will become operational;

�� (f) A requested method, as described in subsection (8) of this section, for recovery of costs incurred and investments made and for the receipt of additional incentives;

�� (g) An explanation of why the public utility, without the emission reduction program, would not invest in the project in the ordinary course of business;

�� (h) Proof of stakeholder involvement;

�� (i) The projected rate impact of the project;

�� (j) The projected aggregate rate impact of all projects proposed by the public utility under this section and approved by the commission for the public utility under this section;

�� (k) An explanation of how the public utility will provide the commission with progress updates during the life of the project, including updates on costs and reduced emissions associated with the project; and

�� (L) Any other information required by the commission by rule or order.

�� (5)(a) The commission shall establish a two-tiered process for submitting a project proposal under the emission reduction program. For the purpose of establishing the tiers, the commission shall:

�� (A) Establish a threshold for overall project cost; and

�� (B) Establish a threshold for overall project cost per metric ton of reduced emissions.

�� (b) If a proposed project meets both the threshold described in paragraph (a)(A) of this subsection and the threshold described in paragraph (a)(B) of this subsection, the project is a tier one project subject to the requirements of subsection (6) of this section. If a proposed project does not meet the threshold described in paragraph (a)(A) of this subsection or the threshold described in paragraph (a)(B) of this subsection, the project is a tier two project subject to the requirements of subsection (7) of this section.

�� (6) For tier one projects, the commission shall:

�� (a) Provide interested parties with an opportunity to submit written comment in response to the proposed project;

�� (b) Hold a public hearing to address all submitted written comments; and

�� (c) Issue a final order on the proposed project within 90 days of receiving the application for the project, or at a later time as authorized by the public utility.

�� (7) For tier two projects, the commission shall:

�� (a) By rule or order, provide interested parties with an opportunity to submit testimony in response to the proposed project and be heard; and

�� (b) Issue a final order on the proposed project within 180 days of receiving the application for the project, or at a later time as authorized by the public utility.

�� (8) If a final order issued under subsection (6)(c) or (7)(b) of this section authorizes a project, the order shall specify:

�� (a) The type of ratepayer from whom the public utility that submitted the project proposal may recover costs incurred and investments made and receive any allowed additional incentives. A public utility may recover costs incurred and investments made and receive any allowed additional incentives from a type of ratepayer under this paragraph only if the commission makes a finding that the type of ratepayer receives a benefit from the project. If the commission makes a finding that more than one type of ratepayer receives a benefit from the project, the commission shall allow recovery of costs incurred and investments made and receipt of any allowed additional incentives from each type of ratepayer in an amount that is proportionate to the proportion of the benefit received, as determined by the commission, by the type of ratepayer.

�� (b) The method by which the public utility that submitted the project proposal may recover costs incurred and investments made and receive any allowed additional incentives, and the amount that the public utility may recover and receive. Methods of recovery and receipt include:

�� (A) Payment per unit of reduced emissions;

�� (B) Preapproval for inclusion in the public utility�s rates of costs prudently incurred and of investments prudently made;

�� (C) Return of investment and return on investment; and

�� (D) Any other method approved by the commission by rule or order.

�� (9) For purposes related to the emission reduction program established under this section, the commission may consider the amount of reduced emissions created by a project or the value of reduced emissions created by a project.

�� (10) The commission shall establish a rate cap for each public utility for which a project is authorized under this section. The rate cap must limit the cost of all of the public utility�s projects authorized under this section to an amount that does not exceed a percentage of the public utility�s revenue requirement as identified by the commission by rule or order.

�� (11) The commission shall biennially conduct a study on whether federal law or regulation or other state laws or rules provide adequate incentives for public utilities that furnish natural gas to invest in projects that reduce emissions in the ordinary course of business. The commission shall report the results of a study conducted under this subsection, and may make recommendations for legislation, to the Legislative Assembly in the manner described in ORS 192.245 not later than February 1 of each odd-numbered year. [2013 c.607 �2; 2015 c.24 �1]

�� 757.540 [Amended by 1971 c.655 �53; renumbered 756.568]

�� 757.541 [1987 c.599 �1; repealed by 1995 c.691 �8]

OREGON UTILITY NOTIFICATION CENTER

�� 757.542 Definitions for ORS 757.542 to 757.562. As used in ORS 757.542 to 757.562 and 757.993:

�� (1) �Business day� means any 24-hour day other than a Saturday, Sunday or federal or state legal holiday.

�� (2) �Damage� means harm to or destruction of underground facilities including, but not limited to, the weakening of structural, lateral or subjacent support; the penetration, impairment or destruction of any coating, housing or other protective device; and the denting of, penetration into or severance of underground facilities.

�� (3) �Excavation� means any operation in which earth, rock or other material on or below the ground is moved or otherwise displaced by any means, except sidewalk, road and ditch maintenance less than 12 inches in depth that does not lower the road grade or original ditch flow line. �Excavation� does not include the tilling of soil for agricultural purposes conducted on private property that is not within the boundaries of a recorded right of way or easement for underground facilities.

�� (4) �Excavator� means any person who engages in excavation.

�� (5) �Operator� means any person, public utility, municipal corporation, political subdivision of the state or other person with control over underground facilities.

�� (6) �Underground facilities� means items partially or entirely below the surface of the ground for use in connection with the storage or conveyance of electrical energy, water, sewage, petroleum products, gas, gaseous vapors or hazardous liquids, or the transmission of electronic, telephonic, telegraphic or cable communications. Such items include, but are not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles or anchors that are underground.

�� (7) �Unlocatable underground facilities� means underground facilities that cannot be marked with reasonable accuracy, including nonconductive sewers and nonmetallic underground facilities that have no trace wires. [1995 c.691 �1]

�� Note: 757.542 to 757.562 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.545 [Repealed by 1971 c.655 �250]

�� 757.546 [1987 c.599 �2; repealed by 1995 c.691 �8]

�� 757.547 Oregon Utility Notification Center; board; member qualifications; terms; meetings; rules. (1)(a) The Oregon Utility Notification Center is created as an independent not-for-profit public corporation. The corporation shall be governed by a board of directors consisting of one member appointed to represent each of the following:

�� (A) Cities with a population of 25,000 or more;

�� (B) Cities with a population under 25,000;

�� (C) Counties;

�� (D) Natural gas utilities regulated by the Public Utility Commission under ORS chapter 757;

�� (E) Electric utilities regulated by the Public Utility Commission under ORS chapter 757;

�� (F) Water districts, special districts, sanitary districts or water and sanitary authorities;

�� (G) Telecommunications utilities serving fewer than 50,000 access lines and regulated by the Public Utility Commission under ORS chapter 759;

�� (H) Telecommunications utilities serving 50,000 access lines or more and regulated by the Public Utility Commission under ORS chapter 759;

�� (I) Telecommunications cooperatives;

�� (J) Electric cooperatives;

�� (K) People�s utility districts;

�� (L) Contractors;

�� (M) Excavators;

�� (N) Railroads;

�� (O) Cable system operators; and

�� (P) Municipal electric utilities.

�� (b) To facilitate appointment of members of the first board of directors, the Public Utility Commission shall, by order, select organizations that are most representative of each of the groups set forth in paragraph (a) of this subsection. Each organization so selected may nominate a member for the board and may, within the time allowed by the commission�s order, submit the name of the nominee to the Governor, who shall consider the nominee before making any other appointment to the board.

�� (c) After appointment of the first board of directors, to facilitate appointment of new members to the board, the board shall, by rule, select organizations that are most representative of each of the groups set forth in paragraph (a) of this subsection. Each organization so selected may nominate a member for the board and may, within the time allowed by rule, submit the name of the nominee to the Governor, who shall consider the nominee before making any other appointment to the board.

�� (d) If the board of directors determines that a group not listed in paragraph (a) of this subsection should be represented on the board, the board may select an organization that is most representative of the group and may ask that organization to nominate a member. Upon receipt of the nomination, the board may request that the Governor appoint the nominee.

�� (e) The Governor shall also appoint to the board of directors one employee of the commission and one employee of the Department of Transportation.

�� (2) The term of office of a member is four years. A member is eligible for reappointment. Before the expiration of the term of a member, the board of directors shall solicit a nomination as provided in subsection (1) of this section and the Governor shall appoint a successor. If there is a vacancy for any cause, the board shall solicit a nomination as provided in subsection (1) of this section and the Governor shall make an appointment to become immediately effective for the unexpired term. A member may continue to serve until a successor is appointed. Nothing in this subsection or subsection (1) of this section shall restrict the authority of the Governor to appoint a person other than one of the persons nominated according to this subsection or subsection (1) of this section.

�� (3) The board of directors shall select one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers as the board considers necessary for the performance of the functions of those offices. A minimum of seven of the members of the board constitutes a quorum for the transaction of business.

�� (4) The board of directors shall meet at least once every three months at a time and place determined by the board. The board shall meet at such other times and places specified by the call of the chairperson or of a majority of the members of the board. [1995 c.691 �2; 1999 c.451 �2]

�� Note: See note under 757.542.

�� 757.550 [Repealed by 1971 c.655 �250]

�� 757.551 [1987 c.599 �3; repealed by 1995 c.691 �8]

�� 757.552 Duties of center; fees for services; rules; exemption from certain financial administration laws. (1) It is the function of the board of directors to operate the Oregon Utility Notification Center, through which a person shall notify operators of underground facilities of proposed excavations and request that the underground facilities be marked.

�� (2) The board of directors shall:

�� (a) Utilize a competitive process to contract with any qualified person to provide the notification required under subsection (1) of this section.

�� (b) Subject to subsection (3) of this section, establish rates, on a per call basis, under which subscribers shall pay to fund all of the activities of the Oregon Utility Notification Center.

�� (c) Adopt rules according to ORS chapter 183 that regulate the notification and marking of underground facilities to prevent damage to underground facilities. The rules, insofar as is practicable, shall be consistent with the Oregon Utilities Coordinating Council Standards Manual of March 31, 1995.

�� (3) The Oregon Utility Notification Center shall have all of the powers of a state agency. Except as provided in subsection (2) of this section, the provisions of ORS

ORS 772.010

772.010 may also condemn:

�� (1) The rights of riparian proprietors in any lake or stream, to enable such corporation to develop, manufacture or furnish electrical energy for the operation of any railway in this state.

�� (2) Lands for the sites of reservoirs for storing water for future use, and for rights of way for feeders carrying water to reservoirs, and for ditches, canals, flumes or pipelines carrying the same away. [Amended by 1971 c.655 �236]

�� 772.055 Condemnation procedure. No condemnation of private property shall be made under ORS 772.010 to 772.020 or 772.030 to 772.050 until compensation is made to the owner thereof, irrespective of any increased value thereof by reason of the proposed improvement by such corporation, in the manner provided in ORS chapter 35.

�� 772.060 Condemnation rights for change of grade or location of railway, canal or pipes. Any corporation may change the grade or location of its railway, canal or pipes for the purpose of avoiding annoyances to public travel or dangerous or deficient curves or grades, or unsafe or unsubstantial grounds or foundation, or for other like reasonable causes. For the accomplishment of such change it has the same right to enter upon, examine, survey and appropriate the necessary lands and materials as in the original location and construction of such railway, canal or water pipes. [Amended by 1971 c.655 �237]

�� 772.065 Appropriation of county road or property in lieu thereof by agreement with county court. (1) Whenever it is necessary for any corporation mentioned in ORS 772.010 to appropriate all or part of any county road or highway for right of way, the corporation may appropriate so much of the road as may be necessary, and in lieu thereof may condemn or otherwise acquire property contiguous to or as near adjacent to the road as possible in an amount equal to the property to be appropriated.

�� (2) Upon construction by the corporation of a county road or highway on the property so acquired in a manner conformable in the material character of the construction of said highways appropriated and upon the same grade or such other grade as may be agreed upon by the corporation and the county court or board of county commissioners of the county in which the road is located, and upon the acceptance by the county court or board of such newly constructed road, and on the conveyance of same to the county, the corporation shall then become the owner and entitled to the possession of so much of the county road or highway so appropriated.

�� (3) ORS 772.065 and 772.070 do not apply to roads or streets within any platted or incorporated city or town, or any addition thereto.

�� 772.070 Procedure on dispute between county and corporation. (1) If the county court or board of county commissioners and corporation cannot agree upon the matters of appropriation under ORS 772.065, the dispute shall be referred to the Public Utility Commission.

�� (2) The commission, after notice and hearing, shall by order determine the terms and conditions upon which the corporation may appropriate the county road or highway. [Amended by 1971 c.655 �238]

�� 772.100 [Repealed by 1971 c.655 �250]

APPROPRIATION OF PUBLIC LANDS FOR RAILROADS

�� 772.105 Authority to appropriate. (1) When it is necessary or convenient in the location of any railway to appropriate any part of any public road, street, alley or public grounds not within the corporate limits of a municipal corporation, the county court of the county wherein such road, street, alley or public grounds is located, may agree with the corporation constructing the road, upon the extent, terms and conditions upon which the same may be appropriated or used, and occupied by such corporation. If the parties are unable to agree, the corporation may appropriate so much thereof as is necessary and convenient in the location and construction of the road.

�� (2) Whenever a private corporation is authorized to appropriate any public highway or grounds as mentioned in subsection (1) of this section, within the limits of any town, whether incorporated or not, such corporation shall locate their road upon such particular road, street, alley or public grounds, within such town as the local authorities designate. If the local authorities fail to make such designation within a reasonable time when requested, the corporation may make such appropriation without reference thereto. [Amended by 1971 c.655 �239]

�� 772.110 [Repealed by 1971 c.655 �250]

�� 772.115 [Repealed by 1971 c.655 �250]

�� 772.120 [Repealed by 1971 c.655 �250]

�� 772.125 [Amended by 1953 c.160 �3; repealed by 1971 c.655 �250]

�� 772.130 [Repealed by 1971 c.655 �250]

�� 772.135 [Repealed by 1971 c.655 �250]

�� 772.140 [Repealed by 1971 c.655 �250]

�� 772.145 [Repealed by 1971 c.655 �250]

�� 772.150 [Repealed by 1971 c.655 �250]

�� 772.155 [Repealed by 1971 c.655 �250]

�� 772.160 [Repealed by 1971 c.655 �250]

CONDEMNATION BY PUBLIC UTILITIES AND ELECTRICAL COOPERATIVE ASSOCIATIONS

�� 772.205 Definitions for ORS 772.210 and 772.215. As used in ORS 772.210 and 772.215, unless the context requires otherwise:

�� (1) �Electrical cooperative association� means a cooperative association which is subject to a tax on gross revenue derived from the use or operation of transmission and distribution lines pursuant to ORS 308.805 to 308.820.

�� (2) �Public utility� has the meaning given that term in ORS 757.005.

�� (3) �Service facilities� include any line, wire, pipe, conduit, main, pump, pole, tower, fixture, structure, shop, office or building for any use or purpose reasonably necessary and incident to the conduct of the business of a public utility.

�� (4) �Transmission company� has the meaning given that term in ORS 758.015. [Amended by 1971 c.655 �240; 1977 c.225 �1; 2001 c.913 �8]

�� 772.210 Right of entry and condemnation of lands for construction of service facilities. (1) Any public utility, electrical cooperative association or transmission company may:

�� (a) Enter upon lands within this state in the manner provided by ORS 35.220 for the purpose of examining, locating and surveying the line thereof and also other lands necessary and convenient for the purpose of construction of service facilities, doing no unnecessary damage thereby.

�� (b) Condemn such lands not exceeding 100 feet in width for its lines (including poles, towers, wires, supports and necessary equipment therefor) and in addition thereto, other lands necessary and convenient for the purpose of construction of service facilities. If the lands are covered by trees that are liable to fall and constitute a hazard to its wire or line, any public utility or transmission company organized for the purpose of building, maintaining and operating a line of poles and wires for the transmission of electricity for lighting or power purposes may condemn such trees for a width not exceeding 300 feet, as may be necessary or convenient for such purpose.

�� (2) Notwithstanding subsection (1) of this section, any public utility, electrical cooperative association or transmission company may, when necessary or convenient for transmission lines (including poles, towers, wires, supports and necessary equipment therefor) designed for voltages in excess of 330,000 volts, condemn land not to exceed 300 feet in width. In addition, if the lands are covered by trees that are liable to fall and constitute a hazard to its wire or line, such public utility or transmission company may condemn such trees for a width not exceeding 100 feet on either side of the condemned land, as may be necessary or convenient for such purpose.

�� (3) Notwithstanding subsection (1) of this section, a water or gas public utility may condemn such lands, not exceeding 50 feet in width, as may be necessary or convenient for purposes of constructing, laying, maintaining and operating its lines, including necessary equipment therefor.

�� (4) The proceedings for the condemnation of such lands shall be the same as that provided in ORS chapter 35, provided that any award shall include, but shall not be limited to, damages for destruction of forest growth, premature cutting of timber and diminution in value to remaining timber caused by increased harvesting costs. [Amended by 1963 c.138 �1; 1971 c.655 �241; 1977 c.225 �2; 2001 c.913 �9; 2003 c.477 �10]

�� 772.215 Appropriation of public lands. When it is necessary or convenient, in the location of any poles or lines mentioned in ORS 772.210, to appropriate any part of any public road, street, alley or public grounds not within the corporate limits of any municipal corporation, the county court or board of county commissioners of the county within which such road, street, alley or public grounds is located, may agree with the public utility or electrical cooperative association upon the extent, terms and conditions upon which the same may be appropriated or used and occupied by such corporation. If such parties are unable to agree, the public utility or electrical cooperative association may condemn so much thereof as is necessary and convenient in the location and construction of the poles or lines. The provisions of ORS chapter 35 are applicable to condemnations under this section. [Amended by 1971 c.655 �242; 1971 c.741 �24; 1977 c.225 �3]

�� 772.220 [Repealed by 1971 c.655 �250]

CONDEMNATION FOR DRAINAGE OR IRRIGATION

�� 772.305 Condemnation of right of way for drainage or irrigation. (1) The United States, the state, or any person, firm, cooperative, association or corporation, shall have the right of way across and upon public, private and corporate lands or other rights of way, for the construction, maintenance, repair and use of all necessary reservoirs, dams, water gates, canals, ditches, flumes, tunnels, pipelines or other means of securing, storing and conveying water for irrigation or for drainage, or any other beneficial purpose, upon payment of just compensation therefor.

�� (2) But such right of way shall in all cases be so constructed, obtained, located and exercised in a manner consistent with proper and economical and engineering construction, so as not to unnecessarily impair practical use of any other right of way, highway or public or private road, nor to unnecessarily injure any public or private property.

�� (3) Such right of way may be acquired in the manner provided by law for the taking of private property for public use. If a water right permit is required under the applicable provisions of ORS chapter 537 in order to use, store or convey water within the right of way, a person, firm, cooperative, association or corporation may not acquire a right of way under this subsection before obtaining a water right permit or obtaining a final order of the Water Resources Department approving an application for a water right permit.

�� (4) In determining just compensation under subsection (1) of this section for a right of way across forestlands, consideration shall be given, but not limited to, the effect of the right of way on:

�� (a) Access to the whole of the affected parcel;

�� (b) Ease and method of timber harvesting or other commercial uses of the affected parcel; and

�� (c) Any agricultural or silvicultural activities on the affected parcel, including but not limited to application of chemicals, cultivation or harvesting activities and movement of equipment associated with any of the above activities. [Amended by 1989 c.509 �1; 1995 c.365 �8]

�� 772.310 Right to enlarge existing irrigation system. (1) When the United States, the state, or any person, firm or corporation desires to convey water for irrigation, drainage or for any other beneficial purpose, and there is a canal or ditch already constructed that can be enlarged to convey the required quantity of water, then the United States, the state, or any such person, firm or corporation, or the owner or owners of the land through which a new canal or ditch would have to be constructed to convey the quantity of water necessary, may enlarge the canal or ditch already constructed, by compensating the owner of the canal or ditch to be enlarged for the damages, if any, caused by the enlargement.

�� (2) The enlargement may be made at any time between October 1 and March 1, but not any other times, unless upon agreement in writing with the owner or owners of the canal or ditch.

�� (3) If a water right permit is required under the applicable provisions of ORS chapter 537 in order to use, store or convey water within the enlargement, a person, firm, cooperative, association or corporation may not acquire an enlargement under this section before obtaining a water right permit or obtaining a final order of the Water Resources Department approving an application for a water right permit. [Amended by 1989 c.509 �2; 1995 c.365 �9]

�� 772.315 [Repealed by 1971 c.655 �250]

CONDEMNATION BY CORPORATIONS FOR REDUCTION OF ORES, MINING, QUARRIES, LUMBERING AND TRANSPORTATION OF MINING PRODUCTS

�� 772.405 Condemnation by corporations for reduction of ores. (1) Every corporation organized for the construction and operation of mills, smelters and other works for the reduction of ores authorized to do business within the state may condemn lands and property for the discharge and natural distribution of smoke, fumes and dust from such works in the manner provided by ORS chapter 35.

�� (2) The use of lands by such corporation for the purpose of the discharge and natural distribution of smoke, fumes and dust from any such mill, smelter or other works for the reduction of ores, under the conditions prescribed in this section hereby is declared to be a public use.

�� (3) The right of eminent domain shall not be exercised by such corporation:

�� (a) Beyond a radius of four miles from such mill, smelter or other works for the reduction of ores.

�� (b) On any land situated within a radius of five miles of the corporate limits of any city in the state.

�� (c) Until after such corporation has acquired the right to use 50 percent of the area of the lands within a radius of four miles from the mill, smelter or other works for the reduction of ores.

�� 772.410 Right of entry and condemnation by mining, quarrying and lumber corporations. Any corporation organized for the purpose of opening or operating any gold, silver, or copper vein or lode, or any coal or other mine, or any marble, stone or other quarry, or for cutting or transporting timber, lumber, or cordwood, or for the manufacture of lumber:

�� (1) May construct and operate railroads, skid roads, tramways, chutes, pipelines and flumes between such points as may be indicated in their articles of incorporation.

�� (2) May enter upon any land between such points in the manner provided by ORS 35.220 for the purpose of examining, locating and surveying the line of such railroads, skid roads, tramways, chutes, pipelines and flumes, doing no unnecessary damage thereby.

�� (3) May condemn so much of said land as may be necessary for the purposes of this section, not exceeding 60 feet in width by a condemnation action as prescribed by ORS chapter 35. [Amended by 1953 c.559 �3; 2003 c.477 �11]

�� 772.415 Public benefit and use of facilities constructed under ORS 772.410. (1) Railroads, skid roads, tramways, chutes, pipelines or flumes constructed under ORS 772.410 shall be deemed to be for public benefit.

�� (2) Such railroad shall afford to all persons equal facilities for the transportation of freight upon payment or tender of reasonable compensation therefor, but shall not be required to carry passengers.

�� (3) Such skidway, tramway, chute, pipeline or flume shall afford to all persons equal facilities in the use thereof for the purpose to which they are adapted, upon tender or payment of the reasonable compensation for such use. [Amended by 1953 c.559 �3]

�� 772.420 Condemnation for transportation of minerals; conditions of reversion. (1) Any person requiring land for a right of way for the transportation of the products of mines located in this state may acquire such land for such purposes in the manner and subject to the rights, privileges and liabilities under ORS 376.505 to 376.540.

�� (2) Lands acquired under this section shall not revert to the original owner, the heirs and assigns of the original owner, until their use as contemplated in this section has ceased for a period of five years.

CONDEMNATION BY PIPELINE AND GAS COMPANIES

�� 772.505 Definitions for ORS 772.505 to 772.520. As used in ORS 772.505 to 772.520, unless the context otherwise requires:

�� (1) �Pipeline� includes pipes, lines, natural gas mains or lines and their appurtenances, including but not limited to pumps and pumping stations, used in transporting or distributing fluids, including petroleum and petroleum products or natural gases.

�� (2) �Pipeline company� includes any corporation, partnership or limited partnership, transporting, selling or distributing fluids, including petroleum products, or natural gases and those organized for constructing, laying, maintaining or operating pipelines, which are engaged, or which propose to engage in, the transportation of such fluids or natural gases. [Amended by 1971 c.655 �242a; 1989 c.821 �1]

�� 772.510 Right of entry and condemnation by pipeline companies. (1) Any pipeline company that is a common carrier and that is regulated as to its rates or practices by the United States or any agency thereof, may enter in the manner provided by ORS 35.220 upon lands within this state outside the boundaries of incorporated cities.

�� (2) This right may be exercised for the purpose of examining, surveying and locating a route for any pipeline, but it shall not be done so as to create unnecessary damage.

�� (3) These pipeline companies may appropriate and condemn such lands, or easements thereon or thereover, in such width as is reasonably necessary to accomplish their pipeline company purposes, by proceedings for condemnation as prescribed by ORS chapter 35. [Amended by 1971 c.655 �243; 1989 c.821 �2; 2003 c.477 �12]

�� 772.515 Regulation concerning location of facilities. (1) Whenever such pipelines are laid along a public road, they shall be placed as closely as practicable to the extreme outside edge of the right of way of such road.

�� (2) With the exception of pumping, compressor, regulator or meter station buildings, no pipes or pipelines shall pass under any building in this state. Such pipes or pipelines shall not pass through or under any cemetery except by the consent of the owner thereof.

�� (3) When cultivated lands are appropriated under ORS 772.510, such pipes and pipelines shall be well buried under ground, in conformance with federal pipeline safety regulations in effect at the time of construction, and such surface shall be properly and promptly restored by such pipeline company unless otherwise consented to by the owner of such land.

�� (4) When unimproved lands of another are appropriated under ORS 772.510 and such lands thereafter become cultivated or improved, such pipes or pipelines shall be buried by the pipeline company as provided in subsection (3) of this section, within a reasonable time after notice by the owner of such lands, or the agent of the owner, to the pipeline company or its agent. [Amended by 1989 c.821 �3]

�� 772.520 Resolution showing route and termini of pipeline. (1) Prior to the filing of any condemnation action under ORS 772.510, the pipeline company shall adopt a resolution showing the approximate route and termini of the proposed pipeline, or the extension or branch of any existing pipeline.

�� (2) A copy of this resolution, certified by the pipeline company, shall be filed in the office of the Secretary of State, in the office of each county clerk of those counties where such pipeline, extension or branch of an existing pipeline is proposed to be constructed, and also in the office of the Public Utility Commission. [Amended by 1989 c.821 �4]

�� 772.525 [Repealed by 1971 c.655 �250]

�� 772.555 [Repealed by 1971 c.655 �250]

�� 772.560 [Repealed by 1971 c.655 �250]

�� 772.605 [Repealed by 1971 c.655 �250]

CONDEMNATION FOR UNDERGROUND NATURAL GAS STORAGE

�� 772.610 Definitions for ORS 772.610 to 772.625. As used in ORS 772.610 to 772.625, unless the context otherwise requires:

�� (1) �Natural gas company� means every corporation, company, association, joint stock association, partnership or person authorized to do business in this state and engaged in the transportation, distribution or underground storage of natural gas.

�� (2) �Pipeline� has the meaning given that term in ORS 772.505 (1).

�� (3) �Underground reservoir� means any subsurface sand, strata, formation, aquifer, cavern or void whether natural or artificially created, suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom, but excluding a �pool.�

�� (4) �Underground storage� means the process of injecting and storing natural gas within and withdrawing natural gas from an underground reservoir. [1977 c.296 �8; 1989 c.821 �5]

�� 772.615 Condemnation for underground reservoirs; applicability of ORS chapter 35. Any natural gas company may condemn for its use for the underground reservoir, as well as other property or interests in property which may be necessary to adequately maintain and utilize the underground reservoir for the underground storage of natural gas, including easements and rights of way for access to and egress from the underground storage reservoir. The provisions of ORS chapter 35 and ORS 520.340 and 520.350 are applicable to any condemnation action brought under this section. [1977 c.296 �9]

�� 772.620 Placement of pipeline facilities. (1) Whenever a pipeline or appurtenance used in conjunction with the underground storage of natural gas in an underground reservoir is laid along a public road, it shall be placed as closely as practicable to the extreme outside edge of the right of way of the road.

�� (2) Such pipeline or appurtenance shall not be located under or pass through or under any cemetery, church, college, schoolhouse, residence, business or storehouse, or through or under any building in this state, except by the consent of the owner thereof.

�� (3) When cultivated lands are appropriated under ORS 772.615, such pipelines shall be well buried underground, at least 20 inches under the surface, which shall be properly and promptly restored by the natural gas company unless otherwise consented to by the owner of the land.

�� (4) When unimproved lands are appropriated under ORS 772.615 and thereafter become cultivated or improved, such pipelines shall be buried by the natural gas company as provided in subsection (3) of this section, within a reasonable time after notice by the owner of such lands, or the agent of the owner, to the natural gas company or its agent. [1977 c.296 �10]

�� 772.625 Resolution showing proposed route and termini of pipeline. (1) Prior to the filing of any condemnation action under ORS 772.615, the natural gas company shall adopt a resolution showing the approximate route and termini of any proposed pipeline, or the extension or branch of any existing pipeline, to be used in conjunction with the underground storage of natural gas, and showing the location and formation of any underground reservoir to be used for the underground storage of natural gas.

�� (2) A copy of this resolution shall be filed in the office of the Secretary of State, and also in the office of the county clerk of each county or counties where such pipeline, extension or branch of an existing pipeline, or underground reservoir is proposed to be constructed or utilized for the underground storage of natural gas, and also published in a newspaper of general circulation in each county. [1977 c.296 �11]

ORS 777.130

777.130); 1979 c.407 �3; 2017 c.165 �1]

�� 777.215 [1963 c.209 �4; repealed by 1971 c.727 �203]

�� 777.220 Port may collect certain fees from port users. A port may collect from vessels using any port facility, wharfage, dockage and drydockage; and collect from owners or consignees of goods passing over the docks and warehouses, wharfage and storage charges for goods so handled. [1971 c.728 �24 (enacted in lieu of 777.130)]

�� 777.225 [1963 c.209 �5; repealed by 1971 c.727 �203]

�� 777.230 Port may generate electric power; sale of power limited to utilities and federal agency; use of natural gas as fuel for generating facilities. (1) A port may:

�� (a) Design, erect, complete, operate and maintain all necessary hydroelectric, steam-generating, electric, oil, gasoline or other power-producing plants or systems, for the purpose of generating electrical current for lighting and power purposes.

�� (b) Acquire rights of way for the placing of transmission lines over which to carry the electrical energy required between the points of origin or production and the locations where such power may be carried for distribution, and sell, lease and dispose of same.

�� (2) This section does not authorize a port to enter into the business of supplying electric energy or services, or other power service, to municipalities or to the public, or for any purpose other than the construction or operation of docks, terminals, elevators or other shipping facilities, or in any of the work ports are authorized by law to engage in.

�� (3) Notwithstanding subsections (1) and (2) of this section, a port may construct, acquire, own or operate, by itself or with other public or private entities, electrical generating plants, electric distribution facilities and related fuel supply and steam generation and distribution facilities. However, the electric output of such plants or systems shall not be sold or delivered, directly or indirectly, to any person or other entity located within this state other than:

�� (a) An electric utility as defined in ORS 758.505; or

�� (b) The Bonneville Power Administration.

�� (4) The related fuel supply facilities of a port shall be constructed and operated for the sole purpose of furnishing fuel to the generating plants or systems owned by the port by itself or with other public or private entities.

�� (5) Except as provided in subsection (6) of this section, natural gas used to fuel the generation of electricity or energy by any port as described in subsection (3) of this section shall be purchased from or transported by an entity, if any, that is a public utility as defined in ORS 757.005 and approved by the Public Utility Commission under ORS 758.400 to 758.475 to distribute natural gas in the service territory in which the port is located.

�� (6) The rate charged a port by the public utility shall be the rate found to be reasonable by the Public Utility Commission under ORS 757.230. When reviewing the rate, the Public Utility Commission shall also determine the cost of alternatives to natural gas service from the public utility. For the purposes of this subsection, the cost of alternatives to natural gas service from the public utility is the cost incurred by a person other than a port without consideration of governmental entitlements that are available to a port but not to private persons. If the rate acceptable to the public utility and found to be reasonable by the Public Utility Commission is greater than such cost of alternatives, the port may pursue other alternatives for natural gas service. [1971 c.728 �25 (enacted in lieu of 777.130); 1985 c.773 �4; 1991 c.253 �1]

�� 777.240 Port may advertise and promote facilities, commerce and activities. A port may advertise and promote facilities and commerce of the port, activities of the port and activities of others using port facilities, through public and trade media, exhibits, fairs, trade fairs and trade tours, either alone or in cooperation with others or through associations or organizations having similar interests. [1971 c.728 �26 (enacted in lieu of 777.130); 2017 c.85 �1]

�� 777.250 Port powers with respect to development and use of its lands; industrial or research and development parks; sports, recreation, convention, trade show facilities. (1) A port may construct buildings or other improvements and acquire personal properties including but not limited to machinery and equipment considered necessary whether or not now in existence or under construction, suitable for use by any industry for the manufacturing, refining, processing or assembling of any agricultural, mining or other products or by any commercial enterprise in storing, warehousing, distributing or selling or servicing any products of agriculture, mining or industry or by any profit or nonprofit enterprise for research and development. The port has full power to lease and sell the buildings, improvements and personal property, together with the lands upon which they are situated, whether held by the port in its governmental capacity or not.

�� (2) In addition, a port may:

�� (a) Acquire and develop land, or develop land already owned, as the site for an industrial or research and development park, including as a part of such development provisions for water, sewage, drainage, roads, transportation, power, communication or other similar facilities which are incidental to the development of the site;

�� (b) Develop the site pursuant to a comprehensive plan in a manner compatible with other uses in the area in which the industrial or research and development park is located and adopt regulations necessary to implement the plan;

�� (c) Lease, sublease or sell tracts of land within an industrial or research and development park as building sites to any industry or commercial enterprise or profit or nonprofit enterprise described by this subsection; and

�� (d) Charge and collect fees for services made available within the industrial or research and development park.

�� (3) A port may acquire, construct, maintain or operate sports, recreation, convention and trade show facilities.

�� (4) For revenue bonding purposes under ORS 777.560 to 777.590, projects undertaken under this section shall be classified as either:

�� (a) Sales, if the port is to sell outright or by conditional sale its interest in the property, or, if by contract the port�s title to the property is retained for a limited term only;

�� (b) Leases, if the port is only to rent, lease, sublease or charge a user fee for the property with the intention of retaining title to, or possession of, the property for its future benefit and use; or

�� (c) Loans, if the port is to lend the proceeds of such revenue bonds and has no ownership interest in the property. [1971 c.728 �27 (enacted in lieu of 777.130); 1979 c.109 �2; 1979 c.407 �1a; 1983 c.459 �15; 1987 c.103 �2; 1997 c.171 �22]

�� 777.255 [Repealed by 1963 c.268 �21]

�� 777.258 General powers of port in promotion of certain interests. A port may, in general, do such other acts and things, not mentioned by ORS 777.195 to 777.258, as tend to promote the maritime shipping, aviation and commercial interests of the port. [1971 c.728 �28 (enacted in lieu of 777.130)]

�� 777.260 [Repealed by 1963 c.268 �21]

�� 777.262 Port dredging activities; legislative findings and purpose. (1) The Legislative Assembly finds:

�� (a) That recent changes in federal law authorize the United States Army Corps of Engineers to require ports and other local communities to provide a portion of the costs of dredging harbors and channels near those communities;

�� (b) That port districts and communities in this state cannot afford to pay the costs necessary to continue the dredging activities that are essential to keep the major harbors and waterways navigable for larger vessels in maritime trade; and

�� (c) That the State of Oregon must therefore pay for the dredging activities when ports cannot, or this state must tolerate the loss of maritime trade and commerce that will inevitably result from the halt of dredging activities.

�� (2) Therefore, it is the purpose of this section and one purpose of ORS 777.267 to provide a method of financing all or part of the nonfederal portion of the costs of dredging activities that constitute new federally authorized navigation improvements in the ports of this state when those ports are unable to finance the activities. [1989 c.1020 �1; 2013 c.621 �3]

�� Note: 777.262 and 777.267 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 777 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 777.265 [Repealed by 1963 c.268 �21]

�� 777.267 Marine Navigation Improvement Fund. (1) The Marine Navigation Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Marine Navigation Improvement Fund shall be credited to the fund. The moneys in the fund and interest earnings on the moneys in the fund are continuously appropriated to the Oregon Business Development Department for the Oregon Infrastructure Finance Authority for the purposes of:

�� (a) Paying a portion of the construction costs of dredging activities that constitute new federally authorized navigation improvement projects and are carried out in the harbors and channels on the Oregon coast and along the Columbia River when federal law or regulation requires a portion of the costs to be paid by nonfederal interests;

�� (b) Paying the study and construction costs of other new navigation improvement projects that directly support, or provide access to, a federally authorized navigation improvement project;

�� (c) Paying the study and construction costs of maintenance projects related to existing federally authorized navigation improvement projects; and

�� (d) Paying for portions of the cost of maintenance dredging projects undertaken with equipment owned by the State of Oregon at publicly owned ports and marinas.

�� (2) The Marine Navigation Improvement Fund established by this section consists of:

�� (a) Moneys appropriated or otherwise deposited into the fund by the Legislative Assembly;

�� (b) Repayment of loans made with moneys in the fund; and

�� (c) Bond proceeds deposited in the fund.

�� (3) Moneys in the fund shall be used primarily to make loans to ports for eligible projects. The authority may award a grant or provide other assistance from moneys in the fund to a port for an eligible project only if a loan is not feasible due to the financial hardship of the port or other special circumstances, as set forth in rules adopted by the department.

�� (4) Eligibility for assistance from the Marine Navigation Improvement Fund shall be limited to and funded, subject to the availability of funds, in the following order of priority:

�� (a) Maintenance projects related to existing federally authorized navigation improvement projects.

�� (b) Other new navigation improvement projects that directly support, or provide access to, a federally authorized navigation improvement project or a federally authorized navigation channel.

�� (c) New federally authorized navigation improvement projects.

�� (d) Payment of portions of the cost of maintenance dredging projects undertaken with equipment owned by the State of Oregon at publicly owned ports and marinas.

�� (5) The authority shall limit financial assistance for construction costs under subsection (1)(a) of this section to those projects that have completed all federally required studies.

�� (6) The authority shall limit financial assistance for construction costs under subsection (1)(b) of this section to projects sponsored by a port, as defined in ORS 777.005 or

ORS 777.160

777.160. The appointees shall be electors registered in the port. If the port is divided into subdistricts under ORS 777.155 or 777.326, the appointees shall be electors registered in the subdistrict represented by the vacant position. The terms of the appointees shall be determined by lot at a meeting of the board held within five days after the appointment. However, the term of an appointee shall expire on June 30 next following the succeeding regular district election at which a successor is elected. The terms of the appointees shall be arranged with the terms of the other members so that the terms of not more than three commissioners expire on June 30 next following any regular district election. [Amended by 1969 c.669 �18; 1971 c.728 �39; 1981 c.173 �53; 1983 c.83 �112; 1983 c.350 �322]

�� 777.170 [Amended by 1971 c.728 �40; 1975 c.647 �51; repealed by 1981 c.173 �54 (777.171 enacted in lieu of 777.170)]

�� 777.171 [1981 c.173 �55 (enacted in lieu of 777.170); repealed by 1983 c.350 �331a]

�� 777.175 [Repealed by 1971 c.728 �138]

�� 777.180 Powers of ports created by special laws. All ports created prior to April 17, 1920, under any special law of the Legislative Assembly of this state shall, in addition to the powers they possessed on that date, have all the powers possessed by ports under the general laws of this state, except the power to borrow money and issue bonds under ORS 777.410 and 777.415. [Amended by 1971 c.728 �41]

�� 777.185 [Amended by 1963 c.327 �1; 1971 c.545 �1; repealed by 1971 c.728 �16 (777.116 enacted in lieu of 777.185)]

�� 777.187 [1967 c.186 �2; repealed by 1971 c.728 �16 (777.116 enacted in lieu of 777.187)]

�� 777.190 Ordinances for policing or regulating of port property. A port may by ordinance in accordance with ORS 198.510 to 198.600 make, modify or abolish regulations to provide for the policing, control, regulation and management of property owned, operated, maintained or controlled by the port. A port, for the purpose of enforcing such ordinances, may appoint peace officers who shall have the same authority, for the purpose of the enforcement of the ordinances, as other peace officers. [1955 c.699 ��2,3,4; 1959 c.255 �1; 1971 c.268 �21; 1971 c.728 �42]

�� 777.195 Port may engage in certain water commerce-related activities. A port may, for hire:

�� (1) Acquire, charter, own, lease, rent, dispose of, maintain and operate towboats, barges and other watercraft for the transportation of all kinds of merchandise, freight and commercial or recreational passengers, and engage generally in maritime trade and commerce, within or without the boundaries of this state.

�� (2) Own, acquire, construct, operate and maintain railroad terminal grounds and yards; and construct, operate and maintain such line or lines of railroad, with necessary sidetrack, turnouts, switches and connection and arrangements with other common carriers, as may facilitate water commerce between common carriers and points within the port; and carry and transport freight and passengers and move passenger trains over the lines.

�� (3) Acquire, own, lease, rent, operate, maintain and dispose of unit trains and related facilities for the transportation of bulk commodities to facilities within the port from locations within or without the port. [1971 c.728 �22 (enacted in lieu of 777.130); 1979 c.109 �1; 1981 c.879 �2; 2001 c.883 �39f]

�� 777.205 [1963 c.209 �3; repealed by 1971 c.727 �203]

�� 777.210 Port may engage in certain port management activities. A port may:

�� (1) Establish, operate and maintain water transportation lines in any of the navigable waters of this state and waters tributary thereto, any portion of which may touch the boundaries of the port.

�� (2) Engage generally in the business of buying and selling coal, fuel oil and all kinds of fuel for watercraft of all kinds.

�� (3) Acquire, construct, maintain and operate sea walls, jetties, piers, wharves, docks, boat landings, warehouses, storehouses, elevators, grain bins, terminal icing plants, facilities for processing agricultural, fish or meat products, bunkers, oil tanks, ferries, canals, locks, tidal basins, bridges, subways, tramways, cableways, conveyors, power plants, power transmission lines, administration buildings and fishing terminals, and modern appliances and buildings for the economical handling, packing, storing and transportation of freight and handling of passenger traffic with full power to lease and sell the same, together with the lands upon which they are situated, whether held by the port in its governmental capacity or not.

�� (4) For the public convenience and the convenience of its shipping and commercial interests, may improve all or any portion of the waterfront of its harbors, rivers and waterways.

�� (5) Enlarge its tidal area, and construct, excavate and dredge canals and channels connecting its waterways with one another or with other waterways and the sea.

�� (6) Acquire, construct, maintain and operate airports anywhere within the port.

�� (7) Acquire, construct, maintain, operate, support, promote and invest in facilities and related activities for the propagation of fish in accordance with the commercial fishing laws.

�� (8) Acquire, construct, maintain and operate facilities for constructing, repairing or maintaining any type of watercraft. [1971 c.728 �23 (enacted in lieu of

ORS 777.953

777.953 and 777.990.

�� (3) ORS 777.530 and 777.535 apply to the Port of Portland and the Port of Portland has all powers granted to other ports under ORS 777.530 and 777.535.

�� (4) The Port of Portland shall do such things, perform such duties and exercise such powers as it may be authorized or empowered to do, perform or exercise by any Act of the legislature passed for that purpose, though not directly in amendment of this chapter. The powers granted by this chapter are in addition to other powers granted by law to the port.

�� (5) In addition to such other duties, functions and powers as may be imposed upon the Port of Portland, the port may make recommendations to the Oregon Board of Maritime Pilots. [1971 c.728 �116; 1987 c.775 �7; subsection (3) enacted as 1989 c.644 �5]

�� 778.010 District known as Port of Portland; boundaries; capacity to sue. The Portland metropolitan area is a separate district, to be known as the Port of Portland, and as such shall have perpetual succession, and by that name shall exercise and carry out all the powers and objects conferred on it by law. The port may sue and be sued, plead and be impleaded in all actions, suits or proceedings brought by or against it; provided, however, that the bonded or other indebtedness of the port that was chargeable to or a lien upon the property within the limits of the port:

�� (1) Prior to June 30, 1963, shall not be chargeable to or a lien upon all of that property which lies east of the east boundary line of range two east of the Willamette Meridian in Multnomah County; or

�� (2) Prior to June 30, 1973, shall not be chargeable to or a lien upon all that property lying within the boundaries of Clackamas and Washington Counties. [Amended by 1963 c.124 �1; 1973 c.178 �2; 2003 c.802 �152]

�� 778.015 Purposes and general powers of port. The object, purpose and occupation of the Port of Portland shall be to promote the maritime, shipping, aviation, commercial and industrial interests of the port as by law specifically authorized. Subject to ORS 778.016, the port may acquire, hold, use, dispose of and convey real and personal property, make any and all contracts the making of which is not by this chapter expressly prohibited. It may do any other acts and things which are requisite, necessary or convenient in accomplishing the purpose described or in carrying out the powers granted to it by law. The port may supply surface and air craft with fuel and other supplies at reasonable cost as may be for the best interests of the port. [Amended by 1959 c.362 �1; 1971 c.728 �104; 2013 c.689 �1]

�� 778.016 Best value standards for Port of Portland contracts and space leases. In awarding contracts and leasing spaces, the Port of Portland may establish best value standards and criteria, taking into account factors that include:

�� (1) Experience, technical capability and past performance.

�� (2) The qualifications, compensation and retention policies of bidding contractors and lessees with respect to the staff and subcontractors operating at the port.

�� (3) Potential local and regional benefit within the port, the surrounding community, the region and the state. [2013 c.689 �3]

�� 778.020 Acquisition of City of Portland property by port; assumption of bonds; election. (1) The Port of Portland may purchase or otherwise acquire all or any of the docks, wharves, elevators, terminals, dry docks and other properties of the City of Portland that are under the charge and control of the dock commission of the city.

�� (2) If the port purchases or otherwise acquires property as provided by subsection (1) of this section, the port may in payment therefor assume the payment of all or any part of the bonds, debentures and other obligations of the City of Portland issued, sold or incurred for the purpose of acquiring funds to construct, purchase or otherwise acquire the docks, wharves, elevators, terminals, dry docks or other properties. The aggregate amount of bonds, debentures and obligations so assumed shall not exceed a sum determined by the board to be the fair value of the property so acquired by the port. The limitation provided by ORS 778.030 shall not apply to bonds, debentures or other obligations assumed under this section.

�� (3) The authority granted by this section shall not be exercised without the prior approval of the electors residing within the port expressed at an election called and held within the port at which such question is submitted. [Amended by 1971 c.728 �105]

�� 778.025 Power to engage in certain commercial activities. For the use of the Port of Portland or for public convenience and the convenience of air transport, shipping, commercial and industrial development of the port and the waterfront of its harbors, rivers and waterways, the port may:

�� (1) Acquire by purchase, condemnation or other lawful method lands necessary for its use or to be improved for public convenience and the convenience of the air transport, shipping, commercial and industrial development of the port as well as all or any part of the waterfront of its harbors, rivers and waterways.

�� (2) Acquire by purchase, condemnation or other lawful method lands necessary or convenient for the purpose of depositing or dumping thereon earth, sand, gravel, rock or other material dredged or excavated, in the exercise of any of its powers, from any of the rivers or other waterways or lands within the boundaries or under the control of the port.

�� (3) Enlarge its tidal area, fill and reclaim lands, and make such disposition by use, conveyance, development or lease of lands so filled or reclaimed as it considers advisable.

�� (4) Construct, excavate and dredge canals and channels connecting its waterways with one another, with other waterways and with the sea.

�� (5) Purchase or otherwise acquire, construct, operate, maintain, lease, rent and dispose of airports, and their approaches, wharves, piers, docks, slips, warehouses, elevators, dry docks, terminals, buildings, and all other facilities and aids incident to the development, protection and operation of the port and of the air transport, shipping, commercial and industrial interests of the port, within the port, and collect wharfage, storage and other charges for the use of such facilities.

�� (6) Own, acquire, construct, purchase, lease, operate and maintain within the port lines of railroad, with sidetracks, turnouts, switches and connections with other lines of railroad, and streets, roads, water mains, sewers, pipelines, and also gas and electric conduits and lines which a utility is unwilling or unable to furnish, within or to or from the boundaries of the port; and carry and transport freight and passengers thereon and thereover for hire, and perform lighterage for hire.

�� (7) Acquire, own, lease, rent, operate, maintain and dispose of towboats, barges and other vessels for the transportation of cargo or passengers in maritime commerce on the Columbia and Snake Rivers and their tributaries, within or without the boundaries of this state.

�� (8) Acquire, own, lease, rent, operate, maintain and dispose of unit trains and related facilities for the transportation of bulk commodities to facilities within the port from locations within or without the port. [Amended by 1959 c.362 �2; 1967 c.548 �1; 1971 c.728 �106; 1973 c.178 �6; 1981 c.879 �4]

�� 778.030 Power to issue general obligation bonds; limitation; dedication of revenues; use of proceeds. (1) For the purpose of carrying into effect any of the powers granted to the Port of Portland, the port has the power to borrow money and to sell and dispose of bonds which shall constitute a general obligation of the port and be secured by the port�s full faith and credit. Such bonds outstanding at one time shall never exceed in the aggregate one and three-fourths percent of the real market value of all taxable property within the limits of the port, computed in accordance with ORS 308.207. In computing the total of bonds at any time outstanding, bonds issued for the purpose of providing funds to meet obligations assumed pursuant to ORS 778.020, shall not be included. The bonds shall be secured by the taxing power of the port as provided in ORS 778.065 (1). In addition, the port may provide that the bonds shall be payable from and secured by a lien and pledge of all or any part of the revenues derived by the port from the facilities constructed from the proceeds of the bonds.

�� (2) The port may provide for the creation of special trust funds and may authorize the appointment of a trustee to administer the same and may obligate itself to set aside and pay into a special trust fund any revenues pledged to the payment of the bonds. The port may establish and provide from available funds for the funding of debt service, operation and maintenance reserves.

�� (3) Proceeds from the sale of the bonds may also be used to pay the costs incurred in issuing the bonds, preliminary work incident to carrying out such powers, including but not limited to planning, engineering, inspection, accounting, fiscal, legal and trustee expenses and other similar expenses, and to pay interest on the bonds for such period as the port may determine, but not to exceed six months beyond completion of the facilities financed with the bonds, and to establish reserves for debt service on the bonds. [Amended by 1963 c.9 �39; 1971 c.702 �1; 1971 c.728 �107a; 1977 c.33 �1; 1991 c.459 �443]

�� 778.035 [Amended by 1971 c.728 �108; repealed by 1977 c.33 �2 (778.036 enacted in lieu of 778.035)]

�� 778.036 Issuance of bonds. Bonds authorized by ORS 778.030 shall be issued as prescribed in ORS chapter 287A. [1977 c.33 �3 (enacted in lieu of 778.035); 1981 c.94 �57; 1997 c.171 �26; 2007 c.783 �229]

�� 778.040 General obligation bond issues to be approved by electors. (1) General obligation bonds shall not be issued by the Port of Portland to provide funds for the establishment or operation of surface ship and air lines or for the payment of bonuses to either such line or lines without the approval of the electors of the port expressed at an election called and held within the port at which such question is submitted.

�� (2) Whenever the port issues general obligation bonds for purposes other than refunding general obligation bonds previously issued and for purposes other than providing funds to meet the obligations of the City of Portland assumed pursuant to ORS 778.020 in an aggregate amount equal to five percent of the present real market value of all the taxable property within the territorial limits of the port, no additional general obligation bonds shall be issued for purposes other than refunding general obligation bonds theretofore issued without the approval of the electors of the port expressed at an election within the port at which such question is submitted. [Amended by 1971 c.399 �1; 1997 c.461 �2]

�� 778.045 Amount of general obligation bonds issued in one year limited. The total amount of general obligation bonds issued by the Port of Portland in any calendar year, except for refunding bonds or bonds issued to provide funds to meet obligations assumed pursuant to ORS 778.020, shall not exceed $3 million unless a greater amount is approved by the electors of the port at an election at which such question is submitted. [Amended by 1971 c.728 �110; 1973 c.178 �7; 1997 c.461 �3]

�� 778.050 [Amended by 1971 c.728 �111; repealed by 1977 c.33 �4]

�� 778.055 [Amended by 1971 c.728 �112; repealed by 1977 c.33 �4]

�� 778.060 Expenditure of bond sale funds for operating expenses limited. The board shall not expend, within any one calendar year, from the funds derived from the sale of bonds, in excess of $500,000 to meet the operating expenses of the Port of Portland. As used in this section �operating expenses� means the maintenance of plant, structures and equipment and such dredging as may be required to preserve or restore at or to its artificial depth a channel previously excavated by the port. [Amended by 1971 c.728 �113]

�� 778.065 Port taxing power; annual limitation. The Port of Portland may each year assess, levy and collect taxes upon all taxable real and personal property situated within its boundaries as required:

�� (1) To pay principal and interest on bonds issued under ORS 778.030;

�� (2) To pay bonds, debentures and other obligations of the City of Portland assumed under ORS

ORS 86.705

86.705 to 86.815)

This instrument is recorded to provide notice of an error relating to:

Original Deed of Trust

�� County clerk instrument record #:

�� Grantor (name):

�� Trustee (name):

�� Beneficiary (name):

�� Assignee(s), if any (name(s)):

The error to be corrected is (check one):

�� [ ]� Erroneous reconveyance

�� of trust deed

�� Date of recording:

�� County clerk instrument record #:

�� [ ]� Erroneous recording of

�� Trustee�s Deed

�� Date of recording:

�� County clerk instrument record #:

The result of this error correction is (check one): [ ] The original trust deed is hereby reinstated; or [ ]�� The Trustee�s Deed is hereby set aside as though the erroneous instrument had not been recorded.

Date

Name (printed) ___

Signature

(Beneficiary of original deed of trust)

STATE OF OREGON�� )

�� )�� ss.

County of _____�� )

�� The foregoing instrument was acknowledged before me this ___ day of __, 2, by _____.

Notary Public for Oregon

My commission expires: ______

STATE OF OREGON�� )

�� )�� ss.

County of _____�� )

�� The foregoing instrument was acknowledged before me this ___ day of __, 2, by _ and by _ of _____, a corporation on behalf of the corporation.

Notary Public for Oregon

My commission expires: ______

�� (2) Reinstatement of a trust deed based on the correction of an error under this section does not affect the rights of a bona fide purchaser for value or of a bona fide purchaser for value holding a security interest in the real property if the purchaser acquired an interest after the erroneous trust deed reconveyance or trustee�s deed was recorded and before the error was corrected. [2009 c.628 �3]

�� 86.725 [1959 c.625 �20; renumbered 86.815 in 2013]

(Foreclosures)

�� 86.726 Resolution conference for foreclosure; exemptions; procedure to request conference; fee. (1)(a) Except as provided in paragraph (b) of this subsection and subsection (5) of this section, a beneficiary that intends to foreclose a residential trust deed shall first request a resolution conference with the grantor before the beneficiary or the trustee files a notice of default under ORS 86.752 or before the beneficiary brings suit under ORS 88.010.

�� (b)(A) The requirement to request or participate in a resolution conference with a grantor in accordance with subsection (2) or (3) of this section does not apply to a beneficiary if the beneficiary submits to the Attorney General a sworn affidavit that states that during the preceding calendar year the beneficiary did not commence or cause an affiliate, subsidiary or agent of the beneficiary to commence more than 30 actions to foreclose a residential trust deed by advertisement and sale under ORS 86.752 or by suit under ORS 88.010. A beneficiary that is a trustee shall include as part of the total number of foreclosure actions that the beneficiary commenced in the previous calendar year all foreclosure actions that the beneficiary commenced under ORS 86.752 or

ORS 86.790

86.790; 2025 c.32 �77]

�� 86.715 Trust deed deemed to be mortgage on real property; applicability of mortgage laws. A trust deed is deemed to be a mortgage on real property and is subject to all laws relating to mortgages on real property except to the extent that such laws are inconsistent with the provisions of ORS 86.705 to 86.815, in which event the provisions of ORS 86.705 to 86.815 shall control. For the purpose of applying the mortgage laws, the grantor in a trust deed is deemed the mortgagor and the beneficiary is deemed the mortgagee. [1959 c.625 �21]

�� 86.720 Reconveyance upon performance; liability for failure to reconvey; release of trust deed. (1) Within 30 days after performance of the obligation secured by the trust deed, the beneficiary shall deliver a written request to the trustee to reconvey the estate of real property described in the trust deed to the grantor. Within 30 days after the beneficiary delivers the written request to reconvey to the trustee, the trustee shall reconvey the estate of real property described in the trust deed to the grantor. In the event the obligation is performed and the beneficiary refuses to request reconveyance or the trustee refuses to reconvey the property, the beneficiary or trustee so refusing shall be liable as provided by ORS 86.140 in the case of refusal to execute a discharge or satisfaction of a mortgage on real property. The trustee may charge a reasonable fee for all services involved in the preparation, execution and recordation of any reconveyance executed pursuant to this section.

�� (2) If a full reconveyance of a trust deed has not been executed and recorded pursuant to the provisions of subsection (1) of this section within 60 calendar days of the date the obligation secured by the trust deed was fully satisfied, then:

�� (a) If the obligation was satisfied by a title insurance company or insurance producer or by payment through an escrow transacted by a title insurance company or insurance producer, upon the written request of the grantor or the grantor�s successor in interest, the tender of reasonable charges and the compliance with the notice requirements of subsection (3) of this section, the title insurance company or insurance producer shall prepare, execute and record a release of trust deed.

�� (b) Upon compliance with the notice requirements of subsection (3) of this section, any title insurance company or insurance producer may prepare, execute and record a release of trust deed.

�� (3) Prior to the issuance and recording of a release pursuant to this section, the title insurance company or insurance producer shall give notice of the intention to record a release of trust deed to the beneficiary of record and, if different, the party to whom the full satisfaction payment was made. The notice shall:

�� (a) Provide that the parties to whom the notice is sent shall have a period of 30 days from the date of mailing to send to the title insurance company or insurance producer their written objections to the execution and recording of the release of trust deed;

�� (b) Be sent by first class mail with postage prepaid, addressed to the named interested parties at their last-known addresses, including post office boxes; and

�� (c) Identify the trust deed by the name of the original grantor and any successor in interest on whose behalf payment was made and by the recording reference.

�� (4) The release of trust deed shall recite on the first page that it has been executed and recorded pursuant to the provisions of this section. The release shall be properly acknowledged and shall set forth:

�� (a) The name of the beneficiary to whom the payment was made;

�� (b) The name of the original grantor of the trust deed and any successor in interest on whose behalf payment was made;

�� (c) The recording reference to the trust deed that is to be released;

�� (d) A recital that the obligation secured by the trust deed has been paid in full;

�� (e) The date and amount of payment;

�� (f) The date of mailing of notice required by this section; and

�� (g) A recital that no written objections were received by the title insurance company or insurance producer.

�� (5) The release of trust deed executed pursuant to this section shall be entitled to recordation and, when recorded, shall be deemed to be the equivalent of a reconveyance of a trust deed.

�� (6) The title insurance company or insurance producer shall not record or cause to be recorded a release of trust deed when any of the following circumstances exist:

�� (a) The 30-day period following notice given under this section has not expired; or

�� (b) Written objection to such recordation has been received by the title insurance company or insurance producer from any of the parties to whom notice was sent.

�� (7) The trustee, title insurance company or insurance producer may charge a reasonable fee for all services involved in the preparation, execution, recordation and compliance with this section, to effect the release of trust deed.

�� (8) Subsection (2) of this section does not excuse the beneficiary or trustee from compliance with subsection (1) of this section.

�� (9) In addition to any other remedy provided by law, a title insurance company or insurance producer preparing, executing or recording a release of trust deed shall be liable to any party for damages that the party sustains by reason of the negligence or willful misconduct of the title insurance company or insurance producer in connection with the issuance, execution or recording of the release pursuant to this section. Except as provided in subsection (10) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

�� (10) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (9) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

�� (11) As used in this section, �insurance producer� means an authorized issuer of title insurance policies of a title insurance company who is licensed as an insurance producer for that purpose pursuant to ORS chapter 744.

�� (12) Subsections (2) to (11) of this section shall be applicable only to full reconveyances of the property described in the trust deed and not to reconveyances of parts or portions of the property.

�� (13) Subsections (1) to (12) of this section are applicable to all trust deeds, whether executed before, on or after November 4, 1993.

�� (14) A title insurance company or agent is not required to prepare, execute and record a release of trust deed under subsections (2) to (12) of this section if the obligation secured by the trust deed was satisfied prior to November 4, 1993. [1959 c.625 �18; 1993 c.648 �2; 1995 c.696 �15; 2001 c.254 �1; 2003 c.364 �49; 2017 c.251 �2]

�� 86.722 Correction of error concerning status or effect of trust deed; rights of bona fide purchaser. (1) To correct an error concerning the status or effect of a recorded trust deed, a person may present an instrument to the county clerk for recording in the deed and mortgage records of the county, and the county clerk shall record the instrument if it otherwise meets the requirements for an instrument to be recorded under ORS chapter 205 and is in substantially the following form:

CORRECTION OF ERROR(S)

IN THE DEED AND MORTGAGE

RECORDS RELATING TO

A TRUST DEED

(ORS

ORS 86.990

86.990�� Penalties

REAL PROPERTY MORTGAGES

�� 86.010 Nature of mortgagee�s interest. A mortgage of real property is not a conveyance so as to enable the owner of the mortgage to recover possession of the property without a foreclosure and sale. This section is not intended as a limitation upon the right of the owner of real property to mortgage or pledge the rents and profits thereof, nor as prohibiting the mortgagee or pledgee of such rents and profits, or any trustee under a mortgage or trust deed from entering into possession of any real property, other than farmlands or the homestead of the mortgagor or successor in interest, for the purpose of operating the same and collecting the rents and profits thereof for application in accordance with the provisions of the mortgage or trust deed or other instrument creating the lien, nor as any limitation upon the power of a court of equity to appoint a receiver to take charge of the property and collect the rents and profits thereof.

�� 86.020 Covenant to pay money not implied. No mortgage shall be construed as implying a covenant for the payment of the sum thereby secured. When there is no express covenant for such payment contained in the mortgage, and no bond or other separate instrument to secure such payment shall have been given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

�� 86.030 Absolute deed as a mortgage. When a deed purports to be an absolute conveyance in terms, but is made or intended to be made defeasible by a deed of defeasance or other instrument, the original conveyance shall not be thereby defeated or affected as against any person other than the maker of the defeasance, or the heirs or devisees of the maker, or persons having actual notice thereof, unless the instrument of defeasance is recorded with the recording officer of the county where the lands lie.

�� 86.040 Improvements on mortgaged lands. No person shall sell, dispose of, remove or damage any building or other improvements upon mortgaged lands. All such improvements are deemed a part of the mortgaged property and are subject to the mortgage lien. When any improvements are removed from the mortgaged premises in violation of this section, the mortgagee may follow and regain possession of such improvements wherever found or may recover the reasonable value thereof from the person removing them.

�� 86.050 Payment of taxes and other charges by mortgagee. Whenever a mortgagor fails to pay when due any taxes, assessments, interest on prior mortgages, insurance premiums or other charges necessary to be paid for the protection of the lien of a mortgagee, the mortgagee may pay the same, and such payments shall be added to the mortgage debt and secured by the mortgage held by the mortgagee, and shall bear interest at the same rate as specified in the mortgage. This section applies only to mortgages executed after June 3, 1929, and does not affect the right of parties to specifically contract otherwise than as provided in this section.

�� 86.060 Assignment of mortgage. Mortgages may be assigned by an instrument in writing, executed and acknowledged with the same formality as required in deeds and mortgages of real property, and recorded in the records of mortgages of the county where the land is situated.

�� 86.070 [Repealed by 1965 c.252 �1]

�� 86.080 Record of assignment not notice to mortgagor. The recording of the assignment of a mortgage is not of itself notice of such assignment to the mortgagor, or the heirs or personal representatives of the mortgagor, so as to invalidate a payment made by any of them to the mortgagee.

�� 86.090 [Repealed by 1965 c.252 �1]

�� 86.095 Acts not affecting priority of lien of credit instrument. (1) Actions that do not affect the priority granted to the lien of a credit instrument at the time it is first received for recordation shall include but shall not be limited to:

�� (a) Renegotiation or adjustment of the initial interest rate provided in the note or the credit instrument, upward or downward, which may increase or decrease the amount of periodic payments or may extend or shorten the term of the credit instrument, or both;

�� (b) An increase in the underlying obligation secured by the credit instrument during any part of the term of the credit instrument as a result of deferment of all or a portion of the interest payments and the addition of such payments to the outstanding balance of the obligation;

�� (c) Execution of new notes at designated intervals during the term of the credit instrument that reflect changes made pursuant to paragraph (a) or (b) of this subsection;

�� (d) Extension of the term of the credit instrument;

�� (e) Substitution of a note if there is no increase in the principal amount to be paid under the note;

�� (f) Modification of periodic payments required under the note if there is no increase in the principal amount due under the note; or

�� (g) Advances made under ORS 86.155.

�� (2) As used in this section, the addition of accrued interest to the principal amount of the underlying obligation is not an increase in the principal amount.

�� (3) As used in this section, �credit instrument� includes a mortgage, a line of credit instrument, a deed of trust and a contract for sale of real property. [1981 c.304 �2; 1987 c.716 �2; 1991 c.246 �1; 2001 c.20 �1]

�� 86.100 Discharge of mortgage. Any mortgage shall be discharged of record whenever there is presented to the recording officer a certificate executed by the mortgagee, or the personal representatives or assigns of the mortgagee, acknowledged or proved and certified as prescribed by law to entitle conveyances to be recorded, specifying that such mortgage has been paid or otherwise discharged. Every such certificate, and the proof or acknowledgment thereof, shall be recorded at full length. [Amended by 1965 c.252 �2]

�� 86.110 Discharge of record by owner and holder of mortgage note who is not the mortgagee of record. (1) Whenever a promissory note secured by mortgage on real property is transferred by indorsement without a formal assignment of the mortgage, and the mortgage is recorded, the mortgage, upon payment of the promissory note, may be discharged of record by the owner and holder of the promissory note making and filing with the appropriate recording officer a certificate, verified by oath, proving the satisfaction of mortgage and declaring, in substance, that the owner and holder is the owner and holder of the note secured by the mortgage by indorsement of the mortgagee and that the note has been fully paid and proving that fact to the satisfaction of the recording officer.

�� (2) Upon receiving the certificate, the recording officer shall record the document and index the document as a satisfaction of mortgage. The record shall have the same effect as a deed of release of the mortgagee duly acknowledged and recorded. [Amended by 1965 c.252 �3; 2001 c.577 �1]

�� 86.120 Discharge of mortgage on real property; effect of discharge. No mortgage upon real property shall be discharged except as provided in ORS 86.110 or by the person appearing upon the records of the county where the mortgage is recorded to be the owner thereof. A discharge of the mortgage by such person shall operate to free the land described in the mortgage from the lien of the mortgage as against all subsequent purchasers and incumbrances for value and without notice.

�� 86.130 Discharge by foreign executors, administrators, conservators and guardians. Foreign executors, administrators, conservators and guardians may discharge mortgages upon the records of any county upon recording with the recording officer of the county in which the mortgage is recorded a certified copy of their letters testamentary, or of administration, or of guardianship or of conservatorship. The certificate shall include a statement that the letters are in effect, and the certificate shall be recorded in the mortgage records. [Amended by 1973 c.506 ��2,44]

�� 86.140 Liability of mortgagee for failure to discharge mortgage. If any mortgagee or the personal representative or assignee of the mortgagee, after full performance of the condition of the mortgage before or after a breach thereof, shall, within 30 days after being thereto requested, and after tender of reasonable charges, fail to discharge the same, or to execute and acknowledge a certificate of discharge or release thereof, that person shall be liable to the mortgagor, or the heirs or assigns of the mortgagor, in the sum of $500 damages and also for all actual damages occasioned by such failure, to be recovered in an action at law. The owner and holder of the promissory note referred to in ORS 86.110 is deemed the personal representative of the mortgagee for the purposes of this section. [Amended by 1955 c.29 �1; 1955 c.512 �1; 1993 c.648 �1]

�� 86.150 Loan agreements and promissory notes to state maximum prepayment privilege penalty. (1) Any person making a loan having a loan period of more than three years secured by a mortgage or by a trust deed on real property located in this state shall, with respect to such loan, expressly and clearly state on the loan agreement and promissory note any maximum prepayment privilege penalty. The statement shall include the maximum prepayment penalty applicable for prepayment during the first year of the loan period and for each year thereafter.

�� (2) Violation of subsection (1) of this section with respect to a loan agreement or promissory note shall render any prepayment privilege penalty provision in the agreement void.

�� (3) �Loan agreement� as used in this section means a written document issued in connection with a particular loan which sets forth the terms upon which the loan will be made. �Loan agreement� does not include a mortgage or trust deed which secures a promissory note. Nothing in this section shall be deemed to require a lender to issue a loan agreement.

�� (4) This section does not apply to any loan agreement executed on or before September 13, 1967, or any loan not primarily for personal, family or household use. [1967 c.336 ��1,2; 1987 c.716 �3]

�� 86.155 Priority of line of credit instrument as to certain advances; procedure to limit indebtedness in residential line of credit instrument. (1) As used in this section:

�� (a) �Credit agreement� means any promissory note, loan agreement or other agreement that provides for advances subsequent to the date of recording of the line of credit instrument that secures the note or agreement.

�� (b) �Line of credit instrument� means a mortgage or trust deed that secures a consumer or commercial credit agreement and creates a lien on specified real property up to a stated amount, provided that the front page of the mortgage or trust deed, or a memorandum thereof:

�� (A) Contains the legend �line of credit mortgage,� �line of credit trust deed� or �line of credit instrument� either in capital letters or underscored above the body of the mortgage or trust deed;

�� (B) States the maximum principal amount to be advanced pursuant to the credit agreement; and

�� (C) States the term or maturity date, if any, of the credit agreement exclusive of any option to renew or extend the term or maturity date.

�� (c) �Residential line of credit instrument� means any line of credit instrument creating a lien on real property upon which are situated or will be constructed four or fewer residential units, one of which, at the time the credit agreement is entered into, is the borrower�s residence or is intended, following construction, to be a residence of the borrower.

�� (2) A line of credit instrument shall have priority, regardless of the knowledge of the lienholder of any intervening lien, as of its date of recording as to the following advances whether the advances are optional or obligatory advances:

�� (a) Principal advances made any time pursuant to the credit agreement, to the extent the total outstanding advances do not exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section;

�� (b) Interest, lawful charges and advances made any time pursuant to the credit agreement for the reasonable protection of the real property including, but not limited to, advances to pay real property taxes, hazard insurance premiums, maintenance charges imposed under a declaration or restrictive covenant and reasonable attorney fees, whether or not the interest, lawful charges or advances exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section; and

�� (c) Advances made any time after the date of recording and pursuant to a credit agreement that is not secured by a residential line of credit instrument to complete construction of previously agreed-upon improvements on the real property, whether or not the advances exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section provided, however, that the front page of the instrument states that the maximum principal amount to be advanced pursuant to the credit agreement may be exceeded by advances to complete construction pursuant to this subsection.

�� (3) Actions that do not affect the priority granted to the advances set forth in subsection (2) of this section shall include, but not be limited to, those actions set forth in ORS 86.095 (1). If any modification to a credit agreement increases the maximum principal amount to be advanced pursuant to the credit agreement, then principal advances that are made that exceed the original maximum principal amount stated in the line of credit instrument shall have priority as of the date of recording an amendment to the line of credit instrument that states the increased maximum principal amount.

�� (4) In the case of a residential line of credit instrument, the debtor may limit the indebtedness secured by that line of credit instrument to the amount of the credit outstanding by delivering a notice by personal service upon the lienholder or trust deed beneficiary or by mailing a notice by certified mail, return receipt requested, to the lienholder or trust deed beneficiary at the address given for payment or, if none, to the address of the lienholder or trust deed beneficiary indicated in the line of credit instrument or deed of trust. To be sufficient to limit indebtedness under this subsection, the notice must:

�� (a) State that it is made under this section;

�� (b) Contain the legal description in the line of credit instrument or the street address of the real property;

�� (c) Provide the information necessary to locate the line of credit instrument in the public record;

�� (d) State the debtor�s intention to limit the amount of credit secured by the line of credit instrument to the amount owed at the time the notice is received;

�� (e) State the date sent; and

�� (f) Be signed and acknowledged by all debtors obligated under the line of credit instrument.

�� (5) Not later than the 20th day after receipt of the notice described in subsection (4) of this section, the lienholder or trust deed beneficiary shall:

�� (a) Indorse on the notice, or on an addendum to the notice, the principal amount of the indebtedness secured by the line of credit instrument on the date the lienholder or trust deed beneficiary received notice;

�� (b) Sign and acknowledge the notice or the addendum, if applicable; and

�� (c) Record the notice and addendum in the public record where the line of credit instrument was originally recorded.

�� (6) If the lienholder or trust deed beneficiary fails to record the notice and addendum, if applicable, within the time period specified in subsection (5) of this section, the debtor may record the notice in the public record where the line of credit instrument was originally recorded, together with proof of receipt by, or personal delivery to, the lienholder or trust deed beneficiary.

�� (7) Notwithstanding subsection (4) of this section, the line of credit instrument shall continue to have priority as of its date of recording as to:

�� (a) Principal advances, including any advance the creditor is required to honor, that were made before a notice under subsection (4) of this section is received;

�� (b) Interest, lawful charges and advances described in subsection (2)(b) and (c) of this section; and

�� (c) All advances made after a notice under subsection (4) of this section is received that are within the amount owed at the time the notice under subsection (4) of this section is given. [1987 c.716 �4; 1989 c.198 �1; 1991 c.313 �1; 1991 c.438 �1; 1997 c.152 �1; 2001 c.20 �2; 2007 c.71 �18]

�� 86.157 Action for residual debt after short sale of residential property; payoff statements. (1) As used in this section:

�� (a) �Borrower� means an individual who, directly or indirectly and individually or together with another person, is obligated on a real estate loan agreement, including but not limited to a mortgagor or a grantor, as defined in ORS 86.705, or an assignee or successor in interest.

�� (b) �Lender� means a person that makes, extends or holds a real estate loan agreement, including but not limited to a mortgagee or a beneficiary, as defined in ORS

ORS 87.001

87.001 to 87.093 for labor performed or materials furnished to a unit shall not be filed against the timeshare of any timeshare owner who did not expressly consent to or request the labor or materials. Consent shall be considered given under this subsection by the owner of a timeshare in the case of emergency repairs to the timeshare property done with the consent or at the request of the managing entity. [1983 c.530 �12]

�� 94.858 Owners� association; powers and duties. (1) The timeshare instrument may provide that an association of timeshare owners be organized to serve as a means through which the timeshare owners may take action with regard to the administration, management and operation of the timeshare plan and the timeshare property. The association shall be organized as a corporation for profit or nonprofit corporation. The name of the association shall include the complete name of the timeshare plan.

�� (2) Membership in the association shall be limited to timeshare owners.

�� (3) The affairs of the association shall be governed by a board of directors or other governing body as provided for in the bylaws adopted under the applicable incorporation requirements.

�� (4) Subject to the provisions of the timeshare instrument and bylaws, the association may:

�� (a) Assume the role of managing entity;

�� (b) Adopt and amend bylaws, rules and regulations;

�� (c) Adopt and amend budgets for revenues, expenditures and reserves and levy and collect assessments for common expenses from timeshare owners;

�� (d) Hire and terminate a managing agent, other employees, agents and independent contractors;

�� (e) Institute, defend or intervene in litigation or an administrative proceeding in the association�s own name on behalf of the association or on behalf of two or more timeshare owners on any matter affecting the timeshare property;

�� (f) Make contracts and incur liabilities;

�� (g) Regulate the use, maintenance, repair, replacement and modification of timeshare property;

�� (h) Acquire by purchase, lease, devise, gift or voluntary grant real property or any interest therein and take, hold, possess and convey real property or any interest therein;

�� (i) Impose a charge for the late payment of an assessment and, after giving notice and an opportunity to be heard, levy a reasonable fine for violation of the timeshare instrument, bylaws and rules and regulations of the association;

�� (j) Provide for the indemnification of the association�s officers and governing board and maintain adequate liability insurance for the association�s officers and governing board;

�� (k) Exercise any other power conferred by a timeshare instrument or bylaws; and

�� (L) Exercise any other power determined by the association to be necessary and proper for the governance and operation of the association.

�� (5) If an association of timeshare owners is formed under this section, the public report issued for the timeshare plan under ORS 94.828 (1), (2) and (4) shall include a disclosure of the powers of the association and the manner in which the association will be governed. [1983 c.530 �13; 2007 c.410 �21]

�� 94.863 Developer�s duty to managing entity. The developer shall deliver to the designated managing entity before the closing of the first timeshare sale, the following:

�� (1) The original or a photocopy of the recorded timeshare instrument for the timeshare plan and any supplements and amendments thereto.

�� (2) A copy of any other document creating the managing entity.

�� (3) Any rules and regulations that have been promulgated.

�� (4) A report of the present financial condition of the timeshare plan. The report shall 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 timeshare instrument whichever period is less.

�� (5) All funds of the timeshare plan, or control thereof, including, but not limited to, any bank signature card.

�� (6) All tangible personal property that is the property of the timeshare plan and an inventory of such property.

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

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

�� (b) The original specifications indicating all material changes.

�� (c) The plans for any underground site service, site grading, drainage and landscaping.

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

�� (8) Insurance policies.

�� (9) A roster of timeshare owners and their addresses and telephone numbers, if known, as shown on the developer�s records.

�� (10) Leases of the timeshare facilities and accommodations and any other leases to which the managing entity is a party.

�� (11) Any employment or service contract to which the managing entity is a party and any service contract under which the managing entity has an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

�� (12) Any other contract to which the managing entity is a party. [1983 c.530 �14]

�� 94.867 Judicial declaration of failure in management. (1) A court of competent jurisdiction, upon petition by timeshare owners constituting at least 10 percent of the total number of timeshare owners in a timeshare plan, may declare a failure in the management of the timeshare plan and timeshare property and appoint a trustee to assume the duties of a managing entity for the timeshare plan, if the court finds that:

�� (a) The management of the timeshare plan and timeshare property has failed to carry out the duties of a managing entity under the timeshare instrument and ORS 94.846 to 94.858;

�� (b) The rights of the timeshare owners under the timeshare instrument will be substantially impaired if a trustee is not appointed; and

�� (c) No reasonable alternative exists to appointment of a trustee to perform the functions of a managing entity.

�� (2) The court may attach such conditions and terms to its appointment of a trustee under subsection (1) of this section as the court considers necessary to protect the rights of timeshare owners under the timeshare instrument.

�� (3) The trustee shall send a copy of the court�s decision to the Real Estate Commissioner. [1983 c.530 �15; 1991 c.64 �3]

�� 94.869 Insurance coverage. (1) If the managing entity has the sole authority to decide whether to repair or reconstruct an accommodation or facility that has suffered damage or that an accommodation or facility must be repaired or reconstructed, the managing entity shall obtain and maintain at all times and shall pay for out of the funds for payment of common expenses, insurance covering the accommodations and facilities which may include reasonable deductible amounts reflecting self-insurance by the owners as a common expense and which shall include:

�� (a) Insurance for all insurable improvements in the timeshare property against loss or damage by fire or other hazards, including extended coverage, vandalism and malicious mischief. The insurance shall cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard if the insurance is available at reasonable cost; and

�� (b) Insurance covering the legal liability of the association, the timeshare owners individually and the managing entity including, but not limited to, the board of directors, to the public and to the timeshare 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 timeshare owner, other than coverage as a member of an association or board of directors, for liability arising out of acts or omissions of that owner and liability incident to the ownership or use of the part of the property as to which that owner has the exclusive use or occupancy. Liability insurance required under this paragraph shall be issued on a comprehensive liability basis.

�� (2) If an individual timeshare owner is required to obtain insurance for the owner�s individual legal liability, the association or managing entity shall obtain insurance covering the accommodations and facilities which may include reasonable deductible amounts reflecting self-insurance by the owners as a common expense and which shall include:

�� (b) Insurance covering the legal liability of the association and the managing entity including, but not limited to, the board of directors, to the public or the timeshare owners and their invitees or tenants, incident to supervision, control or use of the property. [1983 c.530 �16]

(Escrow)

�� 94.871 When purchase money agreement prohibited; escrow requirements. (1) Unless a lien payment trust is established under ORS 94.890, no timeshare estate shall be sold by a developer by means of a purchase money agreement as defined in ORS 94.890 unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow:

�� (a) A copy of the title report or abstract, as it relates to the timeshare estate being sold.

�� (b) The original or an executed copy of the sales document relating to the purchase of the timeshare estate clearly setting forth the legal description of the interest being purchased, the principal amount of any blanket encumbrance outstanding on the date of the sales document and the terms of the sales document.

�� (c) A commitment in a form satisfactory to the Real Estate Commissioner to give a partial release for the interest being sold from the terms and provisions of any blanket encumbrance on or before full payment of the purchase price by the purchaser.

�� (d) A commitment in a form satisfactory to the commissioner to give a release of any other lien or encumbrance existing against the timeshare estate being sold.

�� (e) A warranty or bargain and sale deed in good and sufficient form conveying to the purchaser merchantable and marketable title to the timeshare estate.

�� (2) The developer shall submit written authorization allowing the commissioner to inspect any escrow deposit established under subsection (1) of this section.

�� (3) In lieu of the procedures provided in subsection (1) of this section, the developer shall conform to an alternative requirement or method if the commissioner finds that the alternative requirement or method carries out the intent and provisions of this section. [1983 c.530 �25]

�� 94.873 Escrow account; closing; release. (1) All funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds thereof received in this state by a developer from or on behalf of a purchaser or prospective purchaser in connection with the purchase or reservation of a timeshare must be placed in an escrow account with an escrow agent authorized under ORS 94.881 or the trustee of a lien payment trust established under ORS 94.890.

�� (2) The establishment of an escrow account under subsection (1) of this section shall be by written agreement between the developer and the escrow agent. The escrow agreement must provide for the handling of a purchaser�s funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds as required by ORS 94.873 to 94.905.

�� (3) A purchaser�s funds, negotiable instruments, purchase money agreements, credit card authorizations and any proceeds may be released from escrow without a closing only as follows:

�� (a) If the purchaser gives a valid notice of cancellation under ORS 94.836, to the purchaser within 15 days after the notice of cancellation is received.

�� (b) If the purchaser or developer properly terminates a sales agreement under its terms or terminates a reservation agreement, to the purchaser or developer according to the terms of the sales agreement or reservation agreement.

�� (c) If the purchaser or developer defaults in performing an obligation under the sales agreement, to the purchaser or developer according to the terms of the sales agreement.

�� (4) After an escrow closing for the sale of a timeshare, a purchaser�s funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds shall be delivered by the escrow agent:

�� (a) To the trustee of a lien payment trust established under ORS 94.890 to protect the purchaser from any blanket encumbrance.

�� (b) As provided by an alternative arrangement approved by the Real Estate Commissioner under ORS 94.900.

�� (c) To the developer if the timeshare is conveyed to the purchaser free and clear of any blanket encumbrance or as provided in ORS 94.876.

�� (5) Under no circumstances may the escrow agent release a purchaser�s funds, negotiable instruments, purchase money agreements or credit card authorizations or proceeds from the escrow account to anyone except the purchaser until:

�� (a) The five-day cancellation period under ORS 94.836 expires as to the purchaser whose funds, instruments, agreements, authorizations or proceeds are being released;

�� (b) The escrow agent receives a written statement from the developer that no valid cancellation notice under ORS 94.836 has been received from the purchaser involved or from the purchaser that the purchaser has not given such a notice; and

�� (c) The escrow agent receives a written statement from the developer that no other cancellation notice was received during the five-day cancellation period from the purchaser involved.

�� (6) The purpose of any escrow established under this section shall be to protect a purchaser�s right to a refund if the purchaser cancels the timeshare sales agreement during the five-day cancellation period under ORS 94.836, or if a prospective purchaser cancels a reservation agreement for the purchase of a timeshare.

�� (7) As used in this section �reservation agreement� means an agreement relating to the future sale of a timeshare that is not binding on the purchaser which grants the purchaser the right to cancel the agreement for any reason without penalty and to obtain a refund of any funds deposited at any time until the purchaser executes a timeshare sales agreement. [1983 c.530 �29; 2017 c.354 �4]

�� 94.876 Requirements for closing escrow. (1) Subject to the requirements of ORS 94.871 and 94.873, an escrow for the sale of a timeshare estate may close only if one of the following alternatives for protecting the purchaser is satisfied:

�� (a) The timeshare estate is conveyed to the purchaser free and clear of any blanket encumbrance;

�� (b) The timeshare property in which the timeshare estate is granted is conveyed to a trustee under a lien payment trust established under ORS 94.890 and every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement;

�� (c) The timeshare estate is conveyed to the purchaser subject only to a blanket encumbrance in which every person holding an interest in the blanket encumbrance executes and records a nondisturbance agreement or the Real Estate Commissioner accepts a surety bond as an alternative arrangement under ORS 94.900 in an amount that is sufficient to satisfy the blanket encumbrance; or

�� (d) All requirements of an alternative arrangement approved by the commissioner under ORS 94.900 are satisfied.

�� (2) Subject to the requirements of ORS 94.873, an escrow for the sale of a timeshare license may close only if one of the following alternatives for protecting the purchaser is satisfied:

�� (a) The timeshare property is conveyed to a trustee free and clear of any blanket encumbrance;

�� (b) The timeshare property is conveyed to a trustee under a lien payment trust established under ORS 94.890 and every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement;

�� (c) Every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement and the commissioner accepts a recorded surety bond in an amount that is sufficient to satisfy the blanket encumbrance; or

�� (d) The requirements of an alternative arrangement approved by the commissioner under ORS 94.900 are satisfied. [1983 c.530 �30]

�� 94.878 Duties of escrow agent. An escrow agent holding funds under ORS 94.873:

�� (1) May invest the escrowed funds in securities of the federal government or any agency thereof or in savings or time deposits in institutions insured by an agency of the federal government according to the terms of the agreement between the escrow agent and the developer.

�� (2) Shall maintain separate books and records for each timeshare plan in accordance with generally accepted accounting methods. [1983 c.530 �36]

�� 94.881 Who may serve as escrow agent. (1) Funds placed into escrow under ORS 94.873 shall be placed into an escrow account established solely for that purpose with one of the following acting as an escrow agent:

�� (a) An attorney who is a licensee of the Oregon State Bar;

�� (b) An insured institution, as defined in ORS 706.008, that is authorized to accept deposits in this state;

�� (c) A trust company, as defined in ORS 706.008, that is authorized to transact trust business in this state; or

�� (d) An escrow agent licensed under ORS 696.505 to 696.590.

�� (2) In connection with sales of timeshares made outside of this state for the use of timeshare property located within this state, the escrow agent required under ORS 94.871 and 94.873 may be located in and the purchasers� funds, negotiable instruments, purchase money contracts and credit card authorizations may be held by the out-of-state escrow agent, if the law of the state in which the sales are made requires impoundment in that state and the out-of-state escrow agent is approved by the Real Estate Commissioner. [1983 c.530 �37; 1997 c.631 �393; 2025 c.32 �86]

(Lien Payment)

�� 94.885 Rights of lienholder. (1) When a nondisturbance agreement has been executed by the lienholder and recorded, the lienholder, its successors and anyone who acquires the property through foreclosure, by deed, assignment or transfer in lieu of foreclosure, shall take the property subject to the rights of the owners under the timeshare plan.

�� (2) When a notice of timeshare plan is recorded, any claim by the developer�s creditors and any claim upon or by a successor to the interest of the titleholder who executed the notice shall be subordinate to the interest of the timeshare owners if the sale is closed after the notice is recorded. The recording of notice shall not affect:

�� (a) The rights or lien of a lienholder whose lien was recorded before the notice of timeshare plan;

�� (b) The rights of a person holding an option in the timeshare property if the option was recorded before the notice of timeshare plan; and

�� (c) The rights or lien of a lienholder having a recorded purchase money mortgage, recorded purchase money trust deed or recorded purchase agreement on the timeshare.

�� (3) As used in ORS 94.873, 94.876 and 94.885 to 94.905:

�� (a) �Nondisturbance agreement� means an instrument by which the holder of a blanket encumbrance agrees that the holder�s rights in the timeshare property shall be subordinate to the rights of any timeshare owner. Every nondisturbance agreement shall contain a covenant by the lienholder that the lienholder, its successors, and anyone who acquires the timeshare property through the blanket lien shall not use, or cause or permit the property to be used in a manner that prevents a timeshare owner from using the timeshare property in the manner contemplated by the timeshare plan. The lienholder�s agreement not to disturb an owner may require as a continuing condition that the owner perform all obligations and make all payments due under any purchase money agreement for the owner�s timeshare and, if the timeshare is held as a leasehold, under the lease for the owner�s timeshare.

�� (b) �Notice of timeshare plan� means an instrument executed by the holder of the legal and equitable title to the fee or long-term leasehold interest in a timeshare property which provides notice of the existence of the timeshare plan and of the rights of timeshare owners. The notice of timeshare plan must identify the timeshare period for each timeshare. For a timeshare property located wholly within this state, recording of the timeshare instrument for the property under ORS 94.818 shall be considered the recording of a notice of timeshare plan for the property. If the timeshare property is located outside the state, the notice may be contained in a declaration of covenants, conditions and restrictions that provides that as a matter of covenant, the notice shall have the effects described in subsection (2) of this section. The notice must be prepared to constitute a covenant running with an equitable servitude upon the timeshare property for the duration of the timeshare plan and to have the effects described in subsection (2) of this section.

�� (4) If the developer proposes use of a nondisturbance agreement, the public report issued for the timeshare plan under ORS 94.828 (1), (2) and (4) shall include disclosure of the nature and limitations of nondisturbance agreements, the nature and amount of outstanding blanket encumbrances and the potential impact upon timeshare purchasers of failure to pay off the outstanding blanket encumbrances. [1983 c.530 �31]

�� 94.890 Lien payment trust; payments; delinquencies. (1) A lien payment trust may be established with a trust company as defined in ORS 706.008 that is authorized to transact trust business in this state, for the conveyance of timeshare property to the trustee under ORS 94.876 if the trust instrument provides for at least the following:

�� (a) Title to the timeshare property must be transferred to the trustee before the purchaser�s funds, negotiable instruments, purchase money agreements or credit card authorizations or proceeds are disbursed by the escrow agent.

�� (b) The trustee shall not convey or transfer all or any portion of the timeshare property except for an accommodation in which no owner has any further right of occupancy or as permitted at termination of the trust.

�� (c) The trustee shall not encumber the timeshare property without the consent of the Real Estate Commissioner.

�� (d) The association, if any, and all timeshare owners are made third party beneficiaries of the trust.

�� (e) Notice of the trustee�s intention to resign must be given to the commissioner at least 90 days before the resignation takes effect.

�� (f) The trust instrument may not be amended to adversely affect the interests or rights of a timeshare owner without the written approval of the association or, if no association, a majority of the timeshare owners.

�� (g) Require the deposit into trust of a lien payment deposit, as required by subsection (3) of this section, before the closing of the first timeshare sale.

�� (h) Require the deposit into trust before closing the first timeshare sale, and the intention to maintain for the duration of the trust, an installment payment reserve consisting of funds in an amount sufficient at all times:

�� (A) To pay the total of three successive monthly installments of debt service on each blanket encumbrance or, if installments of debt services are not payable monthly or in equal installments, such funds as the commissioner determines reasonably necessary to assure that the trustee will have sufficient cash to make any payment under the blanket encumbrances when due; and

�� (B) To create a sinking fund to extinguish the debt at its maturity if the blanket encumbrance against the trust property is an interest only loan, contains a balloon payment provision or is otherwise not fully amortized under the terms for repayment.

�� (i) Authorize the trustee to sell, transfer, hypothecate, encumber, or otherwise dispose of the purchase money agreement or any other asset composing the lien payment deposit or any portion thereof if, in the trustee�s judgment, such action is necessary to enable the trustee to make all payments required under the blanket encumbrances to prevent foreclosure of the blanket encumbrance.

�� (j) Require the developer to replenish the funds and assets in the trust whenever the lien payment deposit or the funds in the installment payment reserve fail to meet the requirements set forth in this subsection.

�� (k) Provide that the trustee periodically shall disburse funds in the trust as follows: First, to pay real property taxes, governmental assessments, and lease rent, if any; second, to pay current payments due on the blanket encumbrances, in their order of priority; third, to any sinking fund established for the payment of blanket encumbrances, including any prepayment penalties and release prices; fourth, to pay any service charge and cost payable to the trustee and its collection agent, if any, under the trust instrument; and fifth, to the developer or as directed by the developer.

�� (L) Contain any other provisions required by the commissioner under rules adopted under ORS

ORS 87.093

87.093 in the statutory lien record. The notices and claims recorded in the statutory lien record shall be indexed as deeds and other conveyances are required by law to be indexed and shall constitute a public record of the county. [Amended by 1975 c.466 �12; 1987 c.662 �9; 2001 c.577 �2]

�� 87.055 Duration of lien; when suit to enforce lien commences. No lien created under ORS 87.010 shall bind any improvement for a longer period than 120 days after the claim of lien is filed unless suit is brought in a proper court within that time to enforce the lien, or if extended payment is provided and the terms thereof are stated in the claim of lien, then 120 days after the expiration of such extended payment, but no lien shall be continued in force for a longer time than two years from the time the claim of lien is filed under ORS 87.035 by any agreement to extend payment. For purposes of this section:

�� (1) Subject to subsection (2) of this section, a suit to enforce the lien shall be deemed commenced as provided in ORS 12.020.

�� (2) With regard to other parties who are construction lien claimants under ORS 87.035, a suit to enforce the lien shall be deemed to commence when the complaint is filed, whether or not summons or service with regard to such parties is completed within the time required by ORS 12.020. [Amended by 1975 c.466 �13; 1985 c.341 �1; 1985 c.513 �4; 1987 c.662 �10]

�� 87.057 Notice of intent to foreclose; list of materials furnished and statement of prices; effect of failure to give notice. (1) A person intending to foreclose a lien shall deliver to the owner of the property upon which the lien is claimed and to the mortgagee a notice in writing not later than 10 days prior to commencement of the suit stating that such person, or others, intends to commence suit to foreclose the lien. Notice delivered to the mortgagee who received the notice required by ORS 87.025 shall be deemed in compliance with this subsection, unless the person giving notice has actual knowledge of a change of mortgagee.

�� (2) Where a notice of intent to foreclose a lien has been given as provided by subsection (1) of this section, the sender of the notice upon demand of the owner shall furnish to the owner within five days after the demand a list of the materials and supplies with the charge therefor, or a statement of a contractual basis for the owner�s obligation, for which a claim will be made in the suit to foreclose.

�� (3) A plaintiff or cross-complainant seeking to foreclose a lien in a suit to foreclose shall plead and prove compliance with subsections (1) and (2) of this section. No costs, disbursements or attorney fees otherwise allowable as provided by ORS

ORS 87.495

87.495); 2003 c.576 �338; 2023 c.72 �40; 2025 c.32 �82]

�� 87.450 Filing notice of claim of lien on judgment for sum of money. (1) When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for a sum of money only, the attorney or licensee must file a notice of claim of lien with the clerk of the court that entered the judgment within three years after the judgment is entered. The clerk shall enter the notice in the register of the court and in the judgment lien record maintained by the court administrator under ORS 18.075.

�� (2) When an attorney or licensee files a notice of claim of lien under subsection (1) of this section, the attorney or licensee shall send forthwith a copy of the notice to the client by registered or certified mail sent to the client at the last-known address of the client.

�� (3) A lien under ORS 87.445 on a judgment for a sum of money only remains a lien on the judgment until the judgment remedies for the judgment expire under ORS 18.180 to 18.190.

�� (4) For purposes of this section, a �judgment for a sum of money only� does not include a judgment or order for the payment of money for the support of any person under ORS 107.095, 107.105, 108.120, 109.155 or 419B.400. [1975 c.648 �60 (enacted in lieu of 87.495); 1993 c.33 �290; 1999 c.788 �43a; 2003 c.576 �188; 2007 c.339 �13; 2021 c.597 �56; 2023 c.72 �41; 2025 c.32 �83]

�� 87.455 Filing notice of claim of lien on judgment for possession of personal property; recording; foreclosure. (1) When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for the possession, award or transfer of personal property, the attorney or licensee must file a notice of claim of lien not later than one year after entry of the judgment and disposition of any appeal of the judgment. The notice shall be filed with the recording officer of the county in which the judgment is rendered, with the recording officer of the county, if known, in which the personal property is located and with the recording officer of the county, if known, in which the attorney�s or licensee�s client resides. The recording officer of a county shall record the notices filed under this section in a book called �index of liens upon chattels.�

�� (2) Except as provided in subsection (3) of this section, a lien under ORS 87.445 on a judgment for the possession, award or transfer of personal property must be foreclosed in the manner provided in ORS chapter 88, not later than one year after the notice of claim of lien is filed under subsection (1) of this section.

�� (3) An attorney or licensee and the client of the attorney or licensee may, by an agreement in writing, extend the period of time within which a lien created by ORS 87.445 must be foreclosed to two years after the notice of claim of lien is filed. An agreement to extend a foreclosure period under this subsection shall contain the time and place of the filing of the notice of claim of lien by the attorney or licensee and shall be filed with the recording officer with whom the notice of claim of lien was filed. [1975 c.648 �61 (enacted in lieu of 87.495); 2003 c.576 �339; 2023 c.72 �42; 2025 c.32 �84]

�� 87.460 Filing of notice of claim of lien on judgment for possession of real property; recording; foreclosure. (1) When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for the possession, award or conveyance of real property, the attorney or licensee must file a notice of claim of lien not later than six months after entry of the judgment and disposition of any appeal of the judgment. The notice shall be filed with the recording officer of the county in which the real property, or any part of it, is situated. The recording officer of a county shall record the notices filed under this section in a book that shall be indexed in the same manner as the record of deeds and mortgages.

�� (2) Except as provided in subsection (3) of this section, a lien under ORS 87.445 upon a judgment for the possession, award or conveyance of real property must be foreclosed in the manner provided in ORS chapter 88, not later than one year after the notice of claim of lien is filed under subsection (1) of this section.

�� (3) An attorney or licensee and the client of the attorney or licensee may, by agreement, in writing, extend the period of time within which a lien created by ORS 87.445 must be foreclosed to two years after the notice of claim of lien is filed. An agreement to extend a foreclosure period under this subsection shall contain the time and place of the filing of the notice of claim of lien by the attorney or licensee and shall be filed with the recording officer with whom the notice of claim of lien was filed. [1975 c.648 �62 (enacted in lieu of 87.495); 2003 c.576 �340; 2023 c.72 �43; 2025 c.32 �91]

�� 87.465 Effect of failure to file notice of claim of lien; effect of failure to foreclose. If the notice of claim of lien is not filed within the time required by ORS 87.450, 87.455 or 87.460 or if the lien is not foreclosed within the time required by ORS 87.455 or 87.460, the lien created by ORS 87.445 shall cease to exist. [1975 c.648 �63 (enacted in lieu of 87.495)]

�� 87.470 Contents of notice of claim of lien. The notice of claim of lien required under ORS 87.450 to 87.460 shall be a statement in writing verified by the oath of the attorney and must contain:

�� (1) A statement of the attorney�s demand, including the amount of the fee or compensation of the attorney;

�� (2) The name of the case in which the judgment was entered, the date on which the judgment was entered in the register, and a description of the real or personal property which is to be awarded, transferred or conveyed to the client under the judgment;

�� (3) A statement that the amount claimed is a true and bona fide existing debt as of the date of the filing of the notice of claim of lien; and

�� (4) The date on which payment was due to the attorney for professional services to the client. [1975 c.648 �64 (enacted in lieu of 87.495); 2003 c.576 �189]

�� 87.475 Effect of settlement on lien; satisfaction of judgment. (1) Except as provided in subsections (3) and (4) of this section, the lien created by ORS 87.445 is not affected by a settlement between the parties to the action, suit or proceeding before or after judgment, order or award.

�� (2) Except as provided in subsections (3) and (4) of this section, a party to the action, suit or proceeding, or any other person, does not have the right to satisfy the lien created by ORS 87.445 or any judgment, order or award entered in the action, suit or proceeding until the lien, and claim of the attorney for fees based thereon, is satisfied in full.

�� (3) A judgment debtor may pay the full amount of a judgment into court and the clerk of the court shall thereupon fully satisfy the judgment on the record and the judgment debtor shall be thereby released from any further claims thereunder.

�� (4) If more than one attorney appears of record for a litigant, the satisfaction of the lien created by ORS 87.445 by any one of the attorneys is conclusive evidence that the lien is fully satisfied. [1975 c.648 �65 (enacted in lieu of 87.495); 2003 c.576 �341]

�� 87.480 Attorney�s right and power over actions and judgments. Attorneys have the same right and power over actions, suits, proceedings, judgments, orders and awards to enforce their liens as their clients have for the amount due thereon to them. [1975 c.648 �66 (enacted in lieu of 87.495); 2003 c.576 �342]

�� 87.485 Attorney fees. In suits to foreclose a lien created by ORS 87.445, the court shall allow a reasonable amount as attorney fees at trial and on appeal to the prevailing party. [1975 c.648 �67 (enacted in lieu of 87.495); 1981 c.897 �24]

�� 87.490 Priority of lien upon actions and judgments. (1) Except for tax liens, prior encumbrances and prior liens of record on the real or personal property subject to the lien created by ORS 87.445, the lien created by ORS 87.445 is superior to all other liens, including a lien created by ORS 147.285.

�� (2) When the lien of an attorney created under ORS 87.445 attaches to a judgment allowing or enforcing a client�s lien, the attorney�s lien has the same priority as the client�s lien with regard to personal or real property subject to the client�s lien. [1975 c.648 �68 (enacted in lieu of 87.495); 2003 c.576 �343; 2005 c.383 �12]

�� 87.495 [Repealed by 1975 c.648 �55 (87.430 to 87.490 enacted in lieu of 87.495)]

�� 87.500 [Repealed by 1975 c.648 �72]

LIEN FOR LONG TERM CARE

�� 87.501 Definitions for ORS 87.501 to 87.542. As used in ORS 87.501 to 87.542, unless the context requires otherwise:

�� (1) �Authorized representative� means a person appointed under ORS chapter 125 as a guardian or conservator of an individual and any other person holding funds or receiving benefits or income on behalf of an individual.

�� (2) �Care� means all the services rendered in a long term care facility, including but not limited to medical care, room and board, nursing care, administrative costs, supplies, equipment and ancillary services such as therapies.

�� (3) �Decedent� means an individual who has died leaving property that is subject to administration.

�� (4) �Decedent�s estate� means the real and personal property of a decedent, as from time to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions or additions thereto and substitutions therefor or diminished by any decreases and distributions therefrom. The term does not include assets placed in trust for the decedent by other persons.

�� (5) �Long term care facility� means facilities licensed as skilled nursing facilities or intermediate care facilities, as those terms are defined in ORS 442.015, and residential care facilities and adult foster homes licensed under ORS chapter 443. [1995 c.749 �1; 1997 c.249 �29; 1997 c.744 �1; 2001 c.104 �26]

�� Note: 87.501 to 87.542 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 87 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 87.503 Lien for long term care; statement concerning lien to be given to care recipient. (1) When an individual receives care at a long term care facility under a written contract that does not violate state or federal law, the individual receiving the care, and upon the death of such individual, the decedent�s estate of that individual, is liable for the contracted costs of care. The individual receiving care and any authorized representative shall be given an itemized statement of goods and services provided as each payment becomes due. If the individual or an authorized representative of that individual refuses to pay the long term care facility for the costs of care within 30 days after the services are rendered and any portion thereof are billed to the individual or the authorized representative of the individual, the unpaid amount plus interest thereon at the legal rate of interest provided for in ORS 82.010 shall be a lien in favor of the long term care facility against the real property of the individual receiving care. The lien shall attach to the real property on the day, whichever is later, that is:

�� (a) The 30th day after the first services for which the lien is claimed are performed; or

�� (b) The 30th day after the first unpaid payment for care becomes due.

�� (2) At the time of signing a written contract for care at the facility, a long term care facility shall provide to the individual who will receive care under the contract or to the authorized representative of the individual a written statement describing the provisions of ORS 87.501 to 87.542. The written statement shall describe the procedures, process and rights and responsibilities of the individual receiving care and the long term care facility under ORS 87.501 to 87.542. Notwithstanding ORS 87.507 and 87.522, if a long term care facility does not provide such written statement as required by this subsection to an individual or an authorized representative, the lien created by this section for the contracted costs of care provided to the individual may not be perfected and may not be foreclosed.

�� (3) Notwithstanding subsection (1) of this section, real and personal property held in trust by a trustee for an individual receiving care are subject to the laws of this state applicable to trusts. [1995 c.749 �2; 1997 c.744 �2]

�� Note: See note under 87.501.

�� 87.505 [Repealed by 1975 c.648 �72]

�� 87.507 Perfecting lien; notice of lien; serving notice of lien; time to perfect lien. (1) In order to perfect a lien created by ORS 87.503, a long term care facility shall:

�� (a) File a notice of lien with the recording officer of the county or counties in which the real property is located; and

�� (b) Serve a certified copy of the notice of lien by registered or certified mail upon the individual or the authorized representative of the individual.

�� (2) A person claiming a lien under ORS 87.501 to 87.542 shall file the notice of lien no sooner than 60 days and no later than 120 days after the date on which the lien attached to the real property of the individual under ORS 87.503. [1995 c.749 �3; 1997 c.744 �3]

�� Note: See note under 87.501.

�� 87.510 [Repealed by 1975 c.648 �72]

�� 87.512 Contents of notice of lien. The notice of lien required under ORS 87.507 shall be a written statement verified by the oath of an officer of the long term care facility that asserts a claim for the lien and that contains:

�� (1) A true statement of demand, including an itemized statement of services provided and setting forth the amount due and owing to the long term care facility as of the date of the notice, after deducting all credits and offsets;

�� (2) The name of the individual who received care;

�� (3) The name, address and telephone number of the long term care facility;

�� (4) A statement that the amount claimed is a true and bona fide existing debt as of the date of filing the notice of lien;

�� (5) A statement that the lien may cover contracted services provided by the long term care facility subsequent to the services itemized under subsection (1) of this section and that interested persons may obtain information on the current amount due under the lien by contacting the long term care facility;

�� (6) A statement that the long term care facility has given the individual or an authorized representative a written summary of the requirements and procedures for establishing eligibility for Medicaid, including the right to an assessment that determines the extent of spouses� nonexempt resources at the time of institutionalization and attributes to the community spouse an equitable share of the resources that can not be considered available for payment of costs for the medical care of the institutionalized spouse in the process of spending down to Medicaid eligibility levels. The written statement shall be given no fewer than 30 days and no more than 60 days before the notice of lien is filed. The long term care facility may meet the requirement of this subsection by providing written materials relating to Medicaid eligibility for long term care services for persons with disabilities and elderly persons used by the Department of Human Services; and

�� (7) A description of the real property to be charged with the lien that complies with ORS 93.600. [1995 c.749 �4; 1997 c.744 �6; 2001 c.900 �12; 2007 c.70 �17]

�� Note: See note under 87.501.

�� 87.515 [Amended by 1957 c.420 �1; 1959 c.521 �1; repealed by 1975 c.648 �72]

�� 87.517 Recording notice of lien. The recording officer of the county shall record the notices filed under ORS

ORS 88.720

88.720, 406.050, 407.135, 407.145, 407.375 or 407.377.

�� (b) Real property that the Housing and Community Services Department acquires or sells under the provisions of ORS 456.515 to 456.828 or ORS chapter 458.

�� (c) Real property that the Oregon Health Authority or the Department of Human Services acquires or sells under ORS 410.075 or 416.340. [1991 c.816 �6; 1999 c.314 �81; 2005 c.625 �64; 2009 c.762 �50; 2011 c.34 �2; 2011 c.637 �82; 2013 c.167 �1; 2013 c.768 �119; 2015 c.285 �1; 2015 c.572 �1a; 2015 c.767 ��72,228,229; 2016 c.61 �4; 2017 c.275 �3; 2023 c.193 �29]

�� 270.105 Procedures before terminal disposition of real property. Before a state agency terminally disposes of real property to other than another state agency, the disposing agency shall:

�� (1) If the value of the real property is $100,000 or less, consider all the values of the property to the people of this state, including values for fish and wildlife habitat and public access to other real property; or

�� (2) If the value of the real property is greater than $100,000, invite public comment on and consider all the values of the property to the people of this state, including values for fish and wildlife habitat and public access to other property. [1991 c.816 �21]

�� 270.110 Disposition of property not needed for public use; lease approval by department. (1) Except as provided in subsection (2) of this section:

�� (a) Whenever the state or any agency thereof possesses or controls real property not needed for public use, or whenever the public interest may be furthered, the state or its agency may sell, exchange, convey or lease for any period not exceeding 99 years all or any part of its interest in the property to or with the state or any political subdivision of the state or the United States or any agency thereof or private individual or corporation. Except where the state is exchanging real property, the consideration for the transfer or lease may be cash or real property, or both.

�� (b) The state or any agency thereof shall offer for sale any real property in its possession or control if the property:

�� (A) Is within the urban growth boundary of any city, is within an urban reserve, is within a rural community, or is within an urban unincorporated community;

�� (B) Is not being used for public purposes; and

�� (C) Is not needed for public use within five years of the last date the property was used for public purposes.

�� (c) Paragraph (b) of this subsection does not apply to the Department of Transportation or to the Department of State Lands.

�� (d) Nothing in this subsection limits the authority of the state to relinquish title to property pursuant to ORS 458.445.

�� (2) If the ownership, right or title of the state to any real property set apart by deed, will or otherwise for a burial ground or cemetery, or for the purpose of interring the remains of deceased persons, is limited or qualified or the use of such real property is restricted, whether by dedication or otherwise, the state or its agency may, after first declaring by resolution that such real property is not needed for public use, or that the sale, exchange, conveyance or lease thereof will further the public interest, file a complaint in the circuit court for the county in which such real property is located against all persons claiming any right, title or interest in such real property, whether the interest be contingent, conditional or otherwise, for authority to sell, exchange, convey or lease all or any part of such real property. The resolution is prima facie evidence that such real property is not needed for public use, or that the sale, exchange, conveyance or lease will further the public interest. The action shall be commenced and prosecuted to final determination in the same manner as an action not triable by right to a jury. The complaint shall contain a description of such real property, a statement of the nature of the restrictions, qualifications or limitations, and a statement that the defendants claim some interest therein. The court shall make such judgment as it shall deem proper, taking into consideration the limitations, qualifications or restrictions, the resolution and all other matters pertinent thereto. Neither costs nor disbursements may be recovered against any defendant.

�� (3) The authority to lease property granted by this section includes authority to lease property not owned or controlled by the state at the time of entering into the lease. Such lease shall be conditioned upon the subsequent acquisition of the interest covered by the lease.

�� (4) Any lease of state real property exceeding five years must be approved in advance by the Oregon Department of Administrative Services, except for leases:

�� (a) Negotiated by the Oregon Department of Aviation;

�� (b) Of state forestlands;

�� (c) Of property controlled by the Department of State Lands, the Department of Transportation or a public university listed in ORS 352.002; or

�� (d) Of property controlled by the legislative or judicial branches of state government. [1991 c.816 �5; 1999 c.935 �25; 2005 c.15 �1; 2009 c.762 �51; 2013 c.768 �120; 2015 c.572 �3]

�� 270.120 Advisory committee; membership; officers; compensation and expenses; duties. (1) In exercising certain of its functions under ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416,

ORS 9.005

9.005. [2023 c.72 �50; 2025 c.32 �10]

�� Sec. 51. Section 50 of this 2023 Act is repealed on January 2, 2028. [2023 c.72 �51]

�� 9.090 Appropriation and disbursement of funds. The board may make appropriations and disbursements from the funds of the bar and pay all necessary expenses. [Amended by 1969 c.314 �5; 1979 c.252 �17]

�� 9.100 Statement of financial condition. The board shall have prepared annually a statement explaining the financial condition of the Oregon State Bar for the 12 months preceding. The chief executive officer of the bar shall promptly submit the statement to the Chief Justice of the Supreme Court. [Amended by 1991 c.726 �2; 2017 c.94 �7]

�� 9.110 Board of governors to formulate rules. The board of governors may formulate and declare rules for carrying out the functions of the state bar. [Amended by 1975 c.641 �4; 1981 c.193 �5; 1995 c.302 �5]

�� 9.112 Board of governors to establish minimum continuing legal education requirements. The board of governors shall by rule establish minimum continuing legal education requirements for all active licensees of the Oregon State Bar. Rules adopted by the board of governors are subject to review by the Supreme Court. [1999 c.953 �3; 2025 c.32 �11]

�� 9.114 Mandatory training on duties relating to reporting child abuse and abuse of elderly persons; rules. The Oregon State Bar shall adopt rules to establish minimum training requirements for all active attorney licensees of the bar relating to the duties of attorneys under ORS 124.060 and 419B.010. Rules adopted under this section are subject to review and approval by the Supreme Court. [1999 c.953 �2; 2013 c.352 �7; 2023 c.72 �4; 2025 c.32 �12]

�� 9.120 [Repealed by 1995 c.302 �23]

�� 9.130 [Amended by 1979 c.508 �2; 1981 c.193 �2; 1983 c.373 �1; repealed by 1995 c.302 �23]

�� 9.132 [1993 c.131 �2; renumbered 9.685 in 2011]

HOUSE OF DELEGATES

�� 9.136 House of delegates created; membership; terms. (1) The house of delegates of the Oregon State Bar is created. The house consists of elected and ex officio voting delegates. All delegates must be active licensees of the state bar except for the public members of the board of governors and the public members appointed by the board pursuant to ORS 9.145.

�� (2) The members of the board of governors of the Oregon State Bar are ex officio voting delegates.

�� (3) The chairperson of each Oregon State Bar section is an ex officio voting delegate.

�� (4) The elected president of each county bar association is an ex officio voting delegate. Not more than one county bar association from each county may be represented by a delegate under this subsection.

�� (5) Elected delegates shall be elected from the regions established by ORS 9.025. Only active licensees of the bar may vote for delegates. A licensee may vote for delegates from the region in which the licensee maintains the licensee�s principal office.

�� (6) Each region shall elect at least five delegates. If more than 550 active licensees maintain their principal offices in the region, the licensees shall elect delegates as follows:

�� (a) The licensees shall elect one delegate for each 100 licensees who maintain their principal offices in the region.

�� (b) The licensees shall elect one additional delegate if more than 50 licensees who maintain their principal offices in the region are not accounted for after the allocation provided for in paragraph (a) of this subsection.

�� (7) Elected delegates shall serve for terms of three years. A vacancy in the office of an elected delegate shall be filled for the remainder of the term by a delegate appointed by the board of governors.

�� (8) An elected delegate may not serve as a member of the board of governors, as a section chairperson or as a county bar association president during the delegate�s term.

�� (9) For the purposes of this section, �county bar association� means a general purpose bar association established by the lawyers of one or more counties for the purpose of maintaining good professional relations between members of the bench and licensees of the bar in the county or counties, and for the purpose of improving the administration of justice in the county or counties. [1995 c.302 �7; 2001 c.297 �2; 2015 c.122 �2; 2025 c.32 �13]

�� 9.139 Powers of house of delegates. (1) The delegates at a meeting of the house of delegates may, by a vote of the majority of the delegates attending the meeting, do either of the following:

�� (a) Modify or rescind an action or decision of the board of governors.

�� (b) Direct the board of governors as to future action.

�� (2) The board of governors is bound by a decision of the house of delegates made in the manner prescribed by subsection (1) of this section.

�� (3) The power of the house of delegates to direct, modify or rescind an action or decision of the board of governors under subsection (1) of this section does not include the power:

�� (a) To invalidate payments previously made at the direction of the board;

�� (b) To direct, modify or rescind any assessment by the board for contributions to a professional liability fund established under ORS 9.080; or

�� (c) To direct, modify or rescind any other action or decision by the board that is subject to control, approval or review by the Supreme Court.

�� (4) Subsection (3)(c) of this section does not affect the ability of the house of delegates to formulate disciplinary rules under ORS 9.490. [1995 c.302 �8]

�� 9.142 Rules for conduct of business; meetings. (1) The board of governors shall formulate rules for the conduct of the business of the house of delegates. Rules adopted by the board become effective upon the adoption of the rules by the house of delegates. The president of the Oregon State Bar may call special meetings of the house. The president shall call a special meeting of the house if 25 or more delegates make a written request for a special meeting. A majority of the total number of delegates constitutes a quorum for any regular or special meeting of the house.

�� (2) The board of governors shall set a time and place for the annual meeting of the house of delegates. At the annual meeting, the board of governors shall submit to the house of delegates reports of the proceedings by the board since the last meeting of the house, reports of the officers and committees of the state bar and recommendations of the board.

�� (3) The house of delegates may vote through electronic ballot. If electronic ballots are used at a meeting, the vote of each member must be recorded and published after the meeting. [1995 c.302 �9; 2021 c.497 �12]

�� 9.145 Public members. The board of governors shall appoint a public member delegate for each region in the State of Oregon established by ORS 9.025 (2)(a). A public member delegate shall serve a three-year term. A vacant public member delegate position shall be filled for the remainder of the term by a delegate appointed by the board of governors. The appointment of public member delegates shall be made by the board before the time set for the election of delegates under ORS 9.152. The term of a public member delegate shall commence on the same date that the term of an elected delegate commences. [1995 c.302 �10; 2001 c.297 �3; 2015 c.122 �3]

�� 9.148 Participation by nondelegates; referral of question for vote; petition for consideration or vote. (1) Active licensees of the Oregon State Bar may participate in the discussion of matters before the house of delegates, but only delegates may vote. The house of delegates may by rule impose restrictions on participation by licensees of the state bar who are not delegates.

�� (2) The board of governors or the house of delegates, acting on its own motion, may refer to the licensees of the bar by ballot any question or measure considered by the board or house to be appropriate for submission to a vote of the licensees. Referral may be made under this subsection at any time.

�� (3) Active licensees of the state bar, by written petition signed by at least two percent of all active licensees, may have placed on the agenda of a meeting of the house of delegates any question or measure appropriate for a vote of the house. The petition shall contain the full text of the question or measure proposed. The petition must be filed with the chief executive officer of the bar at least 45 days before the annual or special meeting of the house specified in the petition at the meeting when the petitioners seek to have the question or measure considered.

�� (4) Active licensees of the state bar, by written petition signed by no fewer than five percent of all active licensees, may request that the board of governors submit to a vote of the licensees any question or measure. The board of governors shall submit the question or measure to a vote of the licensees of the bar if the question or measure is appropriate for a vote of the licensees. The initiative petition must contain the full text of the question or measure proposed. [1995 c.302 �11; 2017 c.94 �8; 2025 c.32 �14]

�� 9.150 Termination of delegate�s term. The term of service of any delegate shall end upon the death or resignation of the delegate. If the delegate is an attorney delegate, the term of service shall end on the date that the delegate:

�� (1) Terminates the delegate�s active licensure by the Oregon State Bar for any reason;

�� (2) Ceases to maintain the delegate�s principal office in the region the delegate was appointed or elected to represent;

�� (3) Takes office as a member of the board of governors, as a chairperson of a state bar section or as a county bar association president; or

�� (4) Is recalled pursuant to ORS 9.155. [1995 c.302 �12; 2001 c.297 �4; 2025 c.32 �15]

�� 9.152 Election of delegates; rules. (1) The election of delegates to the house of delegates shall be held annually on a date set by the board of governors. The election shall be by ballot. Any licensee of the Oregon State Bar who is eligible to serve as a delegate for a region may file a signed statement of candidacy for the region. Statements of candidacy must be filed with the bar at least 30 days before the election.

�� (2)(a) The bar shall distribute ballots containing the names of the candidates for the office of delegate in each region to every active licensee in the region. Voting must be completed on or before the day of the election. The chief executive officer shall canvass the votes and record the results of the election.

�� (b) The board by rule may provide for electronic elections under paragraph (a) of this subsection. Rules adopted under this paragraph may provide for electronic distribution of election materials and electronic tabulation of votes.

�� (3) In a region in which only one position is to be filled, the candidate receiving the highest vote shall be declared elected. If a region has more than one position to be filled, the candidate with the most votes received shall be declared elected, the candidate with the next highest number of votes received shall then be declared elected, and so on until all positions are filled. The balloting shall be conducted so that only eligible active licensees can vote, and the secrecy of the ballot shall be preserved.

�� (4) Notwithstanding subsection (1) of this section, the board may not conduct an election for a region if the number of candidates for the region is equal to or less than the number of open positions for the region. If the number of candidates for the region is equal to or less than the number of open positions for the region, the board shall declare the candidate or candidates elected on a date specified by the board. [1995 c.302 �13; 2001 c.297 �5; 2003 c.192 �2; 2011 c.303 �5; 2017 c.94 �9; 2025 c.32 �16]

�� 9.155 Recall of delegate. Upon the filing of a petition with the Oregon State Bar signed by 25 percent of the licensees of the bar from a region for the recall of a delegate elected from that region, the chief executive officer of the bar shall serve notice on the delegate of the filing of the petition. If the delegate does not resign within 15 days after the date that the notice is served, the chief executive officer shall distribute ballots to each licensee of the bar within the region. The ballots shall submit the question of whether the delegate should be recalled. If a majority of the licensees voting in the election vote in favor of the recall, the delegate is recalled and the position held by the delegate becomes vacant upon the chief executive officer�s declaration of the results of the election. [1995 c.302 �14; 2001 c.297 �6; 2017 c.94 �10; 2025 c.32 �17]

PRACTICE OF LAW; LICENSURE BY THE BAR

�� 9.160 Bar license required to practice law; exceptions. (1) Except as provided in this section, a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active licensee of the Oregon State Bar.

�� (2) Subsection (1) of this section does not affect the right to prosecute or defend a cause in person as provided in ORS 9.320.

�� (3) Any employee or volunteer of the Judicial Department acting with the authorization and direction of the Chief Justice or a presiding judge of a circuit court to provide assistance to members of the public with court processes, selecting and completing court forms and legal information is not engaged in the practice of law in violation of subsection (1) of this section.

�� (4) An individual licensed under ORS 696.022 acting in the scope of the individual�s license to arrange a real estate transaction, including the sale, purchase, exchange, option or lease coupled with an option to purchase, lease for a term of one year or longer or rental of real property, is not engaged in the practice of law in this state in violation of subsection (1) of this section.

�� (5) A title insurer authorized to do business in this state, a title insurance agent licensed under the laws of this state or an escrow agent licensed under the laws of this state is not engaged in the practice of law in this state in violation of subsection (1) of this section if, for the purposes of a transaction in which the insurer or agent provides title insurance or escrow services, the insurer or agent:

�� (a) Prepares any satisfaction, reconveyance, release, discharge, termination or cancellation of a lien, encumbrance or obligation;

�� (b) Acts pursuant to the instructions of the principals to the transaction as scrivener to fill in blanks in any document selected by the principals;

�� (c) Presents to the principals to the transaction for their selection any blank form prescribed by statute, rule, ordinance or other law; or

�� (d) Presents to the principals to the transaction for their selection a blank form prepared or approved by a lawyer licensed to practice law in this state for one or more of the following:

�� (A) A mortgage.

�� (B) A trust deed.

�� (C) A promissory note.

�� (D) An assignment of a mortgagee�s interest under a mortgage.

�� (E) An assignment of a beneficial interest under a trust deed.

�� (F) An assignment of a seller�s or buyer�s interest under a land sale contract.

�� (G) A power of attorney.

�� (H) A subordination agreement.

�� (I) A memorandum of an instrument that is to be recorded in place of the instrument that is the subject of the memorandum.

�� (6) In performing the services permitted in subsection (5) of this section, a title insurer, a title insurance agent or an escrow agent may not draft, select or give advice regarding any real estate document if those activities require the exercise of informed or trained discretion.

�� (7) The exemption provided by subsection (5) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (5)(b), (c) or (d) of this section unless the escrow agent provides to the principals to the transaction a notice in at least 12-point type as follows:

�� YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT.

�� (8) The exemption provided by subsection (5) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (5)(b), (c) or (d) of this section for a real estate sale and purchase transaction in which all or part of the purchase price consists of deferred payments by the buyer to the seller unless the escrow agent provides to the principals to the transaction:

�� (a) A copy of any proposed instrument of conveyance between the buyer and seller to be used in the transaction;

�� (b) A copy of any proposed deferred payment security instrument between the buyer and seller to be used in the transaction; and

�� (c) A copy of any proposed promissory note or other evidence of indebtedness between the buyer and seller to be used in the transaction.

�� (9) The notice and copies of documents that must be provided under subsections (7) and (8) of this section must be delivered in the manner most likely to ensure receipt by the principals to the transaction at least three days before completion of the transaction. If copies of documents have been provided under subsection (8) of this section and are subsequently amended, copies of the amended documents must be provided before completion of the transaction.

�� (10) Failure of any person to comply with the requirements of subsections (4) to (9) of this section does not affect the validity of any transaction and may not be used as a basis to challenge any transaction. [Amended by 2003 c.260 �1; 2007 c.319 �24; 2009 c.218 �4; 2021 c.497 �11; 2025 c.32 �18]

�� 9.162 Definitions for ORS 9.160 to 9.166. As used in ORS 9.160 to 9.166 and 9.280, unless the context or subject matter requires otherwise:

�� (1) �Person� means a human being, a public body as defined by ORS 174.109, a public or private corporation, an unincorporated association, a partnership, a limited liability company or any other business entity created under law.

�� (2) �Restitution� means full, partial or nominal payment of pecuniary damages to a victim.

�� (3) �Victim� means any person who the court determines has suffered pecuniary damages as a result of any other person�s violation of ORS 9.160. [1987 c.860 �2; 2009 c.218 �3]

�� 9.164 Investigation of alleged violation of ORS 9.160. Upon written complaint of any person or upon its own initiative, the Board of Governors of the Oregon State Bar shall investigate any alleged violation of ORS 9.160. [1987 c.860 �3]

�� 9.166 Enjoining practicing law without a license; restitution to victim. If the board has reason to believe that a person is practicing law without a license, the board may maintain a suit for injunctive relief in the name of the Oregon State Bar against any person violating ORS 9.160. The court shall enjoin any person violating ORS

ORS 90.317

90.317, 105.836 to 105.842, 455.360 and 476.725 shall be known and may be cited as the Lofgren and Zander Memorial Act. [2009 c.591 �15]

RADON HAZARDS AND METHODS FOR TESTING AND MITIGATION

�� 105.848 Radon information for potential buyers of one and two family dwellings. (1) The Real Estate Agency shall provide information to alert potential buyers of one and two family dwellings to issues concerning radon in the dwellings. The information may include, but need not be limited to, radon hazard potential and methods of testing for and mitigating radon. The agency may collaborate with public or private entities to provide the information.

�� (2) The agency shall place the information described in subsection (1) of this section on the agency�s website and make printed copies of the information available to the public. The agency may charge a reasonable fee for providing a printed copy of the information.

�� (3) The agency shall encourage public and private entities dealing with potential buyers of one and two family dwellings to post the information described in subsection (1) of this section on entity websites and to assist in making printed copies of the information available to the public. [2010 c.83 �3]

ACTION FOR REDUCED COMMERCIAL PROPERTY VALUE RESULTING FROM STREET USE RESTRICTION

�� 105.850 �Commercial property� defined for ORS 105.850 to 105.870. As used in ORS 105.850 to 105.870, �commercial property� means land and improvements used in a business operated thereon for the production of income, one of the principal aspects of which is the storing of motor vehicles or the providing of lodging to travelers using private conveyances. [1973 c.702 �1]

�� 105.855 Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property. Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use of the street traffic lane immediately adjacent to a sidewalk abutting commercial property to public conveyances and the existing access to that property by the general public by means of private conveyances is thereby prohibited or materially restricted for more than six hours in any 24-hour period, the city or mass transit district shall be liable for and shall pay the difference between the fair market value of the property prior to the restriction and the fair market value of the property subsequent to the restriction, taking into account any special benefits to the property resulting from improvements made by the city or mass transit district in connection with the restriction. The fact that other access to the property from a public way is available shall relieve the city or mass transit district from liability if the other access is reasonably equal to the access prohibited or materially restricted. [1973 c.702 �2]

�� 105.860 Cause of action against city for compensation; appeal procedure; intervention. Any person having any right, title or interest in any such abutting real property has a cause of action against the city to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal from the judgment of the circuit court as in other actions. A person having or claiming any right, title or interest in such real property may join as party plaintiff and may intervene in any action involving the real property in which the interest is claimed. [1973 c.702 �3; 2003 c.576 �241]

�� 105.865 Apportioning compensation among property owners; termination of city liability. (1) The circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.

�� (2) The liability of the city terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. [1973 c.702 �4; 2003 c.576 �242]

�� 105.870 Limitation on commencement of action. Any cause of action granted by ORS 105.850 to 105.870 is barred unless such action is commenced within 60 days after the date upon which the change of use becomes effective and use of the streets is prohibited or restricted. [1973 c.702 �5]

SOLAR ENERGY EASEMENTS

�� 105.880 Conveyance prohibiting use of solar energy systems void. (1) No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the use of solar energy systems by any person on that property.

�� (2) Any provision executed in violation of subsection (1) of this section after October 3, 1979, is void and unenforceable.

�� (3) For the purposes of this section, �solar energy system� means any device, structure, mechanism or series of mechanisms which uses solar radiation as a source for heating, cooling or electrical energy. [1979 c.671 �5]

�� 105.885 Definitions for ORS 105.885 to 105.895. As used in ORS 105.885 to 105.895:

�� (1) �Instrument� means a deed, contract, covenant, condition, permit or order that creates an access right to sunlight.

�� (2) �Solar energy easement� means any easement, covenant or conditions designed to insure the passage of incident solar radiation, light, air or heat across the real property of another.

�� (3) �Solar envelope� means a three-dimensional space over a lot representing height restrictions for structures and vegetation on the lot designed to protect access to sunlight for neighboring lots.

�� (4) �Sun chart� means a representation showing the plotted position of the sun. The chart shall display the path of the sun during each hour of the day and each month of the year at the nearest degree of latitude to the property. [1979 c.671 �6; 1981 c.722 �7]

�� 105.890 Solar energy easement appurtenant; termination. (1) A solar energy easement shall be appurtenant to and run with the real property benefited and burdened by such an easement.

�� (2) A solar energy easement shall terminate:

�� (a) Upon the conditions stated therein;

�� (b) By judgment of a court based upon abandonment or changed conditions; or

�� (c) At any time by agreement of all owners of benefited and burdened property. [1979 c.671 �7; 2003 c.576 �370]

�� 105.895 Requirements for easement creation by instrument; recordation. (1) Any instrument creating a solar energy easement or any other access right to sunlight shall contain:

�� (a) A legal description of the real property benefited and burdened by the easement; and

�� (b) A description of the solar energy easement sufficient to determine the space over the burdened property which must remain unobstructed by means that shall include, but not be limited to:

�� (A) A sun chart showing the plotted skyline, including vegetation and structures from the perspective of the center of the lower edge of the collector surface, and a drawing showing the size and location of the collector surface being protected and its orientation with respect to true south; or

�� (B) A description of the solar envelope sufficient to determine the space over the burdened property that must remain unobstructed.

�� (2) The instrument creating a solar energy easement or any other access right to sunlight shall be recordable under ORS 93.710. The instrument shall be recorded in the chains of title of the benefited and burdened properties as a transfer of the easement or access right from the owner of the burdened property to the owner of the benefited property.

�� (3) When an instrument creating a solar energy easement is issued by a city or otherwise requires approval from a city, the instrument shall be attested to and contain the original signature of a city official in addition to the descriptions and chart required under subsection (1) of this section.

�� (4) An instrument creating a solar energy easement shall be indexed when recorded by the name of the city and the names of all parties claiming any interest in the real property benefited or burdened by the easement. [1979 c.671 �8; 1981 c.590 �6; 1981 c.722 �8; 1991 c.230 �23]

WIND ENERGY EASEMENTS

�� 105.900 �Wind energy easement� defined for ORS 105.905 and 105.910. As used in ORS 105.905 and

ORS 90.427

90.427 (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.

�� (5) A landlord is not subject to subsection (2)(d) or (4) of this section if:

�� (a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or

�� (b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:

�� (A) Does not increase the tenant�s portion of the rent; or

�� (B) Is required by program eligibility requirements or by a change in the tenant�s income.

�� (6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months� rent plus actual damages suffered by the tenant.

�� (7) This section does not apply to tenancies governed by ORS 90.505 to 90.850. [2016 c.53 �2; 2019 c.1 �2; 2021 c.252 �1; 2023 c.226 �4]

�� Note: 90.323 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.324 Calculation of maximum rent increase; publication. (1) No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed for the following calendar year:

�� (a) For tenancies subject to ORS 90.600 (1) in facilities with more than 30 spaces, as six percent.

�� (b) For tenancies subject to ORS 90.600 (1) in facilities with 30 or fewer spaces or for tenancies subject to ORS 90.323, as the lesser of:

�� (A) Ten percent; or

�� (B) Seven percent plus CPI.

�� (2) No later than September 30th of each year, the Oregon Department of Administrative Services shall publish the maximum annual rent increase percentages allowed under this section, along with the provisions of ORS 90.323 and 90.600, in a press release.

�� (3) The department shall maintain publicly available information on its website about the maximum annual rent increase percentages for the previous calendar year and for the current calendar year and, on or after September 30th of each year, for the following calendar year.

�� (4) As used in this section, �CPI� means the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor. [2019 c.1 �5; 2023 c.226 �3; 2025 c.387 �1]

�� Note: 90.324 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

TENANT OBLIGATIONS

�� 90.325 Tenant duties. (1) The tenant shall:

�� (a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.

�� (b) Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.

�� (c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

�� (d) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

�� (e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.

�� (f) Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.

�� (g) Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.

�� (2) A tenant may not:

�� (a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 or 479.300.

�� (b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

�� (c) Remove, obstruct or tamper with a sprinkler head used for fire suppression.

�� (3) A tenant is not responsible for damage that results from:

�� (a) Acts of God; or

�� (b) Conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking.

�� (4) For damage that results from conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking, a landlord may require a tenant to provide verification that the tenant or a member of the tenant�s household is a victim of domestic violence, sexual assault, bias crime or stalking as provided by ORS 90.453. [Formerly 91.775; 1993 c.369 �7; 1995 c.559 �16; 1999 c.307 �21; 1999 c.603 �20; 2009 c.591 �13; 2015 c.388 �7; 2023 c.549 �1a]

�� 90.330 [Formerly 91.780; 1991 c.852 �1; 1995 c.559 �17; renumbered 90.262 in 1995]

�� 90.335 [Formerly 91.785; 1995 c.559 �18; renumbered 90.322 in 1995]

�� 90.340 Occupancy of premises as dwelling unit only; notice of tenant absence. Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. [Formerly 91.790; 1995 c.559 �19]

TENANT RIGHTS AND REMEDIES

�� 90.355 Portable cooling device allowed; exceptions; landlord termination based on violation. (1) As used in this section:

�� (a) �Extreme heat event� means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the National Oceanic and Atmospheric Administration.

�� (b) �Forecast zone� means a region for which the National Weather Service of the National Oceanic and Atmospheric Administration issues forecasts and some watches and warnings based on differences in weather.

�� (c) �Portable cooling device� includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.

�� (2) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant�s choosing, unless:

�� (a) The installation or use of the device would:

�� (A) Violate building codes or state or federal law;

�� (B) Violate the device manufacturer�s written safety guidelines for the device;

�� (C) Damage the premises or render the premises uninhabitable; or

�� (D) Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit;

�� (b) If the device would be installed in a window:

�� (A) The window is a necessary egress from the dwelling unit;

�� (B) The device would interfere with the tenant�s ability to lock a window that is accessible from outside;

�� (C) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;

�� (D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or

�� (E) The restrictions require that the device be installed in a manner that prevents risk of falling; or

�� (c) The restrictions require that the device be:

�� (A) Installed or removed by the landlord or landlord�s agent;

�� (B) Subject to inspection or servicing by the landlord or landlord�s agent; or

�� (C) Removed from October 1 through April 30.

�� (3) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (2) of this section unless the restrictions are in writing and delivered to the tenant. The written restrictions must include whether the landlord intends to operate, whenever there is an extreme heat event for the forecast zone of the premises, one or more community cooling spaces available to the tenant that are located on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit.

�� (4) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant.

�� (5) A landlord who must limit portable cooling devices for a building under subsection (2)(a)(D) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply�s inability to accommodate use of a portable cooling device.

�� (6) If a landlord issues a termination notice under ORS 90.392 or 90.630 based on a violation of a restriction regulating a portable cooling device allowed under subsection (2) of this section:

�� (a) On each day that there is an extreme heat event for the forecast zone of the premises, the notice period described in ORS 90.392 (3), (4), (5) or (6) or 90.630 (1), (3) or (6) does not run.

�� (b) The termination notice must state:

�� (A) The deadline of a cure period designated in the notice, if any;

�� (B) That the date of termination specified in the notice will be extended by one day for each day that there is an extreme heat event for the forecast zone of the premises; and

�� (C) That information regarding days with an extreme heat event for the forecast zone can be found on the website for the Housing and Community Services Department. [2022 c.86 �2; 2023 c.442 �71]

�� Note: 90.355 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.358 Dwelling use as family child care home allowed; conditions. (1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant�s use of a dwelling as a family child care home if:

�� (a) The family child care home is certified under ORS 329A.280 or registered under ORS

ORS 90.675

90.675.

�� (3) If the assessor cannot compute the exact amount of taxes due, the owner shall pay an amount based on the current assessed value of the manufactured structure or the value that would be used on the next assessment roll, or an amount based on the assessor�s best estimate of the total taxes and assessments. ORS 311.370 applies to taxes and assessments collected under this section.

�� (4) If the county assessor determines that all due or pending taxes and assessments have been paid, the assessor may issue a trip permit on behalf of the department and shall forward the application information to the department. The department shall update the department�s record for the manufactured structure and issue an updated ownership document for the structure indicating the change in information. If no ownership document exists for the manufactured structure, the department shall record the information for the structure and issue an ownership document.

�� (5) The department shall deliver an ownership document updated or issued under subsection (4) of this section to the holder of the earliest perfected unreleased security interest in the manufactured structure or, if none, to the owner of the structure. The department shall also send a copy of the ownership document to any other holders of unreleased security interests in the structure and to the county assessor for the county in which the structure is to be sited.

�� (6) The Department of Consumer and Business Services or a county may charge fees for services provided under this section. The fees charged pursuant to this subsection may not exceed the cost of the services provided.

�� (7) Subsections (1) to (6) of this section do not apply to the movement of a manufactured structure described under ORS 446.576 (1)(a) or (b) or 446.736. [2003 c.655 �22; 2005 c.22 �321]

�� Note: See note under 446.561.

�� 446.635 [1967 c.598 �2; 1971 c.588 �6; repealed by 1973 c.833 �48]

�� 446.636 Manufactured structure trip permits. (1) For a new manufactured structure, the manufactured structure dealer must obtain the trip permit on behalf of the owner. If the dealer fails to obtain the trip permit prior to the scheduled moving date, the vehicle transporter must obtain the trip permit on behalf of the owner.

�� (2) For a used manufactured structure, the owner must obtain a trip permit from the county assessor for the county in which the manufactured structure is sited.

�� (3) Notwithstanding subsections (1) and (2) of this subsection, if a dealer or vehicle transporter refuses to obtain a trip permit as required by subsection (1) of this section, or if a county assessor refuses to issue a trip permit to an owner who has complied with ORS 446.631, the owner may apply directly to the Department of Consumer and Business Services for a trip permit.

�� (4) The department may issue trip permits in bulk to a manufactured structure dealer or vehicle transporter. [2003 c.655 �22a]

�� Note: See note under 446.561.

�� 446.640 [1959 c.314 �17; repealed by 1973 c.833 �48]

�� 446.641 Sale of manufactured structure having ownership document or that is exempt structure. (1) If a person sells an ownership interest in a manufactured structure for which there is an ownership document issued under ORS 446.611 or a structure described in ORS 446.621 (1) to (6), the seller shall give notice of the sale to the county assessor for the county in which the structure is sited.

�� (2) The seller�s notice must be on a form approved by the Department of Consumer and Business Services. Information required by the form must include, but need not be limited to:

�� (a) The identities of the seller and the purchaser;

�� (b) Any change in the security interest in the structure resulting from the transaction; and

�� (c) For each holder of an unreleased security interest:

�� (A) A signed statement recorded on the ownership document for the manufactured structure acknowledging that the interest holder is aware of the sale; or

�� (B) Documentation satisfactory to the department showing that acknowledgment by the holder was requested but the holder has not responded.

�� (3) The seller shall submit the following with the notice:

�� (a) The ownership document or other document evidencing ownership of the manufactured structure.

�� (b) A copy of the bill of sale.

�� (c) Documentation satisfactory to the county assessor that all taxes, special assessments and other charges placed on the tax roll that have been certified for collection under ORS 311.105 and 311.110, all taxes in homestead deferral as described under ORS 311.666 to 311.701 and all delinquent taxes and special assessments for past years are paid or have been canceled.

�� (4) The county assessor shall forward the information contained in the notice and the ownership document or other document evidencing ownership to the department. The department shall update the ownership document for the manufactured structure or, if no ownership document exists, enter the information in the department�s records and issue an ownership document for the structure.

�� (6) A transfer of ownership of a manufactured structure by operation of law is a sale of the manufactured structure for purposes of this section.

�� (7) Notice given to a county assessor under subsection (1) of this section is not an instrument of conveyance.

�� (8) If a seller does not give a notice of sale to the county assessor within 30 days after closing of the sale of a manufactured structure, a buyer may submit a notice of sale to the assessor if the notice is accompanied by proof of sale acceptable to the department as provided by rule. Upon receipt of a notice of sale and acceptable proof of sale, the assessor shall forward the information to the department as provided in subsection (4) of this section. Submission of a notice of sale by a buyer does not excuse a seller from civil penalty under ORS

ORS 92.100

92.100. The surveyor shall approve the declaration amendment if it complies with subsection (7) of this section. The approval must be evidenced by execution of the amendment or by attached written approval.

�� (10)(a) Subject to paragraph (c) of this subsection, floor plans of a condominium for which floor plans were not required to be shown on a plat at the time of creation of the condominium or at the time of the recording of a supplemental declaration annexing property to the condominium may be amended by:

�� (A) An amendment of the declaration under paragraph (b) of this subsection; or

�� (B) A plat amendment under subsections (3) to (5) of this section.

�� (b) An amendment of the declaration must include:

�� (A) References to recording index numbers and date of recording of the declaration and any applicable supplemental declarations or amendments.

�� (B) A description of the change to the floor plans.

�� (C) A graphic depiction of any change to the boundaries of a unit or common element and a statement by a registered architect, registered professional land surveyor or registered professional engineer certifying that such graphic depiction fully and accurately depicts the boundaries of the unit or common element as it currently exists.

�� (c) Notwithstanding that floor plans were not required to be shown on a plat at the time of creation of the condominium or at the time of the recording of a supplemental declaration annexing property to the condominium, if floor plans are shown on a plat, the plat may not be amended under paragraph (b) of this subsection.

�� (11) The declaration amendment described in subsection (10)(b) of this section must be approved and recorded in accordance with ORS 100.110 and 100.135 except that any change to the floor plans need only comply with the requirements of the unit ownership laws in effect at the time the floor plans were initially recorded.

�� (12) After recording any declaration amendment or plat amendment pursuant to this section, the county surveyor may make appropriate changes to the surveyor�s copy of all previously recorded plats relating to the condominium and any copies filed under ORS 92.120 (3). The original plat may not be changed or corrected after the plat is recorded.

�� (13) For performing the services described in subsections (6), (9) and (12) of this section, the county surveyor shall collect from the person offering the plat amendment or declaration amendment for approval a fee established by the county governing body. [2009 c.641 �43; 2019 c.69 �5]

�� Note: 100.116 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.

�� 100.117 Correction amendment to declaration or bylaws. (1) As used in this section and ORS 100.118, �document� means the declaration, supplemental declaration or bylaws of a condominium.

�� (2) Notwithstanding a provision in a document or this chapter, a document or an amendment to a document may be corrected by a correction amendment under this section to:

�� (a) Correct the omission of an exhibit to a document.

�� (b) Correct a mathematical mistake, including, but not limited to:

�� (A) The calculation of the stated interest of affected units in the common elements;

�� (B) The area in square feet of a unit specified in the declaration or supplement declaration; and

�� (C) Liability of a unit for common expenses or right to common profits.

�� (c) Correct an inconsistency within a document or between or among the documents or a plat, supplemental plat or plat amendment.

�� (d) Correct an ambiguity, inconsistency or error with respect to an objectively verifiable fact.

�� (e) Authorize a plat amendment by correction under ORS 100.118 or an affidavit of correction under ORS 100.118.

�� (f) Correct a provision that was inconsistent with this chapter at the time the document was recorded.

�� (g) Correct the omission of a provision required under this chapter.

�� (3) A correction amendment adopted under subsection (4) of this section must include:

�� (a) The words �Correction Amendment� in or after the title;

�� (b) A reference to the recording index numbers and date of recording of the declaration, bylaws, plat, the document being corrected and any other applicable supplemental declarations, supplemental plats or amendments to the documents;

�� (c) A statement of the purpose of the correction; and

�� (d) A reference to any provisions of subsection (2) of this section that authorize the correction amendment.

�� (4) The board of directors may adopt a correction amendment under this section after giving notice as provided in subsection (8) of this section. No action by the unit owners is required.

�� (5) The declarant of the condominium may unilaterally adopt a correction amendment under this section to:

�� (a) A document or an amendment to a document, before the conveyance of the first unit in the condominium.

�� (b) A supplemental declaration or an amendment to the supplemental declaration, before conveyance of the first unit created by the supplemental declaration.

�� (6) A correction amendment under this section is not effective unless:

�� (a) The amendment is approved by the Real Estate Commissioner under ORS 100.110 and, to the extent required, ORS 100.410 and 100.413, by the county assessor and by the county tax collector, if required, under ORS 100.110;

�� (b) The amendment is certified by the association as adopted in accordance with subsection (4) of this section and acknowledged or is certified by the declarant under subsection (5) of this section and acknowledged; and

�� (c) Is recorded.

�� (7) A correction amendment to a declaration or a supplemental declaration that corrects the boundary of a unit, common element, variable property or other property interest constitutes a conveyance to the extent necessary to effectuate the correction.

�� (8)(a) Except for a correction amendment adopted by a declarant under subsection (5) of this section, the notice of any meeting of the board of directors at which the board intends to consider adoption of a correction amendment under this section must:

�� (A) State that the board intends to consider the adoption of a correction amendment.

�� (B) Specify the document to be corrected.

�� (C) Include a description of the nature of the correction.

�� (b) At least three days before the meeting of the board of directors, a notice of the meeting must be given to all owners in the manner described in ORS 100.420 (6).

�� (9) The owner of a unit materially affected by the correction must be given notice of the meeting of the board of directors under subsection (8) of this section in the manner required under ORS 100.407 (4).

�� (10) The board of directors shall provide a copy of the recorded correction amendment and any plat amendment by correction or by affidavit of correction under ORS 100.118 recorded concurrently with the correction amendment to any owner described under subsection (9) of this section and to any owner if the correction changes that owner�s:

�� (a) Allocation of voting rights;

�� (b) Liability for common expenses that changes the amount of any assessment; or

�� (c) Allocation of interest in the common elements. [2009 c.641 �43a; 2011 c.532 �19; 2019 c.69 �6; 2021 c.40 �17]

�� Note: 100.117 and 100.118 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 100 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 100.118 Correction amendment to condominium plat; fees. (1) Unless the context requires otherwise, as used in this section �plat� means:

�� (a) A plat recorded under ORS 100.115.

�� (b) Floor plans made part of a plat that was recorded before October 15, 1983.

�� (c) A supplemental plat recorded under ORS 100.115.

�� (d) A plat amendment recorded under ORS 100.116.

�� (2) Notwithstanding a provision in a document of a condominium or this chapter, a plat may be corrected by a plat amendment under ORS 100.116 as provided in subsection (3) of this section or by an affidavit of correction as provided in subsection (4) of this section.

�� (3) Except as provided in subsection (4) of this section, a correction to a plat must be made by a plat amendment in accordance with ORS 100.116. The plat amendment by correction may:

�� (a) Conform the designation, depiction or boundaries of a unit, common elements or variable property on the plat to the physical location or actual dimensions of the unit, common elements or variable property.

�� (b) Correct a mathematical mistake.

�� (c) Correct the designation of a unit or limited common element.

�� (d) Make any other correction permitted under ORS 100.117.

�� (4) An affidavit of correction may correct a plat to:

�� (a) Show any courses or distances omitted from the plat.

�� (b) Correct an error in any courses or distances shown on the plat.

�� (c) Correct an error in the description of the real property shown on the plat.

�� (d) Correct any other errors or omissions when the error or omission is ascertainable from the data shown on the plat.

�� (e) Correct any other errors or omissions on the plat determined by the county surveyor.

�� (5) Nothing in subsection (4) of this section may be construed to permit changes in courses or distances for the purpose of redesigning unit, common element or variable property configurations by affidavit of correction under this section.

�� (6) The affidavit of correction shall be prepared by the registered professional land surveyor whose signature and seal are on the plat. In the event of the death, disability or retirement from practice of the surveyor, the county surveyor may prepare and record the affidavit of correction.

�� (7) The affidavit of correction prepared under subsection (6) of this section shall:

�� (a) Set forth in detail the corrections made; and

�� (b) Contain the seal and signature of the registered professional land surveyor making the correction which shall be affixed to the affidavit of correction.

�� (8) The affidavit of correction shall be submitted to the county surveyor for examination and a determination that:

�� (a) The changes shown on the affidavit of correction are permitted under subsection (4) of this section; and

�� (b) The affidavit of correction complies with subsection (7) of this section.

�� (9) If the county surveyor determines that the affidavit of correction complies with subsection (7) of this section, the county surveyor shall sign a certification that the affidavit of correction has been examined and complies with this section. The certification shall be a part of or an attachment to the affidavit of correction.

�� (10)(a) Before an affidavit of correction is recorded, it must be approved by the Real Estate Commissioner. The affidavit of correction shall be filed with the commissioner under ORS 100.670.

�� (b) The commissioner shall approve the affidavit of correction if it complies with this section. The approval shall be evidenced by execution of the affidavit of correction.

�� (11)(a) The surveyor who prepared the affidavit of correction shall cause the affidavit of correction to be recorded by the recording officer of the county where the plat or supplemental plat is recorded.

�� (b) If a correction by an affidavit of correction requires a correction amendment to a document under ORS 100.117, the affidavit of correction must be recorded concurrently with the correction amendment.

�� (12) The surveyor who prepared the affidavit of correction shall cause a copy of the recorded affidavit of correction to be provided to:

�� (a) The association of unit owners of the condominium, at the address shown in the Condominium Information Report filed in accordance with ORS 100.250 or such other address of which the surveyor has knowledge.

�� (b) The county surveyor, unless otherwise directed by the county surveyor.

�� (c) The commissioner.

�� (13)(a) Unless otherwise specified in the affidavit of correction, after recording the affidavit of correction, the county clerk shall return the affidavit of correction to the county surveyor.

�� (b) Upon receipt of the original recorded affidavit of correction or a copy, the county surveyor shall note the correction and the recorder�s filing information, with permanent ink, upon any true and exact copies filed in accordance with ORS 92.120 (3). The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the plat.

�� (14) For recording the affidavit of correction under subsection (11) of this section, the county clerk shall collect a fee as provided in ORS 205.320. Corrections or changes are not allowed on the original plat once it is recorded.

�� (15) For performing the services described in this section, the county surveyor shall collect from the person submitting the affidavit of correction a fee established by the county governing body. [2009 c.641 �43b]

�� Note: See note under 100.117.

�� 100.119 Restated declaration; restated assignment of use. (1) An association of unit owners may adopt a resolution, without approval of unit owners, to prepare and record a restated declaration that must include:

�� (a) The word �Restated� in the declaration title.

�� (b) All previously adopted amendments that are recorded and in effect.

�� (c) A statement that the association has adopted a resolution in accordance with this subsection.

�� (d) A reference to the recording index numbers and date of recording of the initial declaration and all previously recorded amendments that are in effect and are being codified.

�� (e) A certification by the association that:

�� (A) The restated declaration includes all previously adopted amendments that are recorded and in effect.

�� (B) Other changes were not made to the declaration except, if applicable, to correct scriveners� errors or to conform format and style.

�� (2) The association may adopt a resolution, without specific approval of unit owners, to prepare and record a restated assignment of use of limited common elements under this section, that must include:

�� (a) The words �Restated Assignment of Use of Limited Common Elements� followed by the title of the declaration and the name of the condominium if the name is not part of the title of the declaration.

�� (b) An assignment of use of all limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

�� (c) A reference to the recording index numbers and date of recording of the initial declarations and all supplemental declarations and amendments that are recorded and in effect.

�� (d) The unit to which the use of each limited common element is reserved.

�� (e) An allocation, if any, of use of a limited common element assigned to more than one unit.

�� (f) If the condominium is a flexible condominium or a staged condominium, the location of each unit and limited common element assigned to the unit by stage, supplemental declaration, applicable plat or other method.

�� (g) A statement that the association has adopted a resolution in accordance with this subsection.

�� (h) Any other information required by rule by the Real Estate Commissioner.

�� (i) Certification by the association that:

�� (A) The restated assignment of use of limited common elements includes all assignments of use of limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

�� (B) Other changes were not made to the restatement except to correct scriveners� errors or to conform format and style.

�� (3) If the restated declaration or the restated assignment of use conflicts with a recorded and effective document that supplemented or amended the declaration or assignment, the document that supplemented or amended the declaration or assignment controls.

�� (4) A restated declaration or a restated assignment of use under this section is not effective unless:

�� (a) Executed by the association and acknowledged;

�� (b) Approved by the commissioner under ORS 100.110; and

�� (c) Recorded in the office of the recording officer of every county in which the condominium is located.

�� (5) The association shall file a copy of the recorded restated declaration or assignment of use with the commissioner. [2019 c.69 �2]

�� Note: 100.119 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.

�� 100.120 Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date. (1)(a) To annex additional property to the condominium under ORS 100.125 or to reclassify or redesignate variable property under ORS 100.150 (1), a supplemental declaration and a supplemental plat must be executed, approved and recorded by the declarant in each county in which the property is located at the time of each annexation, reclassification or redesignation as provided in this section.

�� (b) Withdrawable variable property may not be redesignated nonwithdrawable variable property under this chapter by an amendment to the declaration, plat, supplemental declaration or supplemental plat.

�� (2) The supplemental plat must comply with ORS 100.115 and the supplemental declarations must:

�� (a) Include a reference to recording index numbers and date of recording of the initial declaration and bylaws.

�� (b) Be consistent with the provisions of the original declaration prepared pursuant to ORS

ORS 92.305

92.305 to 92.495 to be offered for sale or lease and may make a public report of the commissioner�s findings. If a subdivision or series partition is located within this state and if no report is made within 45 days after examination of the subdivision or series partition, the report shall be deemed waived.

�� (2) The commissioner may waive an examination of a real estate subdivision located in another state only when that state has an existing subdivision law which provides for the examination of and a public report on the real estate subdivision and only where that state will waive examination of a real estate subdivision or series partition located within this state and will accept in lieu thereof a report prepared by the commissioner under subsection (1) of this section. [1974 c.1 �8; 1975 c.643 �6; 1983 c.570 �15]

�� 92.390 [1963 c.624 �24; repealed by 1973 c.421 �52]

�� 92.395 Waiver of examination in this state; notice to subdivider or series partitioner. With respect to any subdivision or series partition within this state, if, after examination of the preliminary notice of intention required by ORS 92.345 or the reply to the Real Estate Commissioner�s request for further information, the commissioner concludes that the sale or lease of any portion of such subdivision or series partition would be reasonably certain not to involve any misrepresentation, deceit or fraud, the commissioner shall waive all of the provisions of ORS 92.305 to 92.495, except ORS 92.475 to 92.495 and 92.990 (2), which the commissioner considers unnecessary for the protection of the public from fraud, deceit or misrepresentation. The commissioner shall notify the subdivider or series partitioner within 15 days of receipt of the preliminary notice of intention of the approval or disapproval of any waiver. However, the commissioner may, for good and sufficient cause, revoke any waiver at any time upon 10 days� notice and a hearing held for such purpose. [1974 c.1 �9; 1983 c.570 �16]

�� 92.405 Sale prohibited where public report not waived; distribution and use of public report. (1) Unless the making of a public report has been waived, a person may not sell or lease a lot, parcel or interest in a subdivision or series partition prior to the issuance of the report.

�� (2) A copy of the public report, when issued, must be given to the prospective purchaser by the subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, prior to the execution of a binding contract or agreement for the sale or lease of a lot, parcel or interest in a subdivision or series partition. The subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, shall take a receipt from the prospective purchaser or lessee upon delivery of a copy of the Real Estate Commissioner�s public report. The receipt must be kept on file within this state in the possession of the subdivider, series partitioner or developer subject to inspection by the commissioner for a period of three years from the date the receipt is taken.

�� (3) The commissioner�s public report may not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized or printed in larger or heavier type than the balance of the report unless the true copy of the report so emphasizes such portion.

�� (4) The commissioner may furnish at cost copies of the public report for the use of subdividers, series partitioners and developers.

�� (5) The requirements of this section extend to lots, parcels or other interests sold by the subdivider, series partitioner or developer after repossession.

�� (6) In addition to other sanctions provided by law, a violation of subsection (1), (2) or (3) of this section is an unlawful practice subject to ORS 646.608. [1974 c.1 �10; 1975 c.643 �7; 1977 c.809 �9; 1983 c.570 �17; 2005 c.799 �1; 2007 c.71 �25]

�� 92.410 Review of subdivisions for which public report issued; revised public report; compliance with ORS 92.305 to 92.495. (1) Notwithstanding the effective date of chapter 643, Oregon Laws 1975, prior to February 1, 1976, the Real Estate Commissioner may review any subdivision for which a public report has been issued and is dated prior to September 13, 1975, and when the commissioner considers it necessary for the protection of the public from fraud, deceit or misrepresentation, the commissioner may, after notice to the subdivider, issue a revised public report for the subdivider and subsequent developers of interests in the subdivision to comply with the provisions of ORS 92.305 to 92.495 as though the public report had been issued and dated after September 13, 1975.

�� (2) Any subdivision for which a public report has been issued and is dated prior to September 13, 1975, and for which the commissioner has not issued a revised public report under subsection (1) of this section prior to February 1, 1976, shall not be required to comply with the amendments to ORS 92.305 to 92.495 and made by chapter 643, Oregon Laws 1975. [1975 c.643 �22]

�� Note: Legislative Counsel has substituted �chapter 643, Oregon Laws 1975,� for the words �this 1975 Act� in section 22, chapter 643, Oregon Laws 1975, compiled as 92.410. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1975 Comparative Section Table located in Volume 22 of ORS.

�� 92.415 Advance of travel expense for examination of subdivision or series partition. When an examination is to be made of subdivided or series partitioned lands situated in the State of Oregon, or of subdivided lands situated outside the state which will be offered for sale or lease within this state, the Real Estate Commissioner, in addition to the filing fee provided in ORS 92.345, may require the subdivider or series partitioner to advance payment of an amount estimated by the commissioner to be the expense incurred in going to and returning from the location of the project, and an amount estimated to be necessary to cover the additional expense of such examination, subject to prior approval of the Oregon Department of Administrative Services and within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The amounts estimated by the commissioner, under this section shall be based upon any applicable limits established and regulated by the Oregon Department of Administrative Services under ORS 292.220. [1974 c.1 �11; 1975 c.643 �8; 1979 c.242 �6; 1983 c.181 �2; 1983 c.570 �18; 1991 c.703 �2; 2023 c.602 �2]

(Requirements for Sale)

�� 92.425 Conditions prerequisite to sale. (1) No lot, parcel or interest in a subdivision or series partition shall be sold by a subdivider, series partitioner or developer by means of a land sale contract unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow:

�� (a) A copy of the title report or abstract, as it relates to the property being sold.

�� (b) The original sales document or an executed copy thereof relating to the purchase of real property in the subdivision or series partition clearly setting forth the legal description of the property being purchased, the principal amount of the encumbrance outstanding at the date of the sales document and the terms of the document.

�� (c) A commitment to give a partial release for the lot, parcel or other interest being sold from the terms and provisions of any blanket encumbrance as described in ORS 92.305 (1). Except as otherwise provided in subsection (4) of this section, the commitment shall be in a form satisfactory to the Real Estate Commissioner.

�� (d) A commitment to give a release of any other lien or encumbrance existing against such lot, parcel or other interest being sold as revealed by such title report. Except as otherwise provided in subsection (4) of this section, the commitment shall be in a form satisfactory to the commissioner.

�� (e) A warranty or bargain and sale deed in good and sufficient form conveying merchantable and marketable title to the purchaser of such lot, parcel or other interest.

�� (2) The subdivider, series partitioner or developer shall submit written authorization allowing the commissioner to inspect all escrow deposits established pursuant to subsection (1) of this section.

�� (3) In lieu of the procedures provided in subsection (1) of this section, the subdivider, series partitioner or developer shall conform to such alternative requirement or method which the commissioner may deem acceptable to carry into effect the intent and provisions of this section.

�� (4) The requirements of subsection (1)(c) and (d) of this section relating to use of a commitment form acceptable to the commissioner and the provisions of subsection (2) of this section shall not apply to subdivided or series partitioned lands described by ORS 92.325 (2). [1974 c.1 �12; 1975 c.643 �9; 1977 c.809 �10; 1979 c.242 �7; 1983 c.530 �54; 1983 c.570 �19; 2024 c.102 �13]

�� 92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions. (1) A purchaser of a lot, parcel or interest in a subdivision or series partition may cancel, for any reason, any contract, agreement or any evidence of indebtedness associated with the sale of the lot, parcel or interest in the subdivision or series partition within three business days from the date of signing by the purchaser of the first written offer or contract to purchase.

�� (2) Cancellation, under subsection (1) of this section, occurs when the purchaser of a lot, parcel or interest gives written notice to the seller at the seller�s address. The three business days cancellation period in subsection (1) of this section does not begin until the seller provides the purchaser with seller�s address for cancellation purposes.

�� (3) A notice of cancellation given by a purchaser of a lot, parcel or interest in a subdivision or series partition need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the purchaser not to be bound by the contract or evidence of indebtedness.

�� (5) Upon receipt of a timely notice of cancellation, the seller shall immediately return to the purchaser all payments received from the purchaser. In case of payments made by check, the seller is not required to return the payment to a purchaser until the check is finally paid as provided in ORS 74.2130. Upon return of all such payments the purchaser shall immediately transfer the purchaser�s rights in the lot, parcel or interest to the seller, not subject to any encumbrance created or suffered by the purchaser. In the case of cancellation by a purchaser of any evidence of indebtedness, the purchaser shall return the purchaser�s copy of the executed evidence of indebtedness to the seller, and the seller shall cancel the evidence of indebtedness. Any encumbrances against the purchaser�s interest in the lot, parcel or interest arising by operation of law from an obligation of the purchaser existing prior to transfer of the lot, parcel or interest to the purchaser shall be extinguished by the reconveyance.

�� (6) An act of a purchaser is not effective to waive the right of cancellation granted by subsection (1) of this section. A subdivider, series partitioner or developer may require that a purchaser of a lot, parcel or interest in a subdivision or series partition execute and deliver to the subdivider, series partitioner or developer, after the expiration of the three-day cancellation period, a signed statement disclaiming any notice of cancellation that may have been made by the purchaser prior to expiration of the three-day cancellation period for the offer under subsection (1) of this section, that may have been timely and properly done under this section and that has not been received by the subdivider, series partitioner or developer. In case of execution of any such statement by the purchaser, the statement shall be sufficient to rescind the notice of cancellation.

�� (7) This section does not apply to:

�� (a) The sale of a lot in a subdivision or a parcel in a series partition that has a residential dwelling upon it at the time of sale;

�� (b) The sale of a lot in a subdivision or a parcel in a series partition when, at the time of sale, the seller has contracted with the purchaser to build a residential dwelling upon the lot or parcel; or

�� (c) The sale of a lot in a subdivision or a parcel in a series partition to a person who derives a substantial portion of income from the development or purchase and sale of real property.

�� (8) Notwithstanding subsection (7) of this section, this section applies to a planned community subdivision of manufactured dwellings created under ORS

ORS 92.425

92.425, 92.427, 92.430, 92.433, 92.455, 92.460, 92.465, 92.475, 92.485, 92.490 and 92.495.

�� (3) The commissioner may withdraw the exemption provided by this section if the commissioner determines that the subdivider or series partitioner has provided false information or omitted to state material facts to obtain the exemption or has failed to comply with any provision to which the subdivider or series partitioner is subject under subsections (1) and (2) of this section.

�� (4) In the event that any provision under subsection (1) of this section is not or cannot be satisfied and without invoking the power granted under subsection (3) of this section, the commissioner and the subdivider or series partitioner may mutually agree in writing upon a written disclosure of the condition that shall be provided to any prospective purchaser prior to the sale or lease of any interest in the subdivision or series partition to carry out the public policy stated in ORS 92.313.

�� (5) The form required by subsection (1) of this section shall be accompanied by a filing fee of $100 plus $10 for each lot, parcel or interest in the subdivision or series partition, with a maximum fee of $500.

�� (6) For purposes of verification by the subdivider or series partitioner under subsection (1)(b), (c) and (g) of this section, a copy of the conditions imposed by the appropriate governing body will be sufficient. [1975 c.643 �20; 1977 c.809 �1; 1979 c.242 �2; 1983 c.570 �10; 2009 c.595 �60]

�� 92.339 Use of fees. The moneys received under ORS 92.305 to 92.495 and this section shall be paid into the State Treasury and placed to the credit of the General Fund in the Real Estate Account established under ORS 696.490. [Formerly 92.820]

�� 92.340 [1963 c.624 �16; repealed by 1973 c.421 �52]

(Filing Requirements)

�� 92.345 Notice of intention; fee. (1) Prior to negotiating within this state for the sale or lease of subdivided lands located outside this state, or prior to the sale or lease of any subdivided or series partitioned lands located within this state, the subdivider, series partitioner or agent of the subdivider or series partitioner shall by a �Notice of Intention� notify the Real Estate Commissioner in writing of the intention to sell or lease. A notice of intention shall contain true information as follows:

�� (a) The name and the business and residence address of the subdivider or series partitioner;

�� (b) The names and the business addresses of all licensees of the commissioner and of all other persons selling or leasing, within this state, interests in the subdivision or series partition;

�� (c) With respect to subdivided or series partitioned lands located in this state:

�� (A) For subdivided land or a subdivision as those terms are defined by ORS 92.010, a certified copy of the plat filed for record under ORS 92.120 and a copy of any conditions imposed by the city or county governing body;

�� (B) For a partition as that term is defined by ORS 92.010, a certified copy of the plat filed for record under ORS 92.120 and a copy of any conditions imposed by the city or county governing body; and

�� (C) For all other land subject to ORS 92.305 to 92.495, a survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold and a statement from the city or county governing body that the proposal as depicted on the survey, diagram, drawing or other writing has received all necessary local approvals or that no local approval is required;

�� (d) With respect to subdivided lands located outside this state:

�� (A) A copy of the plat, map, survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold, in the final recorded form required by the governing body having jurisdiction over the property; and

�� (B) A written statement from the appropriate governing body that the plat, map, survey, diagram, drawing or other writing is in compliance with all applicable laws, ordinances and regulations;

�� (e) A brief but comprehensive statement describing the land on and the locality in which the subdivision or series partition is located;

�� (f) A statement of the condition of the title to the land;

�� (g) A statement of the provisions, if any, that have been made for legal access, sewage disposal and public utilities in the proposed subdivision or series partition, including water, electricity, gas and telephone facilities;

�� (h) A statement of the use or uses for which the proposed subdivision or series partition will be offered; and

�� (i) A statement of the provisions, if any, limiting the use or occupancy of the interests in the subdivision or series partition.

�� (2) The notice of intention shall be accompanied by a filing fee as follows:

�� (a) For subdivisions or series partitions containing 10 or fewer lots, parcels or interests, $100.

�� (b) For subdivisions or series partitions containing over 10 lots, parcels or interests, $100, and $25 for each additional lot, parcel or interest, but in no case shall the fee be more than $2,500.

�� (3) For lands located outside this state, the notice of intention shall include only the area shown by the plat, survey, diagram, drawing or other writing required under subsection (1)(d) of this section. The subdivision of any contiguous lands located outside this state shall be treated as a separate subdivision for which an additional complete filing must be made, even though the plat, map, survey, diagram, drawing or other writing of the contiguous lands is recorded simultaneously as part of an overall development. [1974 c.1 �4; 1974 c.53 �1; 1975 c.643 �3; 1977 c.809 �8; 1979 c.242 �5; 1983 c.570 �11; 1985 c.369 �6; 1991 c.763 �23; 2007 c.866 �11; 2008 c.12 �5]

�� 92.350 [1963 c.624 �18; repealed by 1973 c.421 �52]

�� 92.355 Commissioner may request further information; content. (1) The Real Estate Commissioner may require the subdivider or series partitioner to furnish such additional information in a �Request for Further Information� as the commissioner determines to be necessary in the administration and enforcement of ORS 92.305 to 92.495 including but not limited to:

�� (a) A statement of the terms and conditions on which it is intended to transfer or dispose of the land or interest therein, together with copies of any contract, conveyance, lease, assignment or other instrument intended to be used;

�� (b) Copies of all sales pamphlets and literature to be used in connection with the proposed subdivision or series partition; and

�� (c) Any other information that the subdivider or series partitioner may desire to present.

�� (2) The subdivider�s or series partitioner�s reply to the first request for further information required by the commissioner under subsection (1) of this section shall be accompanied by proof of the financial ability of the subdivider or series partitioner to complete improvements and facilities which are:

�� (a) Required by the appropriate state, city and county authorities; and

�� (b) Promised to prospective purchasers. [1974 c.1 �5; 1983 c.570 �12]

�� 92.360 [1963 c.624 �21; repealed by 1973 c.421 �52]

�� 92.365 Filing information to be kept current; fee for notice of material change. (1) The information required under ORS 92.345 and 92.355 shall be kept current by the subdivider or series partitioner. Any material change in the information furnished to the Real Estate Commissioner shall be reported by the subdivider or series partitioner within 10 days after the change occurs.

�� (2) A subdivider or series partitioner shall be responsible for the accuracy of and for providing all information required by ORS 92.345, 92.355 and this section for as long as the subdivider or series partitioner retains any unsold lot, parcel or interest in the subdivision or series partition to which the information pertains.

�� (3) A developer who acquires a lot, parcel or interest in a subdivision or series partition shall be responsible for as long as the developer retains any unsold lot, parcel or interest in the subdivision or series partition for all material changes in the information contained in the public report which the developer receives on acquisition of the property:

�� (a) Which the developer causes by action of the developer; and

�� (b) Concerning the zoning, sewage disposal and water supply which substantially affect the intended use of the property as stated in the public report.

�� (4) A developer shall accurately report to the commissioner a material change specified in subsection (3) of this section within 10 days after the change occurs. However, a developer who acquires less than 11 lots, parcels or interests in a subdivision or series partition during a six consecutive month period shall only be responsible for a material change specified in subsection (3)(b) of this section and may revise a public report to reflect such material change without reporting the material change to the commissioner.

�� (5) The commissioner shall require a fee sufficient to recover any administrative expenses after receipt of a material change notice if, because of the changes, a public report must be issued or revised by the commissioner. The fee is subject to prior approval of the Oregon Department of Administrative Services and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. [1974 c.1 �7; 1975 c.643 �4; 1983 c.181 �1; 1983 c.570 �13; 1991 c.703 �1; 2023 c.602 �1]

�� 92.370 [1963 c.624 �22; 1965 c.584 �10; repealed by 1973 c.421 �52]

�� 92.375 Consent to service of process on commissioner. (1) Every nonresident subdivider or series partitioner, at the time of filing the notice of intention and information required by ORS 92.345 and 92.355, and every nonresident developer who acquires more than 10 lots or parcels in a subdivision or series partition during a six consecutive month period, at the time the developer acquires the lots, parcels or interests in a subdivision or series partition, shall also file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the developer, subdivider or series partitioner in this state arising out of a violation of ORS 92.305 to 92.495, personal service of summons or process upon the developer, subdivider or series partitioner cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the developer, subdivider or series partitioner by service on the commissioner.

�� (2) The consent shall be in writing executed and verified by an officer of a corporation or association, a general partner of a partnership or by an individual subdivider, series partitioner or developer and shall set forth:

�� (a) The name of the subdivider, series partitioner or developer.

�� (b) The address to which documents served upon the commissioner are to be forwarded.

�� (c) If the subdivider, series partitioner or developer is a corporation or unincorporated association, that the consent signed by such officer was authorized by resolution duly adopted by the board of directors.

�� (3) The address for forwarding documents served under this section may be changed by filing a new consent in the form prescribed in subsection (2) of this section.

�� (4) Service on the commissioner of any such process shall be made by delivery to the commissioner or a clerk on duty in any office of the commissioner, duplicate copies of such process, with duplicate copies of any papers required by law to be delivered in connection with such service.

�� (5) When served with any such process, the commissioner shall immediately cause one of the copies thereof, with any accompanying papers, to be forwarded by registered mail or by certified mail with return receipt to the subdivider, series partitioner or developer at the address set forth in the consent.

�� (6) The commissioner shall keep a record of all processes, notices and demands served upon the commissioner under this section, and shall record therein the time of such service and action with reference thereto. [1974 c.1 �6; 1975 c.643 �5; 1983 c.570 �14; 1991 c.249 �9]

�� 92.377 [2015 c.260 �2; repealed by 2025 c.476 �21]

�� 92.380 [1963 c.624 �23; 1965 c.584 �11; repealed by 1973 c.421 �52]

(Examination of Subdivision and Series Partition; Public Report)

�� 92.385 Examination; public report; waiver of examination in other state. (1) The Real Estate Commissioner may make an examination of any subdivision or series partition subject to ORS

ORS 93.030

93.030.)

Dated this _ day of , 2.

�� (2) A deed in the form of subsection (1) of this section shall have the effect of conveying whatever title or interest, legal or equitable, the grantor may have in the described property at the date of the deed but shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel.

�� (3) A grantee taking title by way of a quitclaim deed shall not, merely because of receipt of title by or through such a deed, be denied the status of a good faith purchaser for value. [1973 c.194 �4; 1999 c.214 �4]

�� 93.870 Statutory deed forms optional. The form of deeds set forth in ORS 93.850 to 93.865 are permissive and not mandatory. Other forms of deeds may be used for the conveyance of real property. [1973 c.194 �5]

FORFEITURE UNDER LAND SALES CONTRACT

�� 93.905 Definitions for ORS 93.905 to 93.940. As used in ORS 93.905 to 93.940, unless the context requires otherwise:

�� (1) �Contract for transfer or conveyance of an interest in real property� shall not include earnest money or preliminary sales agreements, options or rights of first refusal.

�� (2) �Forfeiture remedy� means the nonjudicial remedy whereby the seller cancels the contract for default, declares the purchaser�s rights under the contract to be forfeited, extinguishes the debt and retains sums previously paid thereunder by the buyer.

�� (3) �Purchase price� means the total price for the interest in the real property as stated in the contract, including but not limited to down payment, other property or value given or promised for which a dollar value is stated in the contract and the balance of the purchase price payable in installments, not including interest. If the contract provides for the conveyance of an interest in more than one parcel of property, the purchase price shall include only the portion of the price attributable to the remaining, unconveyed interest in real property, if the value thereof is separately stated or can be determined from the terms of the contract.

�� (4) �Purchaser� means any person who by voluntary transfer acquires a contractual interest in real property, any successor in interest to all or any part of the purchaser�s contract rights of whom the seller has actual or constructive notice, and any person having a subordinate lien or encumbrance of record, including, but not limited to, a mortgagee, a beneficiary under a trust deed and a purchaser under a subordinate contract for transfer or conveyance of an interest in real property.

�� (5) �Seller� means any person who transfers or conveys an interest in real property, or any successor in interest of the seller.

�� (6) �Unpaid balance� means the sum of the unpaid principal balance, accrued unpaid interest and any sums actually paid by the seller on behalf of the purchaser for items required to be paid by the purchaser, including amounts paid for delinquent taxes, assessments or liens, or to obtain or reinstate required insurance. [1985 c.718 �1]

�� 93.910 Enforcement of forfeiture remedy after notice of default. Whenever a contract for transfer or conveyance of an interest in real property provides a forfeiture remedy, whether the remedy is self-executing or is optional, forfeiture of the interest of a purchaser in default under the contract may be enforced only after notice of the default has been given to the purchaser as provided in ORS 93.915, notwithstanding any provision in the contract to the contrary. [1985 c.718 �2]

�� 93.913 Forfeiture allowed for default under certain collateral assignments of interest. In the event of a default under a collateral assignment of the interest of a seller or purchaser in a land sale contract, including a collateral assignment of the proceeds thereof, the assignee may enforce a remedy of forfeiture, as set forth in ORS 93.905 to 93.945, unless the agreement between the parties otherwise prohibits such remedy. [1989 c.516 �3]

�� Note: 93.913 and 93.918 were added to and made a part of ORS chapter 93 by legislative action but were not added to any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 93.915 Notice of default; contents; recordation; time of forfeiture; interim measures. (1) In the event of a default under a contract for conveyance of real property, a seller who wishes to enforce a forfeiture remedy must give written notice of default by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified mail with return receipt requested, to the last-known address of the following persons or their legal representatives, if any:

�� (a) The purchaser.

�� (b) An occupant of the property.

�� (c) Any person who has caused to be filed for record in the county clerk�s office of a county in which any part or parcel of the real property is situated, a duly acknowledged request for a copy of any notice of default served upon or mailed to the purchaser. The request shall contain the name and address of the person requesting copies of the notice and shall identify the contract by stating the names of the parties to the contract, the date of recordation of the contract and the book and page where the contract is recorded. The county clerk shall immediately make a cross-reference of the request to the contract, either on the margin of the page where the contract is recorded or in some other suitable place. No request, statement or notation placed on the record pursuant to this section shall affect title to the property or be deemed notice to any person that any person so recording the request has any right, title, interest in, lien or charge upon the property referred to in the contract.

�� (2) Notices served by mail are effective when mailed.

�� (3) The notice shall specify the nature of the default, the amount of the default if the default is in the payment terms, the date after which the contract will be forfeited if the purchaser does not cure the default and the name and address of the seller or the attorney for the seller. The period specified in the notice after which the contract will be forfeited may not be less than:

�� (a) Sixty days, when the purchaser has reduced the unpaid balance to an amount greater than 75 percent of the purchase price;

�� (b) Ninety days, when the purchaser has reduced the unpaid balance to an amount which is more than 50 percent but less than 75 percent of the purchase price; or

�� (c) One hundred twenty days, when the purchaser has reduced the unpaid balance to an amount which is 50 percent or less of the purchase price.

�� (4) The seller shall cause to be recorded in the real property records of each county in which any part of the property is located a copy of the notice, together with an affidavit of service or mailing of the notice of default, reciting the date the notice was served or mailed and the name and address of each person to whom it was given. From the date of recording, the notice and affidavit shall constitute constructive notice to third persons of the pending forfeiture. If, not later than one year after the time for cure stated in a recorded notice and affidavit or any recorded extension thereof, no declaration of forfeiture based upon the recorded notice and affidavit has been recorded and no extension of time for cure executed by the seller has been recorded, the notice and affidavit shall not be effective for any purpose nor shall it impart any constructive or other notice to third persons acquiring an interest in the purchaser�s interest in the contract or the property or any portion of either. Any extension of time for cure executed by the seller shall be recorded in the same manner as the original notice and affidavit.

�� (5) The statement contained in the notice as to the time after which the contract will be forfeited if the default is not cured shall conclusively be presumed to be correct, and the notice adequate, unless one or more recipients of such notice notifies the seller or the attorney for the seller, by registered or certified mail, that such recipient claims the right to a longer period of time in which to cure the default.

�� (6) Subject to the procedural requirements of the Oregon Rules of Civil Procedure and the Oregon Receivership Code, as applicable, an action may be instituted to appoint a receiver or to obtain a temporary restraining order during forfeiture under a land sale contract, except that a receiver shall not be appointed with respect to a single-family residence which is occupied at the time the notice of default is given, as the principal residence of the purchaser, the purchaser�s spouse or the purchaser�s minor dependent children. [1985 c.718 �3; 1987 c.717 �1; 1991 c.12 �1; 2017 c.358 �49]

�� 93.918 Continuation of proceedings after certain types of stay ordered by court; procedures. (1) Except when a seller has participated in obtaining a stay, contract forfeiture proceedings that are stayed by order of the court, by proceedings in bankruptcy or for any other lawful reason, shall continue after release from the stay as if uninterrupted, if within 30 days after release the seller gives written amended notice of default by certified mail with return receipt requested, to the last-known address of those persons listed in ORS 93.915 (1). The amended notice of default shall:

�� (a) Be given at least 20 days prior to the amended date of forfeiture;

�� (b) Specify an amended date after which the contract will be forfeited, which may be the same as the original forfeiture date;

�� (c) Conform to the requirements of ORS 93.915 (3), except the time periods set forth therein; and

�� (d) State that the original forfeiture proceedings were stayed and the date the stay terminated.

�� (2) The new date of forfeiture shall not be sooner than the date of forfeiture as set forth in the seller�s notice of default which was subject to the stay.

�� (3) Prior to the date of forfeiture, the seller shall cause to be recorded in the real property records of each county in which any part of the property is located, a copy of the amended notice of default, together with an affidavit of service or mailing of the amended notice of default, reciting the date the amended notice of default was served or mailed and the name and address of each person to whom it was given. From the date of its recording, the amended notice of default shall be subject to the provisions of ORS 93.915 (4) and (5). [1989 c.516 �4]

�� Note: See note under 93.913.

�� 93.920 Curing default to avoid forfeiture; payment of costs and expenses. A purchaser in default may avoid a forfeiture under the contract by curing the default or defaults before expiration of the notice period provided in ORS 93.915. If the default consists of a failure to pay sums when due under the contract, the default may be cured by paying the entire amount due, other than sums that would not then be due had no default occurred, at the time of cure under the terms of the contract. Any other default under the contract may be cured by tendering the performance required under the contract. In addition to paying the sums or tendering the performance necessary to cure the default, the person effecting the cure of the default shall pay all costs and expenses actually incurred in enforcing the contract, including, but not limited to, late charges, attorney fees not to exceed $350 and costs of title search. [1985 c.718 �4; 1987 c.717 �2]

�� 93.925 Failure to cure default; exclusiveness of notice. Notwithstanding a seller�s waiver of prior defaults, if notice is given and purchaser does not cure the default within the period specified in ORS 93.915, the contract forfeiture remedy may be exercised and the contract shall not be reinstated by any subsequent offer or tender of performance. The notice required in ORS 93.915 shall be in lieu of any notice that may be required under the terms of the contract itself, except where greater notice or notice to persons other than those described in ORS 93.915 is required by the terms of the contract, in which case notice shall be given for such longer period of time and to such additional persons as required by the contract. [1985 c.718 �5]

�� 93.930 Recording affidavit after forfeiture; affidavit as evidence. (1) When a contract for conveyance of real property has been forfeited in accordance with its terms after the seller has given notice to the purchaser as provided in ORS 93.915, the seller shall record an affidavit with the property description, a copy of the notice of default and proof of mailing attached, setting forth that the default of the purchaser under the terms of the contract was not cured within the time period provided in ORS 93.915 and that the contract has been forfeited. When the affidavit is recorded in the deed records of the county where the property described therein is located, the recitals contained in the affidavit shall be prima facie evidence in any court of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.

�� (2) Except as otherwise provided in ORS 93.905 to 93.945 and except to the extent otherwise provided in the contract or other agreement with the seller, forfeiture of a contract under ORS 93.905 to 93.930 shall have the following effects:

�� (a) The purchaser and all persons claiming through the purchaser who were given the required notices pursuant to ORS 93.915, shall have no further rights in the contract or the property and no person shall have any right, by statute or otherwise, to redeem the property. The failure to give notice to any of these persons shall not affect the validity of the forfeiture as to persons so notified;

�� (b) All sums previously paid under the contract by or on behalf of the purchaser shall belong to and be retained by the seller or other person to whom paid; and

�� (c) All of the rights of the purchaser to all improvements made to the property at the time the declaration of forfeiture is recorded shall be forfeited to the seller and the seller shall be entitled to possession of the property on the 10th day after the declaration of forfeiture is recorded. Any persons remaining in possession after that day under any interest, except one prior to the contract, shall be deemed to be tenants at sufferance. Such persons may be removed from possession by following the procedures set out in ORS 105.100 to 105.168 or other applicable judicial procedures.

�� (3) After the declaration of forfeiture is recorded, the seller shall have no claim against the purchaser and the purchaser shall not be liable to the seller for any portion of the purchase price unpaid or for any other breach of the purchaser�s obligations under the contract. [1985 c.718 �6; 1987 c.717 �3]

�� 93.935 Effect of purchaser�s abandonment or reconveyance on interest, lien or claim. (1) In the event of a default under a contract for conveyance of real property, the recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser, shall not be affected by the purchaser�s abandonment or reconveyance to the seller unless the person is given notice in the manner specified in ORS 93.915.

�� (2) The notice shall specify the nature of the default, the amount of the default if the default is in the payment terms, the date after which the purchaser�s interest in the real property will be abandoned or reconveyed to the seller and the name and address of the seller or the attorney for the seller. The period specified in the notice after which the purchaser�s interest will be abandoned or reconveyed to the seller may not be less than:

�� (a) Sixty days, when the purchaser has reduced the unpaid balance to an amount greater than 75 percent of the purchase price;

�� (b) Ninety days, when the purchaser has reduced the unpaid balance to an amount which is more than 50 percent but less than 75 percent of the purchase price; or

�� (c) One hundred twenty days, when the purchaser has reduced the unpaid balance to an amount which is 50 percent or less of the purchase price.

�� (3) If the person having an interest, lien or claim with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser whose interest arises under a contract for conveyance of real property, cures the default as provided in ORS 93.920 then such person�s interest, lien or claim with respect to the real property shall not be affected by the purchaser�s abandonment or reconveyance to the seller. [1985 c.718 �7; 1987 c.225 �3]

�� 93.940 Effect of seller�s foreclosure or other action on interest, lien or claim. The recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser whose interest arises under a contract for conveyance of real property, shall be not affected by the seller�s foreclosure or other action on the contract unless such person is made a party to the action brought by the seller to enforce or foreclose the contract. In such action, such person shall be entitled to the same rights and opportunities to cure the purchaser�s default or satisfy the purchaser�s obligations as are granted the purchaser. [1985 c.718 �8; 1987 c.225 �4]

�� 93.945 Application of ORS 93.910 to 93.940. (1) The provisions of ORS 93.910 to 93.930 shall apply only to forfeiture remedies enforced after July 13, 1985. The date that the initial written notice of a default is given to the purchaser shall be the date of enforcement of the forfeiture remedy.

�� (2) The provisions of ORS 93.935 and 93.940 shall apply to all contracts for transfer or conveyance of an interest in real property, whether executed on, before or after July 13, 1985. [1985 c.718 ��9,10]

UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT

�� 93.948 URPTDA 1. Short title. ORS 93.948 to 93.979 may be cited as the Uniform Real Property Transfer on Death Act. [2011 c.212 �1]

�� Note: 93.948 to 93.985 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.949 URPTDA 2. Definitions. As used in ORS 93.948 to 93.979:

�� (1) �Beneficiary� means a person that receives property under a transfer on death deed.

�� (2) �Designated beneficiary� means a person designated to receive property in a transfer on death deed.

�� (3) �Joint owner� means a joint tenant, a tenant by the entirety and any other co-owner of property that is held in a manner that entitles one or more of the owners to ownership of the whole of the property upon the death of one or more of the other owners.

�� (4) �Person� means an individual, corporation, business trust, personal representative, trustee, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

�� (5) �Property� means an interest in real property located in this state.

�� (6) �Transfer on death deed� means a deed that conveys property to a designated beneficiary at the transferor�s death.

�� (7) �Transferor� means an individual who makes a transfer on death deed. [2011 c.212 �2]

�� Note: See note under 93.948.

�� 93.950 URPTDA 3. Applicability. ORS 93.948 to 93.979 apply to a transfer on death deed made before, on or after January 1, 2012, by a transferor dying on or after January 1, 2012. [2011 c.212 �3]

�� Note: See note under 93.948.

�� 93.951 URPTDA 4. Nonexclusivity. ORS 93.948 to 93.979 do not affect any method of transferring property otherwise permitted by the law of this state. [2011 c.212 �4]

�� Note: See note under 93.948.

�� 93.953 URPTDA 5. Authority for transfer on death deed. (1) An individual may transfer property to one or more designated beneficiaries effective at the transferor�s death by a transfer on death deed.

�� (2) The individual may designate one or more:

�� (a) Primary beneficiaries; and

�� (b) Alternate beneficiaries who take the property only if none of the primary beneficiaries is qualified or survives the transferor. [2011 c.212 �5]

�� Note: See note under 93.948.

�� 93.955 URPTDA 6. Revocability of transfer on death deed. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [2011 c.212 �6]

�� Note: See note under 93.948.

�� 93.957 URPTDA 7. Nontestamentary nature of transfer on death deed. A transfer on death deed is nontestamentary. [2011 c.212 �7]

�� Note: See note under 93.948.

�� 93.959 URPTDA 8. Capacity of transferor; fraud, duress or undue influence. (1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.

�� (2) A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void.

�� (3) A proceeding must be commenced not later than 18 months after the transferor�s death to:

�� (a) Contest the capacity of the transferor; or

�� (b) Determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was procured by fraud, duress or undue influence. [2011 c.212 �8]

�� Note: See note under 93.948.

�� 93.961 URPTDA 9. Requirements. (1) A transfer on death deed:

�� (a) Except as provided otherwise in paragraph (b) of this subsection, must contain the essential elements and formalities of a properly recordable inter vivos deed;

�� (b) Must state that the transfer to the designated beneficiary is to occur at the transferor�s death;

�� (c) Must identify the designated beneficiary by name; and

�� (d) Must be recorded before the transferor�s death in the deed records in the office of the county clerk for the county in which the property is located.

�� (2) A beneficiary designation that identifies beneficiaries only as members of a class is void. [2011 c.212 �9]

�� Note: See note under 93.948.

�� 93.963 URPTDA 10. Notice; delivery; acceptance; consideration. A transfer on death deed is effective without:

�� (1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor�s life; or

�� (2) Consideration. [2011 c.212 �10]

�� Note: See note under 93.948.

�� 93.965 URPTDA 11. Revocation by instrument; revocation by act. (1) An instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

�� (a) Is acknowledged by the transferor after the transferor acknowledges the deed to be revoked;

�� (b) Is recorded before the transferor�s death in the deed records of the county in which the property is located; and

�� (c) Is one of the following:

�� (A) A transfer on death deed that revokes the deed, or part of the deed, expressly or by inconsistency;

�� (B) An instrument of revocation that expressly revokes the deed, or part of the deed; or

�� (C) An inter vivos deed that transfers an interest in property that is the subject of a transfer on death deed to the extent of the interest in property transferred by the inter vivos deed.

�� (2) If authority is expressly granted by the transfer on death deed, a designated agent of the transferor may revoke the transfer on death deed as provided in this section.

�� (3) If a transfer on death deed is made by more than one transferor, revocation by one transferor does not affect the transfer of another transferor�s interest in property by the transfer on death deed.

�� (4) After a transfer on death deed is recorded, the deed may not be revoked by a revocatory act on the deed.

�� (5) This section does not limit the effect of an inter vivos transfer of the property. [2011 c.212 �11]

�� Note: See note under 93.948.

�� 93.967 URPTDA 12. Effect of transfer on death deed during transferor�s life. During a transferor�s life, a transfer on death deed does not:

�� (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;

�� (2) Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the deed;

�� (3) Affect an interest or right of a secured, unsecured or future creditor of the transferor even if the creditor has actual or constructive notice of the deed;

�� (4) Affect the eligibility of the transferor or a designated beneficiary for any form of public assistance or medical assistance, as defined in ORS 414.025;

�� (5) Create a legal or equitable interest in favor of the designated beneficiary; or

�� (6) Subject the property to claims or process of a secured, unsecured or future creditor of the designated beneficiary. [2011 c.212 �12; 2013 c.688 �9]

�� Note: See note under 93.948.

�� 93.969 URPTDA 13. Effect of transfer on death deed at transferor�s death. (1) Except as provided otherwise in the transfer on death deed and subject to ORS 107.115, 112.455 to 112.555 or

ORS 93.270

93.270; and

�� (d) A clear reference to the provision claimed to be in violation of ORS 93.270.

�� (2) Notice and a copy of the petition shall be served on all owners of record in any manner provided for in ORCP 7. The notice shall inform the owners of record that:

�� (a) The petition seeks the removal of a provision that is in violation of ORS 93.270 from the title to the property;

�� (b) The person served may request a hearing within 10 days after service of the petition; and

�� (c) The court is authorized to enter a default judgment removing the provision if no hearing is requested by the owners of record.

�� (3) The petitioner shall file with the court proof of service in the manner provided in ORCP 7 F. If no request for hearing is made by any person served within 10 days after service on that person, the court shall enter a judgment removing the provision from the title to the property if the court determines that the provision is in violation of ORS 93.270.

�� (4) If a hearing is requested by any person served under subsection (2) of this section, the clerk of the court shall schedule a hearing within 20 days after the filing of the request for a hearing. The clerk of the court shall mail notification of the hearing date to the petitioner and to all owners of record listed in the petition.

�� (5) At any hearing under the provisions of this section, the sole issue that shall be decided by the court is whether the provision that is the subject of the petition is in violation of ORS 93.270. The matter shall be tried to the court sitting without jury. If the court finds that the provision is not in violation of ORS 93.270, the court shall dismiss the petition. If the court finds that the provision is in violation of ORS 93.270, the court shall enter a judgment removing the provision from the title to the property.

�� (6) If a court finds only part of a provision to be in violation of ORS 93.270 under this section, the court shall enter a judgment removing only that part of the provision that is in violation.

�� (7) For the purposes of this section, �owner of record� means a person having any legal or equitable interest in property, including, but not limited to, a purchaser, lienholder or holder of any security interest in such property whose interest is recorded in the public records provided for by Oregon statutes where the owner�s interest must be recorded to perfect a lien or security interest or provide constructive notice of the owner�s interest. [1991 c.850 �2; 2018 c.35 �3]

�� 93.273 [1989 c.523 �2; renumbered 93.275 (3) in 1993]

�� 93.274 Petition to strike discriminatory provisions from recorded instrument; recording order and redactions. (1)(a) If a recorded instrument conveying or contracting to convey fee title to real property, or a declaration recorded under ORS 94.580, contains a provision that is void by reason of ORS 93.270 (1)(a), the owner of the property or the owner of any portion of the property subject to the provision may cause the provision to be stricken from the public records described in ORS 205.130 by filing a petition in the circuit court for the county in which the property is located.

�� (b) The petition must be filed as an in rem declaratory action whose title contains the property address, except that if the real property consists of multiple lots or parcels subject to a declaration, the title of the petition may be the name of the subdivision and the recording number of the declaration.

�� (c) The court may not require that any person other than the petitioner be joined as a party to a petition filed under this section.

�� (2) A petition filed under this section must contain:

�� (a) The name and mailing address of the person filing the petition;

�� (b) The legal description of the property subject to the provision that is void by reason of ORS 93.270 (1)(a);

�� (c) The name, recording number and date of recordation for each instrument or declaration that contains a provision that is void by reason of ORS 93.270 (1)(a);

�� (d) A clear reference to the provision claimed to be void by reason of ORS 93.270 (1)(a), setting forth verbatim the void provisions to be struck from each such document; and

�� (e) A complete certified copy of the recorded instrument or recorded declaration which contains the provision that is void by reason of ORS 93.270 (1)(a).

�� (3)(a) The sole issue to be decided by the court is whether the provision is void by reason of ORS 93.270 (1)(a).

�� (b) If the court finds that the provision is not void by reason of ORS 93.270 (1)(a), the court shall dismiss the petition.

�� (c) If the court finds that any provisions of the recorded instrument or declaration are void by reason of ORS 93.270 (1)(a), the court shall enter an order:

�� (A) Finding that the referenced original written instrument or declaration contains discriminatory provisions that are void and unenforceable under ORS 93.270 (1)(a);

�� (B) Identifying each document by recording number and date of recordation; and

�� (C) Striking the void provisions from the public records and eliminating the void provisions from the title to the property described in the petition.

�� (d) The order must include a certified copy of each document upon which the court has physically redacted the void provisions.

�� (e) The order must provide that the effective date of the document redacted by the court is the same as the effective date of the original document.

�� (4) A county clerk who receives a certified copy of an order and redacted document described in this section with the fees required under ORS 205.320 shall:

�� (a) Record the order and the certified copy of the document upon which the court has physically redacted the void provisions;

�� (b) Update the index of each original document referenced in the order with the recording number of the modified document; and

�� (c) Maintain the original document or an image thereof separately from electronic public access and preserve the original document or image for historical or archival purposes. [2018 c.35 �1; 2023 c.342 �1]

�� Note: 93.274 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.275 Incidents not material facts to real property transaction; legislative findings. (1) The following are among incidents that are not material facts to a real property transaction:

�� (a) The fact or suspicion that the real property or a neighboring property was the site of a death by violent crime, by suicide or by any other manner;

�� (b) The fact or suspicion that the real property or a neighboring property was the site of a crime, political activity, religious activity or any other act or occurrence that does not adversely affect the physical condition of or title to real property;

�� (c) The fact or suspicion that an owner or occupant of the real property has or had a blood-borne infection;

�� (d) The fact or suspicion that a sex offender registered under ORS 163A.010, 163A.015, 163A.020 or 163A.025 resides in the area; and

�� (e) The fact that a notice has been received that a neighboring property has been determined to be not fit for use under ORS 453.876.

�� (2) The Legislative Assembly finds that there is no known risk of the transmission of human immunodeficiency virus or acquired immune deficiency syndrome by casual contact. [1989 c.523 �3; subsection (3) formerly 93.273; 2001 c.701 �1; 2003 c.559 �2; 2011 c.271 �21; 2019 c.280 �1]

�� 93.277 Restrictions on development of certain housing prohibited. (1) A provision in a recorded instrument affecting real property is not enforceable if the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of, or the partitioning or subdividing of lands under ORS 92.031 for:

�� (a) Middle housing, as defined in ORS 197A.420;

�� (b) An accessory dwelling unit allowed under ORS 197A.425 (1);

�� (c) A manufactured dwelling, as defined in ORS 446.003; or

�� (d) A prefabricated structure, as defined in ORS 197A.015.

�� (2) This section applies only if the instrument:

�� (a) Contains a provision described under subsection (1)(a) or (b) of this section and was executed on or after January 1, 2021.

�� (b) Contains a provision described under subsection (1)(c) or (d) of this section and was executed on or after January 1, 2026. [2019 c.639 �13; 2021 c.103 �3; 2025 c.38 �9; 2025 c.274 �1]

�� Note: The amendments to 93.277 by section 7a, chapter 476, Oregon Laws 2025, become operative January 1, 2027. See section 12, chapter 476, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 93.277. (1) A provision in a recorded instrument affecting real property is void and unenforceable, as being against the policy of this state of promoting housing availability and affordability and affirmatively furthering fair housing as defined in ORS 197A.100, if, within an urban growth boundary as defined in ORS 197.015, the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of, or the partitioning or subdividing of lands under ORS 92.031 for:

�� (a) Middle housing, as defined in ORS 197A.420; or

�� (b) An accessory dwelling unit allowed under ORS 197A.425.

�� (2) A provision in a recorded instrument affecting real property is not enforceable if the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of:

�� (a) A manufactured dwelling, as defined in ORS 446.003; or

�� (b) A prefabricated structure, as defined in ORS 197A.015.

�� (3) Subsection (2) of this section applies only to an instrument executed on or after January 1, 2026.

�� Note: Section 8, chapter 476, Oregon Laws 2025, provides:

�� Sec. 8. ORS 93.277 applies to instruments executed before, on or after January 1, 2021. [2025 c.476 �8]

�� Note: 93.277 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.280 Manner of conveyance to create joint property rights. (1) Any person or persons owning real property which the person or persons have power to convey may convey such property by a conveyance naming the person or persons and another person or persons, or one or more of themselves and another person or other persons, as grantees. The conveyance shall have the same effect as a conveyance from a stranger who owned the property to the persons named as grantees.

�� (2) Any two or more persons owning real property which they have power to convey may convey such property by a conveyance naming one, or more than one, of all such persons, as grantees. The conveyance shall have the same effect as a conveyance from a stranger who owned the property to the persons named as grantees.

�� (3) Any �person� mentioned in this section may be a married person, and any �persons� so mentioned may be married to each other. [1973 c.209 ��1,2,3]

�� 93.285 Procedure for enforcement of contractual requirement for delivery of deed of conveyance. (1) As used in this section and ORS 93.286, �contract for transfer or conveyance of an interest in real property,� �purchaser� and �seller� have the meanings given those terms in ORS 93.905.

�� (2) If a seller has received full payment and performance of a contract for transfer or conveyance of an interest in real property, but fails or refuses to provide the purchaser with a proper deed of conveyance, the contract is deemed complete and the title held by the seller is conveyed to the purchaser, provided the purchaser:

�� (a) Has not instituted a suit or action to enforce the contract;

�� (b) Has fulfilled all requirements of the purchaser under the contract; and

�� (c) Has given the seller written notice of the purchaser�s wish to enforce a contractual requirement for delivery of a deed of conveyance, as required by this section.

�� (3) A purchaser who wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller shall:

�� (a) Record a notice of intent to enforce the contractual requirement for delivery of a deed of conveyance in each county where the property is located; and

�� (b) After recording the notice required by paragraph (a) of this subsection, give written notice by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified mail with return receipt requested, to the last-known address of the following persons or their legal representatives:

�� (A) The seller.

�� (B) An occupant of the property.

�� (C) Any person holding title or other interest through the seller that was recorded prior to the recording of the notice required by paragraph (a) of this subsection.

�� (4) The notice required by subsection (3)(b) of this section must specify:

�� (a) The name of the seller, as shown of record;

�� (b) A reference to the instrument creating the original contract of sale, and any assignments of the contract, including where it is recorded;

�� (c) The date of final payment or other final performance of the contract, whichever is applicable;

�� (d) That the purchaser wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller;

�� (e) The date by which the seller or the seller�s successors in interest or assignees must submit an objection to the purchaser, which must be within 60 days after the final date of publication of the notice required by subsection (7)(a) of this section or within 120 days after the date of recording of the notice required by subsection (3)(b) of this section, whichever is later, or the seller�s interest in the property may be conveyed to the purchaser;

�� (f) A description of the property; and

�� (g) The name and address of the person to whom the seller must object to the demand contained in the notice.

�� (5)(a) A seller may submit an objection to the enforcement of a contractual requirement for delivery of a deed of conveyance to a purchaser that gives notice to the seller under subsection (3)(b) or (7)(a) of this section, provided the seller serves or mails the objection to the purchaser within the deadline described in subsection (4)(e) of this section.

�� (b) A purchaser that receives an objection from a seller under this subsection may initiate a suit or action to challenge the objection and to enforce the contract.

�� (c) Upon initiation of a suit or action under this subsection, no title or interest to the property may be transferred until the earlier of the date the seller delivers a fulfillment deed of conveyance or the date of entry of final judgment in the suit or action.

�� (d) The prevailing party in a suit or action initiated under this subsection is entitled to recover actual damages or $5,000, whichever is greater, together with costs and reasonable attorney fees incurred at trial and on appeal.

�� (6) The purchaser shall cause to be recorded in the real property records of each county in which the property is located an affidavit of service or mailing of the notice, including:

�� (a) The date the notice was served or mailed;

�� (b) The name and address of each person to whom the notice was given; and

�� (c) If the seller does not acknowledge the notice, a detailed description of the efforts made, along with the date each effort is made, to determine with due diligence the address of the seller or the seller�s assignees or successors in interest.

�� (7) If, after notice is given and recorded as required under subsections (3) to (6) of this section, a seller does not provide the purchaser with the deed of conveyance within 30 days of service or mailing, the purchaser may acquire the seller�s interest in the property by:

�� (a) Publishing a notice that meets the requirements described in subsection (8) of this section, at least one time per week for three consecutive weeks in a newspaper of general circulation in each county in which the property is located, that the purchaser wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller; and

�� (b) Recording an affidavit of compliance with the requirements of paragraph (a) of this subsection within 15 days of the date of the last publication.

�� (8) The notice described in subsection (7)(a) of this section must include:

�� (a) The name of the seller, as shown of record;

�� (b) A reference to the instrument creating the original contract of sale, and any assignments of the contract, including where it is recorded;

�� (c) A description of the property;

�� (d) The name and address of the person giving the notice;

�� (e) The date of first publication of the notice;

�� (f) A statement that the seller or the seller�s successors in interest or assignees must submit an objection to the purchaser within the deadline described in subsection (4)(e) of this section; and

�� (g) The name and address of the person to whom the seller must submit an objection under subsection (5) of this section.

�� (9)(a) If a seller fails or refuses to provide a proper deed of conveyance after the purchaser completes the notice and recording procedures set forth in this section, the notice provided to the seller under this section satisfies any notice required by the terms of the contract of sale.

�� (b) Notwithstanding paragraph (a) of this subsection, the purchaser must give written notice as required by the provisions of the contract if the contract requires that notice be provided to additional persons or sets forth a longer notice period than the period required by this section.

�� (10) A seller that submits an objection to the purchaser under subsection (5) of this section must record the objection in each county in which the property is located within 30 days, along with an affidavit of the seller�s objection that includes the name and contact information of the objecting seller and a copy of the notice required by subsection (3)(b) or (7)(a) of this section.

�� (11)(a) If a seller does not submit an objection to the purchaser under subsection (5) of this section, and the contract for conveyance of real property has been fulfilled under the notice and recording procedures set forth in this section, the purchaser shall record a declaration of fulfillment in the deed records of each county in which the property is located, including:

�� (A) An affidavit setting forth that the seller did not provide a proper deed of conveyance before the deadline described in subsection (4)(e) of this section, that the contract has been fulfilled and that the title of the seller is hereby transferred to the purchaser;

�� (B) A description of the property; and

�� (C) Proof of mailing of a copy of the declaration to the seller.

�� (b) When the declaration is recorded, the recitals contained in the affidavit shall be:

�� (A) Prima facie evidence in any court of the truth of the matters set forth in the declaration; and

�� (B) Conclusive in favor of a purchaser for value in good faith relying upon them.

�� (12) Notices served by mail are effective when mailed. [2017 c.164 �2]

�� 93.286 Effects of fulfillment of contract for sale by enforcement of requirement for delivery of deed of conveyance. (1) Except as otherwise provided in this chapter and except to the extent otherwise provided in the contract or other agreement with the seller, fulfillment of a contract for sale under ORS 93.285 shall have the following effects:

�� (a) Except as provided in paragraph (c) of this subsection, the seller and all persons claiming through the seller that were given the required notices pursuant to ORS 93.285 have no further rights in the contract or the property and no person has any right, by statute or otherwise, to redeem the property.

�� (b) All rights, title and interest in the property held by the seller and any improvements made to the property at the time the declaration of fulfillment is recorded are transferred to the purchaser as though the seller had delivered a fulfillment of deed to the purchaser.

�� (c) Any claim of title or interest through the seller that was recorded prior to the recording of the contract for transfer or conveyance of an interest in real property or a memorandum of the contract shall maintain its priority and is not extinguished by the declaration of fulfillment.

�� (2) The failure to give notice to any person described in subsection (1) of this section does not affect the validity of the effects of fulfillment of a contract for sale as to persons so notified. [2017 c.164 �3]

UNIFORM VENDOR AND PURCHASER RISK ACT

�� 93.290 Risk of loss after contract to sell realty has been executed. Any contract made on or after August 3, 1955, in this state for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:

�� (1) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that the purchaser has paid;

�� (2) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is the purchaser entitled to recover any portion thereof that the purchaser has paid. [1955 c.144 �1]

�� 93.295 Construction of ORS 93.290 to 93.300. ORS 93.290 to 93.300 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact the Uniform Vendor and Purchaser Risk Act. [1955 c.144 �2]

�� 93.300 Short title. ORS 93.290 to 93.300 may be cited as the Uniform Vendor and Purchaser Risk Act. [1955 c.144 �3]

DESCRIPTIONS, INCLUDING THE OREGON COORDINATE SYSTEM

�� 93.310 Rules for construing description of real property. The following are the rules for construing the descriptive part of a conveyance of real property, when the construction is doubtful, and there are no other sufficient circumstances to determine it:

�� (1) Where there are certain definite and ascertained particulars in the description, the addition of others, which are indefinite, unknown or false, does not frustrate the conveyance, but it is to be construed by such particulars, if they constitute a sufficient description to ascertain its application.

�� (2) When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles or surfaces, the boundaries or monuments are paramount.

�� (3) Between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces, and that of lines paramount to both.

�� (4) When a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road, or the thread of the stream, are included in the conveyance, except where the road or bed of the stream is held under another title.

�� (5) When tidewater is the boundary, the rights of the grantor to low watermark are included in the conveyance, and also the right of this state between high and low watermark.

�� (6) When the description refers to a map, and that reference is inconsistent with other particulars, it controls them, if it appears that the parties acted with reference to the map; otherwise the map is subordinate to other definite and ascertained particulars.

�� 93.312 Oregon Coordinate System. (1) As used in this section, �Oregon Coordinate System� means a coordinate mapping system, composed of three coordinate projection mapping systems known as:

�� (a) The Oregon State Plane Coordinate System of 1927;

�� (b) The Oregon State Plane Coordinate System of 1983; and

�� (c) The Oregon Coordinate Reference System.

�� (2) A description of land that contains coordinates associated with the position of a point on a land boundary must:

�� (a) Use the Oregon Coordinate System;

�� (b) Use one specified zone and system for the entire description;

�� (c) Include coordinate system datum with epoch and zone designation;

�� (d) Use coordinates established by a survey connection to the National Spatial Reference System;

�� (e) Reference a survey of record that reports the accuracy of coordinates at a 95 percent confidence level; and

�� (f) Include distances, bearings, areas and other boundary elements.

�� (3) The Department of Transportation shall adopt rules implementing the Oregon Coordinate System. [2011 c.179 �1]

�� Note: 93.312 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.320 [Amended by 1985 c.202 �1; repealed by 2011 c.179 �6]

�� 93.330 [Amended by 1985 c.202 �2; repealed by 2011 c.179 �6]

�� 93.340 [Repealed by 1985 c.202 �7]

�� 93.350 [Amended by 1985 c.202 �3; repealed by 2011 c.179 �6]

�� 93.360 [Amended by 1979 c.129 �1; 1985 c.202 �4; repealed by 2011 c.179 �6]

�� 93.370 [Amended by 1985 c.202 �5; repealed by 2011 c.179 �6]

�� 93.380 [Amended by 1985 c.202 �6; repealed by 2011 c.179 �6]

EXECUTION, ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS

�� 93.410 Execution and acknowledgment of deeds. Except as otherwise provided by law, deeds executed within this state, of lands or any interest in lands therein, shall be signed by the grantors and shall be acknowledged before any judge of the Supreme Court, circuit judge, county judge, justice of the peace or notary public within the state. No seal of the grantor, corporate or otherwise, shall be required on the deed. [Amended by 1965 c.502 �5; 1977 c.404 �1; 1999 c.654 �8]

�� 93.415 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.415)]

�� 93.420 Execution of deed where personal representative, guardian or conservator is unable or refuses to act. If any person is entitled to a deed from a personal representative, guardian or conservator who has died or resigned, has been discharged, disqualified or removed or refuses to execute it, the deed may be executed by the judge before whom the proceeding is pending or by the successor of the judge. [Amended by 1961 c.344 �104; 1969 c.591 �277]

�� 93.430 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.430)]

�� 93.440 Proof of execution by subscribing witness. Proof of the execution of any conveyance may be made before any officer authorized to take acknowledgments of deeds, and shall be made by a subscribing witness thereto, who shall state the place of residence of the witness, and that the witness knew the person described in and who executed the conveyance. Such proof shall not be taken unless the officer is personally acquainted with the subscribing witness, or has satisfactory evidence that the witness is the same person who was a subscribing witness to the instrument.

�� 93.450 Proof where witnesses are dead or absent. When any grantor is dead, out of this state, or refuses to acknowledge the deed, and all the subscribing witnesses to the deed are also dead or reside out of this state, it may be proved before the circuit court, or any judge thereof, by proving the handwriting of the grantor and of any subscribing witness thereto.

�� 93.460 Subpoena to compel witness to testify to execution of deed. Upon the application of any grantee, or any person claiming under the grantee, verified by the oath of the applicant setting forth that the grantor is dead, out of the state, or refuses to acknowledge the deed, and that any witness to the conveyance residing in the county where the application is made refuses to appear and testify touching its execution and that the conveyance cannot be proven without the evidence of the witness, any officer authorized to take the acknowledgment or proof of conveyances may issue a subpoena requiring the witness to appear and testify before the officer touching the execution of the conveyance. [Amended by 1981 c.11 �2]

�� 93.470 Indorsement of certificate of proof. Every officer who takes the proof of any conveyance shall indorse a certificate thereof, signed by the officer, on the conveyance. In the certificate the officer shall set forth those matters required by ORS 93.440 to 93.460 to be done, known or proved, together with the names of the witnesses examined before the officer, and their places of residence, and the substance of the evidence given by them.

�� 93.480 Deed acknowledged or proved as evidence; recordability. Every conveyance acknowledged, proved or certified in the manner prescribed by law by any of the authorized officers may be read in evidence without further proof thereof and is entitled to be recorded in the county where the land is situated.

�� 93.490 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.490)]

�� 93.500 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.500)]

�� 93.510 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.510)]

�� 93.520 [Repealed by 1977 c.404 �2 (194.500 to 194.580 enacted in lieu of 93.520)]

�� 93.530 Execution, acknowledgment and recordation of assignments of sheriffs� certificates of sale. All assignments of sheriffs� certificates of sale of real property on execution or mortgage foreclosure shall be executed and acknowledged and recorded in the same manner as deeds of real property.

RECORDATION AND ITS EFFECTS

�� 93.600 Description of real property for purposes of recordation. Unless otherwise prescribed by law, real property shall be described for recordation by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by partition plat recording and parcel numbers, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page, document number or fee number of any public record of the county where the description may be found or in such other manner as to cause the description to be capable of being made certain. However, description by tax lot number shall not be adequate. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property. [1987 c.586 �2; 1989 c.772 �26; 1995 c.382 �10]

�� 93.610 Separate books for recording deeds and mortgages; consolidated index. (1) Separate books shall be provided by the county clerk in each county for the recording of deeds and mortgages. In one book all deeds left with the clerk shall be recorded at full length, or as provided in ORS 93.779 to 93.802, with the certificates of acknowledgment or proof of their execution, and in the other all mortgages left with the county clerk shall in like manner be recorded. All other real property interests required or permitted by law to be recorded shall be recorded in the records maintained under ORS 205.130 or in records established under any other law.

�� (2) Counties maintaining a consolidated index shall record deeds and mortgages and index them in the consolidated index in such a manner as to identify the entries as a deed or mortgage record. All other real property interests required or permitted by law to be recorded shall be recorded in the records kept and maintained under ORS 205.130 or in records established under any other law. [Amended by 1969 c.583 �1; 1987 c.586 �21; 1999 c.654 �9]

�� 93.620 Time and place of recording; certification. The county clerk shall certify upon every instrument recorded by the county clerk the time when it was recorded and a reference to where it is recorded. Every instrument is considered recorded at the time it was so certified. [Amended by 1999 c.654 �10]

�� 93.630 Index to record of deeds, mortgages and other real property interests. The county clerk shall also keep a proper direct index and a proper indirect index to the record of deeds, mortgages and all other real property interests required or permitted by law to be recorded, in which the county clerk shall enter, alphabetically, the name of every party to each instrument recorded by the county clerk, with a reference to where it is recorded. [Amended by 1987 c.586 �22; 1999 c.654 �11]

�� 93.635 Acknowledgment and recording of instruments contracting to convey fee title. (1) All instruments contracting to convey fee title to any real property, at a time more than 12 months from the date that the instrument is executed and the parties are bound, shall be acknowledged, in the manner provided for acknowledgment of deeds, by the conveyor of the title to be conveyed. Except for those instruments listed in subsection (2) of this section, all such instruments, or a memorandum thereof, shall be recorded by the conveyor not later than 15 days after the instrument is executed and the parties are bound thereby.

�� (2) The following instruments contracting to convey fee title to any real property may be recorded as provided in subsection (1) of this section, but that subsection does not require such recordation of:

�� (a) Earnest money or preliminary sales agreements;

�� (b) Options; or

�� (c) Rights of first refusal. [1975 c.618 �4; 1977 c.724 �1; 1987 c.586 �23]

�� 93.640 Unrecorded instrument affecting title or unrecorded assignment of sheriff�s certificate of sale void as to subsequent purchaser. (1) Every conveyance, deed, land sale contract, assignment of all or any portion of a seller�s or purchaser�s interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property within this state which is not recorded as provided by law is void as against any subsequent purchaser in good faith and for a valuable consideration of the same real property, or any portion thereof, whose conveyance, deed, land sale contract, assignment of all or any portion of a seller�s or purchaser�s interest in a land sale contract or other agreement or memorandum thereof is first filed for record, and as against the heirs and assigns of such subsequent purchaser. As used in this section, �every conveyance, deed, land sale contract, assignment of all or any portion of a seller�s or purchaser�s interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property� includes mortgages, trust deeds, and assignments for security purposes or assignments solely of proceeds, given by purchasers or sellers under land sale contract. As used in this section, �memorandum� means an instrument that contains the date of the instrument being memorialized, the names of the parties, a legal description of the real property involved, and the nature of the interest created, which is signed by the person from whom the interest is intended to pass, and acknowledged or proved in the manner provided for the acknowledgment or proof of deeds. A memorandum of an instrument conveying or contracting to convey fee title to any real estate shall state on its face the true and actual consideration paid for such transfer as provided in ORS 93.030.

�� (2) Every assignment of sheriffs� certificates of sale of real property on execution or mortgage foreclosure which is not recorded in the records of deeds in the county where the land is situated within five days after its execution is void as against any subsequent purchaser in good faith and for a valuable consideration of such certificate of sale, or the real property covered thereby, or any portion thereof, whose assignment is first recorded. [Amended by 1973 c.696 �19; 1977 c.605 �2; 1987 c.225 �1; 1989 c.516 �1]

�� 93.643 Method of giving constructive notice of interest in real property; electronic lien records. (1) To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under ORS

ORS 93.640

93.640 would be void as against a subsequent purchaser whose interest in the property is of record at the time the notice of pendency is recorded and who purchased the property in good faith and for valuable consideration.

�� (3) A conveyance or encumbrance is not void under subsection (2) of this section if:

�� (a) The person who records a notice of pendency under this section has notice of the conveyance or encumbrance at the time the notice of pendency is recorded or otherwise does not act in good faith in recording the notice of pendency; or

�� (b) Pursuant to ORCP 33, the court allows a person claiming an interest in real property under the conveyance or encumbrance to intervene in the suit for the purpose of seeking adjudication of the person�s interest or priority in the property.

�� (4) Unless otherwise prescribed by law, a party recording a notice of pendency shall use substantially the following form:

NOTICE OF PENDENCY

OF AN ACTION

�� Pursuant to ORS

ORS 93.802

93.802, an instrument entitled �Short Form Mortgage,� �Short Form Trust Deed� or �Short Form Instrument Creating Affordable Housing Covenants� may be recorded.

�� (2) The short form instrument must contain the title of the short form instrument, the names of all parties involved in the encumbrance of the real property described in the short form instrument, the legal description of the property that is encumbered by the short form instrument, the amount of the encumbrance, the date on which the short form instrument was executed and any other information required by law for recording the short form instrument.

�� (3) Any provision of the master form instrument recorded under ORS 93.779 to 93.802 may be incorporated in the short form instrument by reference to:

�� (a) The date when and the book and page or fee number where the master form instrument was recorded; and

�� (b) Any specific provision of the master form instrument that applies to the short form instrument.

�� (4) A short form instrument recorded under this section must describe provisions in the short form instrument that deviate in any respect from the provisions of the recorded master form instrument.

�� (5) The person presenting a short form instrument for recording shall cause a complete copy of the master form instrument to which reference is made in the short form instrument to be provided or disclosed to each party involved in the encumbrance of the real property described in the short form instrument. [1991 c.230 �20; 2012 c.6 �6]

�� 93.804 Requirement for original signatures for recording; recordation of certified copies; recordation of electronic image of instrument. (1) As used in this section:

�� (a) �Instrument� includes an electronic record as defined in ORS 84.004.

�� (b) �Original certification� or �original signature� includes an electronic signature as defined in ORS 84.004.

�� (2) Except as provided in subsections (3) and (4) of this section, if an instrument presented for recording conveys an interest in real property and is required by law to be acknowledged or proved, a county clerk may not record the instrument unless the instrument contains the original signatures of the persons executing the instrument and the original signature of the officer before whom the acknowledgment was made.

�� (3) A county clerk may record a certified copy of an instrument that conveys an interest in real property if a law authorizes recording a certified copy of the instrument and the instrument contains the original certification of the certifying officer.

�� (4) If an instrument that is eligible to be recorded under the laws of this state is presented for recording as an electronic image or by electronic means, a county clerk may record the instrument. If the county clerk records the instrument, the county clerk shall require the person that presents the instrument for recording to certify by electronic means or otherwise that the instrument, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section.

�� (5) A county clerk may enter into a contract to receive instruments as electronic images or by electronic means with a contractor that presents the instruments for recording on behalf of another person. The contractor or the other person shall certify by electronic means or otherwise that the instrument that the contractor presents for recording, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section. [1991 c.230 �21; 2011 c.386 �1; 2019 c.402 �1]

�� 93.806 Recordation of instrument creating certain liens. (1) Any instrument creating a lien on unpaid rents and profits of real property within this state, by assignment, mortgage, pledge or otherwise, or memorandum thereof, which is executed by the person from whom the lien is intended to be given, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of mortgages of real property in the county where such real property is located, as provided in ORS 93.710. Such recordation constitutes notice to third persons, and shall otherwise have the same effect as recordation pursuant to ORS 93.710, specifically, but without limitation, such lien shall not be voidable by and shall not be subordinate to the rights of either:

�� (a) A subsequent lien creditor, as defined in ORS 79A.1020; or

�� (b) A subsequent bona fide purchaser of real property.

�� (2) Such an assignment, mortgage or pledge shall be so perfected by such recording, without the holder thereof obtaining the appointment of receiver, taking possession of the subject real property, filing a financing statement pursuant to ORS chapter 79A or taking any other action in addition to such recording.

�� (3) As used in this section, �memorandum� has the meaning provided in ORS 93.710 (3). [1991 c.299 �1; 2001 c.445 �166]

�� Note: 93.806 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 93.808 Approval of governmental unit required to record certain instruments. An instrument conveying title or interest to the State of Oregon or to a county, city or other political subdivision in this state may not be recorded unless the instrument carries an indication of approval of the conveyance by this state or the political subdivision accepting title or interest. [1999 c.654 �2]

VALIDATING AND CURATIVE ACTS

�� 93.810 Validating and curative Acts. The following are subjects of validating or curative Acts applicable to this chapter:

�� (1) Evidentiary effect and recordation of conveyances before 1854.

�� (2) Evidentiary effect and recordation of certified copies of deeds issued by the State Land Board before 1885 where the original deed was lost.

�� (3) Defective acknowledgments of married women to conveyances before 1891.

�� (4) Foreign instruments executed before 1903.

�� (5) Deeds of married women before 1907, validity; executed under power of attorney and record as evidence.

�� (6) Conveyances by reversioners and remainderpersons to life tenant.

�� (7) Decrees or judgments affecting lands in more than one county.

�� (8) Irregular deeds and conveyances; defective acknowledgments; irregularities in judicial sales; sales and deeds of executors, personal representatives, administrators, conservators and guardians; vested rights arising by adverse title; recordation.

�� (9) Defective acknowledgments.

�� (10) Title to lands from or through aliens.

�� (11) An instrument that is presented for recording as an electronic image or by electronic means and that is recorded before June 16, 2011.

�� (12) A tangible copy of an electronic record containing a notarial certificate that is accepted for recording by a county clerk before June 30, 2020. [Amended by 1973 c.823 �96; 2003 c.14 �36; 2003 c.576 �355; 2011 c.386 �2; 2020 s.s.1 c.12 ��28,29; 2021 c.344 �4]

DEED FORMS

�� 93.850 Warranty deed form; effect. (1) Warranty deeds may be in the following form:

_, Grantor, conveys and warrants to ___, Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Describe the property conveyed.)

(If there are to be exceptions to the covenants described in ORS 93.850 (2)(c), here insert such exceptions.)

(Following statement of exceptions, here insert statement required under ORS 93.040 (1).)

The true consideration for this conveyance is $_____. (Here comply with the requirements of ORS

ORS 93.930

93.930 (2)(c) or pursuant to a judgment of strict foreclosure of a recorded contract for transfer or conveyance of an interest in real property.

�� (g) When the person in possession of a premises remains in possession after the expiration of a valid notice terminating the person�s right to occupy the premises pursuant to ORS 91.120, 91.122 or 91.130.

�� (h) When the person is a squatter who remains in possession of a premises after the expiration of a notice given under ORS 91.140.

�� (2) In the case of a dwelling unit to which ORS chapter 90 applies:

�� (a) The following are causes of unlawful holding by force within the meaning of ORS 105.110 and

ORS 93.990

93.990�� Penalties

GENERAL REQUIREMENTS FOR DISPOSITION OF REALTY

�� 93.010 Conveyances, how made. Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person of lawful age from whom the estate or interest is intended to pass, or by the lawful agent or attorney of the person, and acknowledged or proved, and recorded without any other act or ceremony. No seal of the grantor, corporate or otherwise, shall be required on the deed. [Amended by 1965 c.502 �4]

�� 93.020 Creating, transferring or declaring estates or interests in realty. (1) No estate or interest in real property, other than a lease for term not exceeding one year, nor any trust or power concerning such property, can be created, transferred or declared otherwise than by operation of law or by a conveyance or other instrument in writing, subscribed by the party creating, transferring or declaring it, or by the lawful agent of the party under written authority, and executed with such formalities as are required by law.

�� (2) This section does not affect the power of a testator in the disposition of real property by a last will and testament, nor to prevent a trust from arising or being extinguished by implication or operation of law, nor to affect the power of a court to compel the specific performance of an agreement in relation to such property.

�� 93.030 Contracts to convey, instruments of conveyance and related memoranda to state consideration. (1) As used in this section, �consideration� includes the amount of cash and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against the property to which the property remains subject or which the purchaser agrees to pay or assume.

�� (2) All instruments conveying or contracting to convey fee title to any real estate, and all memoranda of such instruments, shall state on the face of the instruments the true and actual consideration paid for the transfer, stated in terms of dollars. However, if the actual consideration consists of or includes other property or other value given or promised, neither the monetary value nor a description of the other property or value need be stated so long as it is noted on the face of the instrument that other property or value was either part or the whole consideration.

�� (3) The statement of consideration as required by subsection (2) of this section shall be made by a grantor or a grantee. Failure to make such statement does not invalidate the conveyance.

�� (4) If the statement of consideration is in the body of the instrument preceding the signatures, execution of the instrument shall constitute a certification of the truth of the statement. If there is a separate statement of consideration on the face of the instrument, it shall be signed separately from the instrument, and such execution shall constitute a certification of the truth of the statement by the person signing. A particular form is not required for the statement so long as the requirements of this section are reasonably met.

�� (5) An instrument conveying or contracting to convey fee title to any real estate or a memorandum of the instrument may not be accepted for recording by any county clerk or recording officer in this state unless the statement of consideration required by this section is included on the face of the instrument.

�� (6) A transfer of death deed and an instrument revoking a transfer of death deed are not instruments subject to this section. [1967 c.462 ��1,3; 1967 s.s. c.7 �1; 1977 c.605 �1; 1999 c.654 �7; 2011 c.212 �23]

�� 93.040 Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property; liability of drafter and recorder. (1) The following statement shall be included in the body of an instrument transferring or contracting to transfer fee title to real property except for owner�s sale agreements or earnest money receipts, or both, as provided in subsection (2) of this section: �BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON�S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.�

�� (2) In all owner�s sale agreements and earnest money receipts, there shall be included in the body of the instrument the following statement: �THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON�S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND

ORS 94.021

94.021; 2001 c.756 �32; 2019 c.69 �10]

�� 100.155 Variable property; uses and restrictions. (1) If by the termination date specified in the declaration there is any remaining variable property:

�� (a) Any property designated nonwithdrawable variable property becomes part of the common elements and any interest in the property held for security purposes is automatically extinguished by reclassification.

�� (b) Any property designated withdrawable variable property is automatically withdrawn from the condominium as of the termination date.

�� (c) Subject to paragraph (d) of this subsection, the association may record in the office of the recording officer in the county in which the condominium is located:

�� (A) For property reclassified under paragraph (a) of this subsection, a �Statement of Reclassification of Variable Property� stating that the remaining nonwithdrawable variable property has been reclassified to common elements pursuant to paragraph (a) of this subsection.

�� (B) For property withdrawn under paragraph (b) of this subsection, a �Statement of Withdrawal of Variable Property from Condominium� stating that remaining withdrawable variable property has been withdrawn from the condominium pursuant to paragraph (b) of this subsection.

�� (d) A statement described in paragraph (c) of this subsection must:

�� (A) Include the name of the condominium, a reference to the recording index numbers and date of recording of the declaration, the plat creating the affected variable property and any applicable supplemental declaration.

�� (B) Include a description of the reclassified or withdrawn variable property complying with ORS 93.600.

�� (C) Be executed by the association and acknowledged.

�� (e) After recording a statement under paragraph (c) of this subsection, the association shall provide a copy of the recorded statement to the county surveyor. The original plat may not be changed or corrected after it is recorded with the county clerk.

�� (2)(a) Unless expressly prohibited by the declaration, any variable property automatically withdrawn from the condominium under subsection (1)(b) of this section or voluntarily withdrawn under ORS 100.150 (1)(b) may be later annexed to the condominium by the recording of a supplemental declaration and plat in accordance with ORS 100.120 (3) if such action is first approved by at least 75 percent of all voting rights in the manner required for an amendment to the declaration.

�� (b) The supplemental declaration and plat shall be executed by the association and acknowledged. Except for the termination date, the supplemental declaration must comply with ORS 100.120 (1) and (2) and must state that the annexation was approved by at least 75 percent of all voting rights.

�� (3)(a) Unless expressly prohibited by the declaration and notwithstanding the termination date, the association may, with respect to any variable property automatically reclassified, exercise any rights previously held by the declarant. The exercise of any right must first be approved by at least a majority of all voting rights. All other actions relating to such reclassified general common elements are regulated and governed in like manner as other general common elements of the condominium.

�� (b) If a supplemental declaration and plat is required for any action, the plat must be executed by the association and must comply with the requirements of this chapter as to a supplemental declaration and the recording of plats.

�� (4) Title to any additional units created under subsection (3) of this section automatically vests in the association upon the recording of a supplemental declaration and plat. The board of directors acting on behalf of the association has the power to hold, convey, lease, encumber or otherwise deal with a unit or any interest therein in like manner as other property owned by the association.

�� (5) The county clerk may charge a fee for recording a statement under this section according to provisions of ORS 205.320 (1)(d).

�� (6) The county assessor shall cause the assessment and tax rolls to reflect the status of any variable property affected by automatic property reclassification under subsection (1)(a) of this section or automatically withdrawn under subsection (1)(b) of this section. [Formerly 94.022; 2001 c.756 �33; 2009 c.641 �22; 2015 c.27 �9; 2019 c.69 �40]

RIGHTS AND DUTIES OF DECLARANT

�� 100.170 Easement held by declarant. Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging any obligation of the declarant or exercising any special declarant right, whether arising under the provisions of this chapter or reserved in the declaration or bylaws. [Formerly 94.066]

�� 100.175 Reserve account for maintaining, repairing and replacing common elements; reserve study; information required; maintenance plan. (1) The declarant, on behalf of the association of unit owners, shall:

�� (a) Conduct an initial reserve study as described in subsection (3) of this section;

�� (b) Prepare an initial maintenance plan as described in subsection (4) of this section; and

�� (c) Establish a reserve account if required under subsection (2) of this section.

�� (2)(a) An association of unit owners shall establish a reserve account to fund:

�� (A) Major maintenance, repair or replacement of those common elements or other property to be maintained by the association under the declaration or bylaws, all or part of which will normally require major maintenance, repair or replacement in more than one and less than 30 years;

�� (B) Exterior painting if the common elements or other property required to be maintained by the association under the declaration or bylaws include exterior painted surfaces; and

�� (C) Any other items for which a reserve is required under the declaration or bylaws.

�� (b) The reserve account required under paragraph (a) of this subsection need not include:

�� (A) Items that can reasonably be funded from the general budget or other funds or accounts of the association; or

�� (B) A reserve for limited common elements for which maintenance and replacement are the responsibility of one or more, but less than all, unit owners under the provisions of the declaration or bylaws.

�� (c) The reserve account must be established in the name of the association of unit owners. The association is responsible for administering the account and for making periodic payments into the account.

�� (d) The reserve portion of the initial assessment determined by the declarant must be based on:

�� (A) The reserve study described in subsection (3) of this section;

�� (B) In the case of a conversion condominium, the statement described in ORS 100.655 (1)(h); or

�� (C) Other reliable information.

�� (e) The reserve account must be funded by assessments against the individual units for the purposes for which the reserve account is established.

�� (f) The assessment under this subsection accrues from the time of the conveyance of the first individual unit assessed as provided in ORS 100.530.

�� (3)(a) The board of directors of the association shall annually determine the reserve account requirements by conducting a reserve study or reviewing and updating an existing study using the following information:

�� (A) The starting balance of the reserve account for the current fiscal year;

�� (B) The estimated remaining useful life of each item for which reserves are or will be established, as of the date of the study or review;

�� (C) The estimated cost of maintenance and repair and replacement at the end of the useful life of each item for which reserves are or will be established;

�� (D) The rate of inflation during the current fiscal year; and

�� (E) Returns on any invested reserves or investments.

�� (b) Subject to subsection (10) of this section, after a review of the reserve study or the reserve study update, the board may, without any action by the unit owners:

�� (A) Adjust the amount of payments in accordance with the study or review; and

�� (B) Provide for other reserve items that the board of directors, in its discretion, may deem appropriate.

�� (c) The reserve study must:

�� (A) Identify all items for which reserves are or will be established;

�� (B) Include the estimated remaining useful life of each item, as of the date of the reserve study; and

�� (C) Include for each item, as applicable, an estimated cost of maintenance and repair and replacement at the end of the item�s useful life.

�� (4)(a) The board of directors shall prepare a maintenance plan for the maintenance, repair and replacement of all property for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or this chapter. The maintenance plan must:

�� (A) Describe the maintenance, repair and replacement to be conducted;

�� (B) Include a schedule for the maintenance, repair and replacement;

�� (C) Be appropriate for the size and complexity of the maintenance, repair and replacement responsibility of the association; and

�� (D) Address issues that include but are not limited to warranties and the useful life of the items for which the association has maintenance, repair or replacement responsibility.

�� (b) The board of directors shall review and update the maintenance plan described under this subsection as necessary.

�� (5)(a) Except as provided in paragraph (b) of this subsection, the reserve study requirements under subsection (3) of this section and the maintenance plan requirements under subsection (4) of this section do not apply to a condominium consisting of one or two units, excluding units used for parking, storage or other uses ancillary to a unit:

�� (A) After the sale of the first unit to a person other than a successor declarant, if the condominium is created on or after September 27, 2007; or

�� (B) If the condominium was created before September 27, 2007, notwithstanding any requirement in the declaration or bylaws.

�� (b) The reserve study requirements under subsection (3) of this section and the maintenance plan requirements under subsection (4) of this section apply to a flexible condominium or a staged condominium created on or after September 27, 2007, if the condominium might in the future consist of more than two units.

�� (6)(a) If the declaration or bylaws require a reserve account, the reserve study requirements of subsection (3) of this section and the maintenance plan requirements of subsection (4) of this section first apply to the association of a condominium recorded prior to October 23, 1999:

�� (A) Upon adoption of a resolution by the board of directors in accordance with the bylaws providing that the requirements of subsections (3) and (4) of this section apply to the association; or

�� (B) Upon submission to the board of directors of a petition signed by a majority of unit owners mandating that the requirements of subsections (3) and (4) of this section apply to the association.

�� (b) The reserve study and the maintenance plan must be completed within one year of the date of adoption of the resolution or submission of the petition to the board of directors.

�� (7)(a) Except as provided in paragraph (b) of this subsection, the reserve account is to be used only for the purposes for which reserves have been established and is to be kept separate from other funds.

�� (b) After the individual unit owners have assumed administrative responsibility for the association under ORS 100.210, if the board of directors has adopted a resolution, which may be an annual continuing resolution, authorizing the borrowing of funds:

�� (A) The board of directors may borrow funds from the reserve account to meet high seasonal demands on the regular operating funds or to meet unexpected increases in expenses.

�� (B) Not later than the adoption of the budget for the following year, the board of directors shall adopt by resolution a written payment plan providing for repayment of the borrowed funds within a reasonable period.

�� (8) The reserve account is subject to the requirements and restrictions of ORS 100.480 and any additional requirements or restrictions imposed by the declaration, bylaws or rules of the association of unit owners.

�� (9) Assessments paid into the reserve account are the property of the association of unit owners and are not refundable to sellers of units.

�� (10)(a) Except as provided under paragraph (b) of this subsection, unless the board of directors under subsection (3) of this section determines that the reserve account will be adequately funded for the following year, the board of directors or the owners may not vote to eliminate funding a reserve account required under this section or under the declaration or bylaws.

�� (b) Following the turnover meeting described in ORS 100.210, on an annual basis, the board of directors, with the approval of all owners, may elect not to fund the reserve account for the following year. [Formerly 94.072; 1997 c.816 �7; 1999 c.677 �44; 2001 c.756 �34; 2003 c.569 �27; 2005 c.543 �2; 2007 c.409 �23; 2009 c.641 �23; 2011 c.532 �7; 2017 c.111 �3; 2019 c.69 �41]

WARRANTIES ON NEW UNITS

�� 100.185 Express warranties; form; exclusion of implied warranties; exemption for consumer products; claims. (1) The declarant shall expressly warrant against defects in the plumbing, electrical, mechanical, structural, and all other components of the newly constructed units and common elements. Such warranty:

�� (a) Shall exist on a unit and the related limited common elements for not less than one year from the date of delivery of possession of that unit by the declarant to the first unit owner other than the declarant;

�� (b) Shall exist on the general common elements for not less than one year from the initial conveyance of title to a unit by the declarant to a unit owner other than the declarant, or, in the case of a staged or a flexible condominium, for not less than one year from such initial conveyance of title or completion of the construction of the specific general common element, whichever is later;

�� (c) Shall be contained in the contract or other agreement to purchase;

�� (d) Shall be separate from, and in addition to, any warranties provided by any other person;

�� (e) Shall be in lieu of any implied warranties by the declarant against defects in the plumbing, electrical, mechanical, structural or other components of any newly constructed unit or common elements; and

�� (f) Shall name the association of unit owners as an express beneficiary with regard to general common elements.

�� (2) A written claim reasonably specifying a breach of the warranty on the unit and the related limited common elements must be delivered to the declarant before the expiration of such warranty. A written claim reasonably specifying a breach of the warranty on the general common elements must be delivered to the declarant within two years of expiration of such warranty, but the claim must be for a defect existing prior to the expiration of such warranty under this section. An action to enforce such warranty shall not be commenced later than four years after expiration of such warranty.

�� (3) For the purposes of this section, �newly constructed units and common elements� means:

�� (a) Units and related limited common elements:

�� (A) That have been substantially completed for less than three years; and

�� (B) That have been occupied for less than 12 months.

�� (b) General common elements:

�� (A) That have been substantially completed for less than three years; and

�� (B) That were constructed contemporaneously with units that have been occupied for less than 12 months.

�� (4) The warranty required under subsection (1) of this section is not required for consumer products as defined in 15 United States Code 2301 (1). [Formerly 94.017; 1999 c.677 �45; 2001 c.756 �35]

DECLARANT CONTROL; TURNOVER

�� 100.200 Declarant control of association. (1) Subject to subsection (2) of this section, the declaration or bylaws may specifically provide for a period of declarant control of the association of unit owners, during which period a declarant or person designated by the declarant may appoint and remove officers and members of the board of directors and exercise powers and responsibilities otherwise assigned by the declaration, bylaws or the provisions of this chapter to the association, the officers or the board of directors. No formal or written proxy or power of attorney need be required of the unit owners to vest the declarant with such authority. Declarant control may be achieved by allocating in the declaration greater voting rights to a unit owned by the declarant.

�� (2) The declaration or bylaws may not provide for a period of administrative control of the association of unit owners by the declarant for a period exceeding:

�� (a) In a single stage condominium the earlier of:

�� (A) Three years from the date the first unit is conveyed; or

�� (B) The date of conveyance to persons other than the declarant of 75 percent of the units.

�� (b) In a staged or flexible condominium the earlier of:

�� (A) Seven years from the date the first unit is conveyed; or

�� (B) The date of conveyance to persons other than the declarant of 75 percent of the units which may be created or annexed under ORS 100.125 or 100.150, whichever is applicable.

�� (3) A declarant may voluntarily relinquish any rights reserved in the declaration or bylaws under subsection (1) of this section.

�� (4) Upon the expiration of any period of declarant control reserved in the declaration or bylaws under subsection (1) of this section, such right shall automatically pass to the unit owners, including the declarant if the declarant then owns one or more units in the condominium.

�� (5) A declaration or bylaws may not be amended to increase the scope of any rights reserved in the declaration or bylaws under subsection (1) of this section without the consent of all unit owners.

�� (6) The limitations specified in subsection (2) of this section shall not limit any right reserved by the declarant under ORS 100.105 (2) or (7), 100.125 or

ORS 94.048

94.048; 2001 c.756 �30; 2009 c.641 �45; 2019 c.69 �39]

�� 100.130 Relocation of unit boundaries and common elements by amendment to declaration. (1) Subject to any limitations contained in the declaration, the boundaries between adjoining units, including any intervening common elements, may be relocated or eliminated by an amendment to the declaration under this section.

�� (2)(a) The owners of the affected units shall submit to the board of directors of the association a proposed amendment that must:

�� (A) Include a reference to the recording index numbers and date of recording of the declaration, bylaws, plat and any applicable amendments, supplemental declaration and supplemental plat;

�� (B) State that the amendment is adopted and recorded under this section;

�� (C) Identify the units involved;

�� (D) State any reallocations of common element interest, voting rights, common expense liability and right to common profits; and

�� (E) Contain words of conveyance.

�� (b) If the declaration provides that the method of determining any of the reallocations described in paragraph (a)(D) of this subsection is based on the area of the unit, the reallocation must be calculated according to the area of the affected units as originally stated in the declaration, notwithstanding any change in the total area of the affected units. The amendment may not change the allocations of any other units.

�� (3) The board of directors shall approve the amendment unless it determines within 45 days that the reallocations are unreasonable or the relocation or elimination will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

�� (4) The board of directors of the association of unit owners may require the owners of the affected units to submit an opinion of a registered architect or registered professional engineer that the proposed relocation or elimination will not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

�� (5) The board of directors of the association or any agent appointed by the board of directors may supervise the work necessary to effect the boundary relocation or elimination.

�� (6) Any expenses incurred under subsections (4) and (5) of this section shall be charged to the owners of the units requesting the boundary relocation or elimination.

�� (7) An amendment described in this section is not effective unless:

�� (a) Executed by the owners and approved by the mortgagees or trust deed beneficiaries of the affected units;

�� (b) Executed and certified by the association as required in ORS 100.135 (2);

�� (c) Approved by the Real Estate Commissioner, county tax collector and county tax assessor as required by ORS 100.110; and

�� (d) Recorded in the deed records of each county in which the condominium is located.

�� (8) An amendment to the plat and any floor plans necessary to show the altered boundaries between the adjoining units shall be recorded in accordance with ORS 100.116. [Formerly

ORS 94.078

94.078]

�� 100.205 Transitional committee; notice of meeting for formation. (1) A transitional committee shall be established as provided in this section in a single stage condominium consisting of at least 20 units and in a staged or flexible condominium if the number of units that the declarant may submit to the provisions of this chapter under ORS 100.125 or 100.150 totals at least 20.

�� (2) Unless the turnover meeting has been held, the declarant shall call a meeting of the unit owners for the purpose of forming a transitional committee in accordance with the bylaws of the condominium. The declarant shall call such meeting:

�� (a) In a single stage condominium, within 60 days of conveyance to persons other than the declarant of 50 percent of the units.

�� (b) In a staged or flexible condominium, within 60 days of conveyance to persons other than the declarant of 50 percent of the total number of units which the declarant may submit to the provisions of this chapter under ORS 100.125 or 100.150.

�� (3) The transitional committee shall be advisory only and shall consist of two or more members selected by unit owners other than the declarant and may include not more than one representative of the declarant. The members shall serve until the turnover meeting. The function of the committee shall be that of enabling ease of transition from control of the administration of the association of unit owners by the declarant to control by the unit owners. The committee shall have access to the information, documents and records that the declarant must turn over to the unit owners under ORS 100.210 (5).

�� (4) The declarant shall give notice of the meeting required under subsection (2) of this section in accordance with the bylaws of the condominium to each unit owner at least seven but not more than 50 days prior to the meeting. The notice shall state the purpose of the meeting and the time and place where it is to be held.

�� (5) If the meeting required under subsection (2) of this section is not called by the declarant within the time specified, the meeting may be called and notice given by a unit owner.

�� (6) If the owners other than the declarant do not select members for the committee under subsection (3) of this section, the declarant shall have no further responsibility to form the committee. [Formerly 94.084; 2023 c.9 �4]

�� 100.210 Turnover meeting; notice; transfer of control. (1) A turnover meeting shall be called by the declarant within 90 days of the expiration of any period of declarant control reserved in the declaration or bylaws under ORS 100.200. If no control has been reserved, the declarant shall call the turnover meeting within 90 days of the earlier of:

�� (a) In a single stage condominium, three years from the date of conveyance of the first unit to a person other than a successor declarant or conveyance of 50 percent of the units.

�� (b) In a staged or flexible condominium, seven years from the date of conveyance of the first unit to a person other than the declarant or conveyance to persons other than a successor declarant of 50 percent of the total number of units which the declarant may submit to the provisions of this chapter under ORS 100.125 or

ORS 94.097

94.097; 2011 c.532 �8; 2017 c.112 �1]

�� 100.225 Acquisition of special declarant rights by successor declarant; exceptions. (1) Except as otherwise provided in subsections (2) and (3) of this section, a developer, vendor under a land sale contract, mortgagee of a mortgage or beneficiary of a trust deed affecting the declarant�s interest in the property shall acquire all special declarant rights of the transferor upon transfer by the declarant or prior successor declarant of all of such transferor�s interest in the condominium, unless:

�� (a) The conveyance evidences an intent not to transfer any special declarant rights;

�� (b) An instrument executed by the transferor and the transferee evidences an intent not to transfer any special declarant rights and is recorded in the office of the recording officer of every county in which the property is located; or

�� (c) The transferee executes an instrument disclaiming any right to exercise any special declarant rights and such instrument is recorded in the office of the recording officer of every county in which the property is located.

�� (2) A transferee under subsection (1) of this section shall acquire less than all special declarant rights if:

�� (a) The conveyance from the transferor or an instrument executed by the transferor and the transferee evidences an intent to transfer less than all special declarant rights and states the specific right being transferred, and such instrument is recorded in the office of the recording officer of every county in which the property is located; or

�� (b) The transferee executes an instrument disclaiming specific special declarant rights and the instrument is recorded in the office of the recording officer of every county in which the property is located.

�� (3) When a transferee acquires all of the declarant�s interest in a condominium in which the declarant has reserved the right to add additional stages under ORS

ORS 94.116

94.116; 2007 c.705 �1; 2019 c.57 �8]

�� 100.310 Rights of tenants in conversion. (1) Prior to the sale of any dwelling unit which is to be retained as a unit in the conversion condominium without substantial alteration in its physical layout, the declarant shall first offer to sell the respective unit to the tenant who occupies the unit. The offer shall:

�� (a) Terminate 60 days after its receipt or upon written rejection of the offer by the tenant, whichever occurs earlier.

�� (b) Be accompanied by a copy of all applicable disclosure statements issued by the Real Estate Commissioner pursuant to ORS 100.700.

�� (c) Not constitute a notice to terminate the tenancy.

�� (2) The tenant�s dwelling unit may not be shown to any prospective purchasers of a conversion condominium unit without the tenant�s permission before the termination of the tenancy.

�� (3) The declarant shall not sell the unit to a person other than the tenant during the 60 days following the termination of an offer to the tenant under subsections (1) and (2) of this section at a price or on terms more favorable to the purchaser than the price or terms offered to the tenant.

�� (4) After the property has been submitted to the provisions of the Oregon Condominium Act, the declarant, until a unit is offered for sale in accordance with subsections (1) and (2) of this section, shall notify in writing any prospective tenant, prior to the commencement of the tenancy, that the property has been submitted to the provisions of the Oregon Condominium Act and the rights of a tenant under subsections (1) to (3) of this section. [Formerly 94.122; 1997 c.816 �8]

�� 100.315 Improvements in conversion condominium during notice period. (1) The declarant may not begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in a conversion condominium unit without the tenant�s permission during the 120-day notice period prescribed by ORS 100.305 (1).

�� (2) The declarant may begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in the general common elements during the 120-day notice period. Improvements to or rehabilitation of general common elements may be conducted only between the hours of 8 a.m. and 7 p.m. Unless the declarant and tenant agree otherwise, the declarant must allow each tenant safe and ready ingress to and egress from the tenant�s dwelling unit during the improvement or rehabilitation work.

�� (3) A tenant may bring an action against a declarant that violates subsection (2) of this section to recover the greater of actual damages or the equivalent of one month�s dwelling unit rent. [Formerly 94.128; 2007 c.705 �2]

�� 100.320 Authority of city or county to require developer to pay tenant moving expenses. A city or county may adopt an ordinance that requires a declarant to pay the moving expense of a tenant vacating a conversion condominium unit. [Formerly 94.134]

ASSOCIATION OF UNIT OWNERS; MANAGEMENT OF PROPERTY; ENCUMBRANCES; CONVEYANCES

�� 100.405 Association of unit owners; powers; granting of interest in common elements; dispute resolution. (1)(a) An association of unit owners must be organized to serve as a means through which the unit owners may take action with regard to the administration, management and operation of the condominium.

�� (b) The association of a condominium created on or after September 27, 2007, must be organized:

�� (A) As a corporation for profit or a nonprofit corporation; or

�� (B) If the condominium consists of four or fewer units, excluding units used for parking, storage or other use ancillary to a unit, as an unincorporated association, corporation for profit or a nonprofit corporation.

�� (c) If the association is incorporated:

�� (A) The name of the association must include the complete name of the condominium.

�� (B) The articles of incorporation must be consistent with the declaration and bylaws.

�� (d) For an association described in paragraph (b)(A) of this subsection, the association must be incorporated before conveyance of the first individual unit unless all units in the condominium are conveyed or transferred to one person in one transaction.

�� (e) Notwithstanding a provision in the declaration or bylaws of a condominium created before September 27, 2007, that states that the association must be unincorporated or that requires approval of owners to incorporate as a nonprofit corporation under ORS chapter 65, an unincorporated association may be incorporated as a nonprofit corporation under ORS chapter 65 if the board of directors adopts a resolution that states the association will be incorporated.

�� (f) A separate association is not created when an unincorporated association formed under this section is incorporated, reinstated after administrative dissolution under ORS

ORS 94.195

94.195; 1995 c.31 �13; 1997 c.816 �10; 1999 c.59 �18; 1999 c.677 �71; 2001 c.104 �31; 2003 c.569 �36; 2017 c.110 �2]

�� 100.460 Foreclosure against unit; receiver for unit; power of board of directors to bid at foreclosure sale. In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit, if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the rent. The board of directors, acting on behalf of the unit owners, shall have power, unless prohibited by the declaration, to bid in the unit at the foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. [Formerly 94.202]

�� 100.465 Circumstances in which deed in lieu of foreclosure extinguishes lien. Unless the declarations or bylaws otherwise provide, a deed in lieu of foreclosure accepted by the holder of a first mortgage or the beneficiary of a first deed of trust in respect to a condominium unit shall have the effect of extinguishing a lien of the association securing unpaid assessments through the date of recording of the deed in lieu of foreclosure in the following circumstances:

�� (1) Written notice has been given to the association, addressed to the individual authorized to accept service of process sent by first class mail, return receipt requested, notifying the association of the mortgagee or beneficiary�s intent to accept a deed in lieu of foreclosure and stating that the lien of the association may be extinguished in the circumstances specified in this section; and

�� (2) The deed in lieu of foreclosure is recorded not later than 30 days after the date the notice is mailed to the association. [1989 c.595 �36; 2003 c.569 �36a]

�� Note: 100.465 and 100.470 were added to and made a part of ORS 100.005 to 100.910 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 100.470 Lien foreclosure; other legal action by declarant, association or owner; attorney fees. In any suit or action brought by an association of unit owners to foreclose its lien or to collect delinquent assessments or in any suit or action brought by declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of the Oregon Condominium Act, the condominium declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1989 c.595 �37; 2001 c.756 �46; 2007 c.409 �29]

�� Note: See note under 100.465.

�� 100.475 Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation. (1) Except as provided in subsection (5) of this section, a unit owner is personally liable for all assessments imposed on the unit owner or assessed against the unit by the association of unit owners.

�� (2) If the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust deed, the purchaser, and the successors and assigns of the purchaser, are not liable for any of the assessments against the unit or its owner that became due prior to the acquisition of title to the unit by the purchaser except as specifically provided otherwise in ORS 100.450. The unpaid assessments are a common expense of all the unit owners, including the purchaser and the successors and assigns of the purchaser.

�� (3)(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the unit to the time of the grant or conveyance, without prejudice to the grantee�s right to recover from the grantor the amounts paid by the grantee therefor.

�� (b) Upon request of an owner or owner�s agent, for the benefit of a prospective purchaser, the board of directors shall make and deliver a written statement of the unpaid assessments against the prospective grantor or the unit effective through a date specified in the statement, and the grantee in that case shall not be liable for any unpaid assessments against the grantor not included in the written statement.

�� (4) An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance:

�� (a) May rely upon a written statement of unpaid assessments delivered pursuant to this section; and

�� (b) Is not liable for a failure to pay to the association at closing any amount in excess of the amount set forth in the written statement.

�� (5) During the redemption period that follows an execution sale conducted under ORS 18.860 to

ORS 94.255

94.255; 2001 c.756 �50; 2007 c.409 �32; 2009 c.641 �32]

�� 100.530 Allocation of common profits and expenses; liability of unit owner; limitation on assessments against declarant; deferral of assessments by declarant. (1) Unless otherwise provided in the declaration, the common profits of the property are distributed among, and the common expenses are charged to, the unit owners according to the allocation of undivided interest of each unit in the common elements.

�� (2) A unit owner, by the owner�s own action, may not claim exemption from liability for contribution toward the common expenses by waiving the owner�s use or enjoyment of any of the common elements or by abandoning the owner�s unit. An owner may not claim an offset against an assessment for failure of the association to perform its obligations.

�� (3) Subject to subsection (4) of this section:

�� (a) The declarant shall pay assessments due for operating expenses on all unsold units:

�� (A) From the date of conveyance of the first unit in the condominium; and

�� (B) For a staged or flexible condominium, from the date of recording the applicable supplemental declaration and supplemental plat recorded pursuant to ORS 100.120.

�� (b) From the date of conveyance of the first unit in the condominium, the declarant shall pay assessments due for reserves on all unsold units.

�� (c) The declarant may defer payment of accrued assessments for reserves required under ORS

ORS 94.504

94.504 to 94.528, the governing body of the city or county shall cause the development agreement to be presented for recording in the office of the county clerk of the county in which the property subject to the agreement is situated. In addition to other provisions required by ORS 94.504 to 94.528, the development agreement shall contain a legal description of the property subject to the agreement. [1993 c.780 �6]

�� Note: See note under 94.504.

�� 94.530 [Repealed by 1971 c.478 �1]

TRANSFERABLE DEVELOPMENT CREDITS

�� 94.531 Severable development interest in real property; transferable development credit. (1) The governing body of a city or county is authorized to recognize a severable development interest in real property. The governing body of the city or county may establish a system for the purchase and sale of development interests. The interest transferred shall be known as a transferable development credit. A transferable development credit shall include the ability to establish in a location in the city or county a specified amount of residential or nonresidential development that is different from development types or exceeds development limitations provided in the applicable land use regulations for the location. All development authorized or approved using transferable development credits shall comply with the land use planning goals adopted under ORS 197.225 and the acknowledged comprehensive plan.

�� (2) The ability to develop land from which credits are transferred shall be reduced by the amount of the development credits transferred, and development on the land to which credits are transferred may be increased in accordance with a transfer system formally adopted by the governing body of the city or county.

�� (3) The holder of a recorded mortgage encumbering land from which credits are transferred shall be given prior written notice of the proposed conveyance by the record owner of the property and must consent to the conveyance before any development credits may be transferred from the property.

�� (4) A city or county with a transferable development credit system shall maintain a registry of all lots or parcels from which credits have been transferred, the lots or parcels to which credits have been transferred and the allowable development level for each lot or parcel following transfer.

�� (5) A city or county, or an elected official, appointed official, employee or agent of a city or county, shall not be found liable for damages resulting from any error made in:

�� (a) Allowing the use of a transferable development credit that complies with an adopted transferable development credit system and the acknowledged comprehensive plan; or

�� (b) Maintaining the registry required under subsection (4) of this section. [1999 c.573 �1]

�� Note: 94.531 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 94 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 94.534 Policy on transferable development credit systems. (1) The Legislative Assembly finds that:

�� (a) Working farms and forests make vital contributions to Oregon by:

�� (A) Providing jobs, timber, agricultural products, tax base and other social and economic benefits;

�� (B) Helping to maintain soil, air and water resources;

�� (C) Reducing levels of carbon dioxide in the atmosphere; and

�� (D) Providing habitat for wildlife and aquatic life.

�� (b) Natural resources, scenic and historic areas and open spaces promote a sustainable and healthy environment and natural landscape that contributes to the livability of Oregon.

�� (c) Population growth, escalating land values, increasing risks due to wildfire and invasive species and changes in land ownership and management objectives, with a resulting increase in conflict caused between resource uses and dispersed residential development, require that new methods be developed to facilitate the continued management of private lands zoned for farm use, forest use and mixed farm and forest use for the purposes of:

�� (A) Agricultural production and timber harvest; and

�� (B) Preservation of natural resources, scenic and historic areas and open spaces for future generations.

�� (2) The Legislative Assembly declares that transferable development credit systems:

�� (a) Complement the statewide land use planning system in Oregon and encourage effective local implementation of the statewide land use planning goals.

�� (b) Provide incentives for private landowners, local, regional, state and federal governments and other entities to permanently protect farm land and forestland, including a land base for working farms, ranches, forests and woodlots, significant natural resources, scenic and historic areas and open spaces.

�� (c) Benefit rural land owners, including owners of working farms, ranches, forests and woodlots, that voluntarily provide stewardship of natural resources on private lands.

�� (d) Provide voluntary and effective methods to help improve the livability of urban areas and to mitigate and adapt to global climate change. [2009 c.504 �1]

�� Note: 94.534, 94.536 and 94.538 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 94 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 94.536 Definitions for ORS 94.536 and 94.538. As used in this section and ORS 94.538:

�� (1) �Conservation easement� has the meaning given that term in ORS 271.715.

�� (2) �Governmental unit� means a city, county, metropolitan service district or state agency as defined in ORS 171.133.

�� (3) �Holder� has the meaning given that term in ORS 271.715.

�� (4) �Lot� has the meaning given that term in ORS 92.010.

�� (5) �Parcel� has the meaning given that term in ORS 92.010.

�� (6) �Receiving area� means a designated area of land to which a holder of development credits generated from a sending area may transfer the development credits and in which additional uses or development, not otherwise allowed, are allowed by reason of the transfer.

�� (7) �Resource land� means:

�� (a) Lands outside an urban growth boundary planned and zoned for farm use, forest use or mixed farm and forest use.

�� (b) Lands inside or outside urban growth boundaries identified:

�� (A) In an acknowledged local or regional government inventory as containing significant wetland, riparian, wildlife habitat, historic, scenic or open space resources; or

�� (B) As containing important natural resources, estuaries, coastal shorelands, beaches and dunes or other resources described in the statewide land use planning goals.

�� (c) �Conservation Opportunity Areas� identified in the �Oregon Conservation Strategy� adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.

�� (8) �Sending area� means a designated area of resource land from which development credits generated from forgone development are transferable, for uses or development not otherwise allowed, to a receiving area.

�� (9) �Tract� has the meaning given that term in ORS 215.010.

�� (10) �Transferable development credit� means a severable development interest in real property that can be transferred from a lot, parcel or tract in a sending area to a lot, parcel or tract in a receiving area.

�� (11) �Transferable development credit system� means a land use planning tool that allows the record owner of a lot, parcel or tract of resource land in a sending area to voluntarily sever and sell development interests from the lot, parcel or tract for purchase and use by a potential developer to develop a lot, parcel or tract in a receiving area at a higher intensity than otherwise allowed.

�� (12) �Urban growth boundary� has the meaning given that term in ORS 197.015.

�� (13) �Urban reserve� has the meaning given that term in ORS 197A.230. [2009 c.504 �2; 2010 c.5 �1; 2023 c.13 �72]

�� Note: See note under 94.534.

�� 94.538 Transferable development credit systems. (1) One or more governmental units may establish a transferable development credit system, including a process for allowing transfer of development interests from a sending area within the jurisdiction of one governmental unit to a receiving area within the jurisdiction of another governmental unit.

�� (2) If the transferable development credit system allows transfer of development interests between the jurisdictions of different governmental units, the process must be described in an intergovernmental agreement under ORS 190.003 to 190.130 entered into by the governmental units with land use jurisdiction over the sending and receiving areas and, for purposes of administration of the process, the Department of Land Conservation and Development. The intergovernmental agreement may contain provisions for sharing between governmental units of the prospective ad valorem tax revenues derived from new development in the receiving area authorized under the system.

�� (3) A transferable development credit system must provide for:

�� (a) The record owner of a lot, parcel or tract in a sending area to voluntarily sever and sell development interests of the lot, parcel or tract for use in a receiving area;

�� (b) A potential developer of land in a receiving area to purchase transferable development credits that allow a higher intensity use or development of the land, including development bonuses or other incentives not otherwise allowed, through changes to the planning and zoning or waivers of density, height or bulk limitations in the receiving area;

�� (c) The governmental units administering the system to determine the type, extent and intensity of uses or development allowed in the receiving area, based on the transferable development credits generated from severed and sold development interests; and

�� (d) The holder of a recorded instrument encumbering a lot, parcel or tract from which the record owner proposes to sever development interests for transfer to be given prior written notice of the proposed transaction and to approve or disapprove the transaction.

�� (4) A transferable development credit system must offer:

�� (a) Incentives for a record owner of resource land to voluntarily prohibit or limit development on the resource land and to sell or transfer forgone development to lands within receiving areas.

�� (b) Benefits to landowners by providing monetary compensation for limiting development in sending areas.

�� (c) Benefits to developers by allowing increased development and development incentives in receiving areas.

�� (5) The governmental units administering a transferable development credit system must:

�� (a) Designate sending areas that are chosen to achieve the requirements set forth in this section and the objectives set forth in ORS 94.534.

�� (b) Designate receiving areas that are chosen to achieve the requirements set forth in this section and the objectives set forth in ORS 94.534.

�� (c) Provide development bonuses and incentives to stimulate the demand for the purchase and sale of transferable development credits.

�� (d) Require that the record owner of development interests transferred as development credits from a sending area to a receiving area cause to be recorded, in the deed records of the county in which the sending area is located, a conservation easement that:

�� (A) Limits development of the lot, parcel or tract from which the interests are severed consistent with the transfer; and

�� (B) Names an entity, approved by the governmental units administering the system, as the holder of the conservation easement.

�� (e) Maintain records of:

�� (A) The lots, parcels and tracts from which development interests have been severed;

�� (B) The lots, parcels and tracts to which transferable development credits have been transferred; and

�� (C) The allowable level of use or development for each lot, parcel or tract after a transfer of development credits.

�� (f) Provide periodic summary reports of activities of the system to the department.

�� (6) A receiving area must be composed of land that is within an urban growth boundary or, subject to subsection (7) of this section, within an urban reserve established under ORS 197A.230 to 197A.250 and that is:

�� (a) Appropriate and suitable for development.

�� (b) Not subject to limitations designed to protect natural resources, scenic and historic areas, open spaces or other resources protected under the statewide land use planning goals.

�� (c) Not within an area identified as a priority area for protection in the �Oregon Conservation Strategy� adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.

�� (d) Not within a �Conservation Opportunity Area� identified in the �Oregon Conservation Strategy� adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.

�� (7) Land within an urban reserve:

�� (a) May be the site of a receiving area only if:

�� (A) The receiving area is likely to be brought within an urban growth boundary at the next periodic review under ORS 197.628 to 197.651 or legislative review under ORS

ORS 94.572

94.572 shall cause the bylaws of the association and amendments to the bylaws in effect but not codified in the bylaws to be certified as provided in this subsection and recorded in the office of the recording officer of each county in which the planned community is located within 180 days of receipt of a written request from an owner that the bylaws be recorded.

�� (b) The president and secretary of the association shall certify and acknowledge, in the manner provided for acknowledgment of deeds, that:

�� (A) The bylaws are the duly adopted bylaws of the association; and

�� (B) Each amendment to the bylaws was duly adopted in accordance with the bylaws of the association.

�� (c) The 180-day period specified in paragraph (a) of this subsection may be extended as necessary if the board of directors is unable to record the bylaws for justifiable reasons.

�� (d) Failure to record the bylaws or amendments to the bylaws in accordance with this subsection does not render the bylaws or amendments to the bylaws ineffective.

�� (e) After the bylaws are recorded under this section, all amendments to the bylaws adopted thereafter must be recorded as provided in this section.

�� (4) Unless otherwise provided in the bylaws, amendments to the bylaws may be proposed by a majority of the board of directors or by at least 30 percent of the owners of the planned community.

�� (5) Subject to subsection (6) of this section, an amendment is not effective unless the amendment is:

�� (a) Approved, unless otherwise provided in the bylaws, by a majority of the votes in a planned community present, in person or by proxy, at a duly constituted meeting, by written ballot in lieu of a meeting under ORS 94.647 or other procedure permitted under the declaration or bylaws;

�� (b) Certified by the president and secretary of the association as having been adopted in accordance with the bylaws and this section and acknowledged in the manner provided for acknowledgment of deeds if the amendment is required to be recorded under paragraph (c) of this subsection; and

�� (c) Recorded in the office of the recording officer if the bylaws to which the amendment relates were recorded.

�� (6) If a provision required to be in the declaration under ORS 94.580 is included in the bylaws, the voting requirements for amending the declaration shall also govern the amendment of the provision in the bylaws.

�� (7) Notwithstanding a provision in the bylaws, including bylaws adopted prior to July 14, 2003, that requires an amendment to be executed, or executed and acknowledged, by all owners approving the amendment, amendments to the bylaws under this section become effective after approval by the owners if executed and certified on behalf of the association by the president and secretary in accordance with subsection (5)(b) of this section.

�� (8) An amendment to the bylaws is conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to the amendment unless an action is brought within one year after the effective date of the amendment or the face of the amendment indicates that the amendment received the approval of fewer votes than required for approval. Nothing in this subsection prevents the further amendment of an amended bylaw.

�� (9) Failure to comply with subsection (1) of this section does not invalidate a conveyance from the declarant to an owner.

�� (10) The board of directors, by resolution and without the further approval of the owners, may cause restated bylaws to be prepared and recorded to codify individual amendments that have been adopted in accordance with subsection (5) of this section. Bylaws restated under this subsection must:

�� (a) Include all previously adopted amendments that are in effect and may not include any other changes except to correct scriveners� errors or to conform format and style;

�� (b) Include a statement that the board of directors has adopted a resolution in accordance with this subsection and is causing the bylaws to be restated and recorded under this subsection;

�� (c) Include a reference to the recording index numbers and date of recording of the initial bylaws, if recorded, and all previously recorded amendments that are in effect and are being codified;

�� (d) Include a certification by the president and secretary of the association that the restated bylaws include all previously adopted amendments that are in effect and no other changes except, if applicable, to correct scriveners� errors or to conform form and style; and

�� (e) Be executed and acknowledged by the president and secretary of the association and recorded in the deed records of each county in which the planned community is located. [1981 c.782 �35; 2001 c.756 �12; 2003 c.569 �10; 2007 c.410 �2; 2009 c.641 �5]

�� 94.626 Corporate dissolution of association. (1) If a homeowners association is at any time dissolved, whether inadvertently or deliberately:

�� (a) The association automatically continues as an unincorporated association under the same name.

�� (b) The unincorporated association:

�� (A) Has all the property, powers and obligations of the incorporated association existing immediately prior to dissolution;

�� (B) Shall be governed by the bylaws and, to the extent applicable, the articles of incorporation of the incorporated association; and

�� (C) Shall be served by the members of the board of directors and the officers who served immediately prior to dissolution.

�� (2) A separate association is not created when an association is reinstated after administrative dissolution under ORS 65.654 or again incorporated following dissolution. The association automatically continues without any further action by incorporators, directors or officers that may otherwise be required under ORS chapter 65.

�� (3)(a) The association described in subsection (2) of this section has all the property, powers and obligations of the unincorporated association that existed immediately prior to incorporation or reinstatement.

�� (b) The bylaws in effect immediately prior to incorporation or reinstatement constitute the bylaws of the incorporated association.

�� (c) The members of the board of directors and the officers continue to serve as directors and officers.

�� (4) The provisions of this section apply notwithstanding any provision of a governing document of a planned community that appears to be contrary. [2009 c.641 �3]

�� 94.630 Powers of association. (1) Subject to subsection (2) of this section and ORS 94.762, 94.763, 94.776,

ORS 94.635

94.635 (3); or

�� (b) If a turnover meeting is not held, the date the owners assume administrative control of the association.

�� (3) Failure of the declarant to deposit the balance due within 30 days after the due date constitutes a violation of ORS 94.777.

�� (4) The books and records of the association shall reflect the amount the declarant owes for all reserve account assessments.

�� (5)(a) Except for assessments under subsections (6), (7) and (8) of this section, the board of directors shall assess all common expenses against all the lots that are subject to assessment according to the allocations stated in the declaration.

�� (b) Any assessment or any installment of the assessment past due shall bear interest at the rate established by resolution of the board of directors.

�� (c) Nothing in this section prohibits the board from making compromises on overdue assessments if the compromise benefits the association.

�� (6) Unless otherwise provided in the declaration or bylaws, any common expense or any part of a common expense benefiting fewer than all of the lots may be assessed exclusively against the lots or units benefited.

�� (7) Unless otherwise provided in the declaration or bylaws, assessments to pay a judgment against the association may be made only against the lots in proportion to their common expense liabilities.

�� (8) If the board of directors determines that any loss or cost incurred by the homeowners association is the fault of one or more owners, the homeowners association may assess the loss or cost exclusively against the lots of the responsible owners.

�� (9) If the homeowners association reallocates common expense liabilities, any common expense assessment and any installment of the assessment not yet due shall be recalculated according to the reallocated common expense liabilities.

�� (10)(a) A lot owner may not claim exemption from liability for contribution toward the common expenses by waiving the use or enjoyment of any of the common property or by abandoning the owner�s lot.

�� (b) An owner may not claim to offset an assessment for failure of the association to perform the association�s obligations.

�� (11)(a) During any period of declarant control, any special assessment for capital improvements or additions must be approved by not less than 50 percent of the voting rights, or such greater percentage as may be specified in the declaration, without regard to any weighted right or special voting right in favor of the declarant.

�� (b) Nothing in this subsection is intended to prohibit a declarant from reserving a special declarant right to approve any such assessment. [1981 c.782 �43; 1999 c.677 �25; 2001 c.756 �21; 2003 c.569 �16; 2009 c.641 �15]

�� 94.705 [Repealed by 1971 c.478 �1]

�� 94.709 Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure. (1) Whenever a homeowners association levies any assessment against a lot, the association shall have a lien upon the individual lot for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts imposed under the declaration or bylaws or other recorded governing document. The lien is prior to a homestead exemption and all other liens or encumbrances upon the lot except:

�� (a) Tax and assessment liens; and

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

�� (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 a lot 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 lot, or reputed owner, if known;

�� (c) The name of the association;

�� (d) The description of the lot as provided in ORS 93.600; and

�� (e) A statement that if the owner of the lot 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.

�� (5) Unless the declaration or bylaws provide otherwise, fees, late charges, fines and interest imposed pursuant to ORS 94.630 (1)(L), (n) and (o) are enforceable as assessments under this section.

�� (6) This section does not prohibit an association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien.

�� (7) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien for unpaid assessments. A judgment entered on the action does not extinguish the lien. Payment of the judgment operates to satisfy the lien, or a portion of the lien, to the extent of the payment received. [1981 c.782 �44; 1999 c.677 �26; 2003 c.569 �17; 2017 c.110 �1]

�� 94.710 [Repealed by 1971 c.478 �1]

�� 94.712 Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitations. (1) Except as provided in subsection (4) of this section, an owner is personally liable for all assessments imposed on the owner or assessed against the owner�s lot by the homeowners association.

�� (2)(a) Subject to paragraph (b) of this subsection, in a voluntary conveyance of a lot, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor of the lot to the time of the grant or conveyance, without prejudice to the grantee�s right to recover from the grantor the amounts paid by the grantee therefor.

�� (b) Upon request of an owner or owner�s agent, for the benefit of a prospective purchaser, the board of directors shall make and deliver a written statement of the unpaid assessments against the prospective grantor or the lot effective through a date specified in the statement, and the grantee in that case shall not be liable for any unpaid assessments against the grantor not included in the written statement.

�� (3) An escrow agent or a title insurance company providing escrow services or issuing title insurance in conjunction with the conveyance:

�� (a) May rely on a written statement of unpaid assessments delivered pursuant to subsection (2) of this section; and

�� (b) Is not liable for a failure to pay the association at closing any amount in excess of the amount set forth in the written statement.

�� (4) During the redemption period that follows an execution sale conducted under ORS 18.860 to

ORS 94.807

94.807 to 94.945 is a �security,� as defined in ORS 59.015. [1983 c.530 ��4a,5; 1985 c.349 �29; 1987 c.603 �25]

�� 94.815 [Repealed by 1971 c.478 �1]

�� 94.816 Partition prohibited; exception. (1) Except as otherwise provided in this section, no judicial action for partition of a timeshare property may be undertaken as long as the property remains subject to a timeshare plan.

�� (2) If any timeshare is owned by two or more persons as tenants in common, as tenants by the entirety or as tenants with rights of survivorship, nothing in this section shall prohibit the judicial sale of the timeshare in lieu of partition as between the cotenants.

�� (3) A court of competent jurisdiction, on petition of the developer of a timeshare plan or the developer�s successor in interest, may grant a waiver of the prohibition against partition under subsection (1) of this section, if the court is satisfied that:

�� (a) The developer retains at least 50 percent of the timeshares created in the timeshare plan;

�� (b) The timeshare plan has failed and the continuation of the use of timeshare property by timeshare owners is no longer possible in the manner prescribed by the timeshare instruments;

�� (c) It is in the best interest of timeshare owners to terminate the timeshare plan and that no reasonable alternative to partition of the timeshare property exists;

�� (d) The petition has not been brought by the developer to avoid the developer�s responsibilities under the timeshare instrument without good cause; and

�� (e) The holder of each blanket encumbrance consents to the proceeding under this section.

�� (4) Except as otherwise provided in subsection (5) of this section, upon a court declaration of timeshare plan failure under subsection (3) of this section, the court shall proceed to partition the timeshare property as otherwise provided by law.

�� (5) In the event of a court-ordered sale in connection with partition, proceeds of the sale shall be applied in the following order:

�� (a) Costs described in ORS 105.285 (1) and (2);

�� (b) Repayment to owners except the developer of down payments and payments of principal and interest paid by such owners for their timeshares less the value, as determined by the court, of the owners� use of their timeshares;

�� (c) Payments to satisfy and discharge the remaining timeshare purchase money obligations of all owners except the developer. If the developer or an entity closely related to the developer holds the beneficial interest in any of such purchase money obligations, funds shall first be applied to discharge the purchase money obligations held by other holders, and then to the credit of the developer and its related entity for purchase money obligations held by the developer or such entity. Funds paid to the developer or the related entity�s credit shall be held by the court as proceeds available to lienholders and other claimants in such partition. If there are insufficient funds to fully discharge purchase money obligations of all owners except the developer, the balance of unsatisfied purchase money obligations of all owners except the developer shall be discharged by judgment of the court; and

�� (d) As otherwise provided by law. [1983 c.530 �6; 2003 c.576 �356]

�� 94.818 Recording of timeshare instrument; payments required. (1) To submit property located within this state to the provisions of ORS 94.803 and 94.807 to 94.945, the developer shall record a timeshare instrument in the office of the recording officer of every county in which the timeshare property is located. To submit property located outside this state to the provisions of ORS 94.803 and 94.807 to 94.945, the developer shall satisfy the requirements of ORS 94.885 for the recording of a notice of timeshare plan. The timeshare instrument shall comply with ORS 94.821 and shall be executed in accordance with subsection (2) of this section and acknowledged in the manner provided for acknowledgment of a deed.

�� (2) If the developer is not the fee owner of the property, the fee owner and the vendor under any contract of sale and the lessor under any lease shall also execute the timeshare instrument for the purpose of consenting to the property being submitted to the provisions of ORS 94.803 and 94.807 to 94.945.

�� (3) No timeshare instrument shall be recorded unless all taxes, penalties, special assessments, fees and charges that would be required to be paid for subdivisions or partitions under ORS 92.095 have been paid in the same manner as provided in ORS 92.095. [1983 c.530 �7; 1993 c.19 �2]

�� 94.820 [Repealed by 1971 c.478 �1]

�� 94.821 Content of timeshare instrument. A timeshare instrument shall include:

�� (1) A legal description of the timeshare property;

�� (2) The name or other identification of the project;

�� (3) Identification of timeshare periods by letter, name, number or a combination of letters, names and numbers and a description of the timeshare;

�� (4) Identification of the accommodations;

�� (5) The method for determining the owner�s liability for common expenses and real property taxes;

�� (6) The method for notice and appeal of property tax values;

�� (7) If additional accommodations may become part of the timeshare property or existing accommodations may be deleted from the timeshare property, the method for adding them to or deleting them from the property and the formula for allocation and reallocation of the liabilities for common expenses and of voting rights;

�� (8) Any restrictions on the use, occupancy or alteration of a timeshare accommodation and any specified procedure or method for amending existing rules or adopting additional rules and regulations;

�� (9) Any restriction on the alienation of a timeshare;

�� (10) The ownership interest of the owner in personal property and provisions for care and replacement of personal property;

�� (11) If the instrument creates timeshare licenses, the period the accommodations affected are committed to timeshare licenses and provisions for disposition of those accommodations at the end of the period, if the period is not infinite;

�� (12) Any requirement for or restriction on amending the timeshare instrument;

�� (13) The nature and duration of the owner�s rights in the timeshare plan, the circumstances under which the timeshare plan could be terminated and the procedure for terminating the timeshare plan;

�� (14) A description of the form of conveyance or other instrument used by the developer to transfer a timeshare to a purchaser;

�� (15) The identity of any person that has the power to grant an easement in the timeshare property or otherwise affect the title to the timeshare property;

�� (16) How and by whom the timeshare plan will be managed, including but not limited to provisions for selecting a replacement or successor managing entity and provisions for continuity of management throughout the duration of the timeshare plan;

�� (17) A description of the voting rights of a timeshare owner and the developer and other participation rights, if any, of a timeshare owner and the method for determining and allocating the voting rights; and

�� (18) Provisions for notifying a timeshare owner of any authorized change in the owner�s voting or participation rights. [1983 c.530 �8; 1987 c.424 �4]

�� 94.823 Notice of intent to sell timeshares; form and content; rules. A developer shall submit a notice to the Real Estate Commissioner informing the commissioner of the developer�s intent to sell timeshares in Oregon. The form and content of the notice shall be established by rule by the commissioner, but shall include at least:

�� (1) The name and business and residence addresses of:

�� (a) The developer;

�� (b) The developer�s agent;

�� (c) The designated managing entity; and

�� (d) Any person selling the timeshare plan within Oregon.

�� (2) An explanation of the timeshare form of ownership to be offered under the timeshare plan.

�� (3) A general description of the timeshare plan, including the number of timeshares to be offered under the timeshare plan and the number and description of the accommodations and facilities.

�� (4) A complete description, including a copy of all necessary implementing documents, of the methods to be used by the developer to comply with the requirements of ORS

ORS 94.823

94.823 shall be accompanied by a filing fee as follows:

�� (a) For a timeshare plan developed in a single phase, $500 plus $10 for each timeshare but in no case shall the fee exceed $3,000.

�� (b) For a timeshare plan developed in two or more phases, $500 plus $10 for each timeshare in the first phase, and $5 for each additional timeshare developed in a subsequent phase of the same development, but in no case shall the fee exceed $3,000 for each phase.

�� (2) For a material change notice submitted under ORS 94.828 (1), (2) and (4), the Real Estate Commissioner may charge a fee not to exceed $100 for each page of the public report that must be revised, but in no case shall the fee for a material change exceed $500.

�� (3) When an examination is to be made of timeshare property located in the State of Oregon, or timeshare property located outside Oregon that will be offered for sale to persons within Oregon, the commissioner, in addition to the filing fee provided in subsections (1) and (2) of this section, may require the developer to advance payment of an amount estimated by the commissioner to be the expense incurred in going to and returning from the timeshare property, and an amount estimated to be necessary to cover the additional expense of the examination not to exceed $200 a day for each day consumed in the examination of the timeshare property. The amounts estimated by the commissioner under this subsection shall be based upon any applicable limits established and regulated by the Oregon Department of Administrative Services under ORS 292.220.

�� (4) The moneys received under subsections (1) to (3) of this section shall be paid into the State Treasury and placed in the General Fund to the credit of the Real Estate Account established under ORS 696.490. [1983 c.530 ��22,23,24]

�� 94.833 Sale of timeshare plan located out-of-state. (1) Before negotiating within this state for the sale of a timeshare in a timeshare plan composed wholly or partially of timeshare property located outside this state, the developer of the timeshare plan must:

�� (a) Comply with ORS 94.803 and 94.807 to 94.945; and

�� (b) Record, in the real property records of each county or other appropriate jurisdiction of each state in which the timeshare property is located for use of a timeshare owner, the notice of timeshare plan, as defined in ORS 94.885 for the timeshare plan. This recording requirement does not apply to timeshare property located in foreign countries.

�� (2) Before the sale of a timeshare in a timeshare plan composed wholly of timeshare property located within this state, the developer of the timeshare plan must comply with the applicable provisions of ORS 94.803 and 94.807 to 94.945. [1983 c.530 �18]

�� 94.835 [Repealed by 1971 c.478 �1]

(Purchaser�s Rights)

�� 94.836 Cancellation of purchase within five days. (1) A purchaser from a developer may cancel, for any reason, any contract, agreement or other evidence of indebtedness associated with the sale of the timeshare within five calendar days from the date the purchaser signs the first written offer or contract to purchase.

�� (2) Cancellation, under subsection (1) of this section, occurs when the purchaser gives written notice to the developer at the developer�s address. The cancellation period in subsection (1) of this section does not begin until the developer provides the purchaser with developer�s address for cancellation purposes.

�� (3) A notice of cancellation given by a purchaser need not take a particular form and is sufficient if it indicates in writing the purchaser�s intent not to be bound by the contract or evidence of indebtedness.

�� (4) Notice of cancellation, if given by mail, shall be given by certified mail, return receipt requested, and is effective on the date that the notice is deposited with the United States Postal Service, properly addressed and postage prepaid.

�� (5) Upon receipt of a timely notice of cancellation, the developer shall immediately return any payment received from the purchaser. If the payment was made by check, the developer shall not be required to return the payment to the purchaser until the check is finally paid as provided in ORS 74.2130. Upon return of all payments the purchaser shall immediately transfer any rights the purchaser may have acquired in the timeshare to the developer, not subject to any encumbrance created or suffered by the purchaser. In the case of cancellation by a purchaser of any evidence of indebtedness, the purchaser shall return the purchaser�s copy of the executed evidence of indebtedness to the developer, and the developer shall cancel the evidence of indebtedness. Any encumbrance against the purchaser�s interest in the timeshare arising by operation of law from an obligation of the purchaser existing before transfer of the interest to the purchaser shall be extinguished by the reconveyance.

�� (6) No act of a purchaser shall be effective to waive the right of cancellation granted by subsection (1) of this section. After the expiration of the five-day cancellation period, a developer may require a purchaser to execute and deliver to the developer a signed statement disclaiming any notice of cancellation timely and properly made by the purchaser before the five-day cancellation period expired under subsection (1) of this section, that has not been received by the developer. A disclaimer statement executed by the purchaser shall rescind the notice of cancellation. [1983 c.530 �26]

�� 94.839 Notice of cancellation right. (1) The first written agreement for the sale of a timeshare to a purchaser signed by the purchaser shall contain, either upon the first page of the agreement or on a separate sheet attached to the first page, the following notice in at least 8-point type:

NOTICE TO PURCHASER

�� BY SIGNING THIS AGREEMENT YOU ARE INCURRING A CONTRACTUAL OBLIGATION TO PURCHASE A TIMESHARE. HOWEVER, YOU HAVE FIVE CALENDAR DAYS AFTER SIGNING THIS AGREEMENT TO CANCEL THE AGREEMENT BY WRITTEN NOTICE TO THE DEVELOPER OR THE DEVELOPER�S AGENT AT THE FOLLOWING ADDRESS:

�� BEFORE EXECUTING THIS AGREEMENT, OR BEFORE THE FIVE-DAY CANCELLATION PERIOD ENDS, YOU SHOULD CAREFULLY EXAMINE THE PUBLIC REPORT ON THE TIMESHARE PLAN AND ANY ACCOMPANYING INFORMATION DELIVERED BY THE DEVELOPER.

�� (2) A copy of the notice set forth in subsection (1) of this section shall be given to each purchaser under an agreement described in subsection (1) of this section at the time or immediately after the purchaser signs the agreement. [1983 c.530 �27]

�� 94.840 [Repealed by 1971 c.478 �1]

�� 94.841 Waiver of rights void. Any condition, stipulation or provision in a sales agreement, lease or other legal document, that binds a purchaser to waive legal rights granted to the purchaser under ORS 94.803 and 94.807 to 94.945 against the developer shall be considered to be contrary to public policy and void. [1983 c.530 �28]

�� 94.843 Limits on developer right to transfer. (1) A developer may not transfer the developer�s interest in accommodations or facilities of a timeshare plan unless the transferee, as to each owner whose interest is involved in the transfer, agrees to:

�� (a) Honor the right of each owner to occupy and use the accommodations and facilities;

�� (b) Honor the right of a purchaser to cancel a contract and receive an appropriate refund, as provided in ORS 94.836;

�� (c) Comply with ORS 94.803 and 94.807 to 94.945 as long as the transferee continues to sell the timeshare plan, or as long as the owner is entitled to occupy the accommodations or use the facilities; and

�� (d) Assume all of the developer�s obligations to the owners under the timeshare instrument.

�� (2) Within 30 days after the transfer of the developer�s interest, notice of the transfer shall be mailed to each owner.

�� (3) A person holding a blanket encumbrance on the property constituting timeshare property is not a transferee for purposes of this section, if the person has executed and recorded a nondisturbance agreement in accordance with ORS 94.885. [1983 c.530 �17]

�� 94.845 [Repealed by 1971 c.478 �1]

(Association of Owners; Management)

�� 94.846 Designation of managing entity; duties and powers of entity. (1) Before the closing of the first timeshare sale the developer shall designate a managing entity, which may be the developer, the owners� association, a trust, a management firm or an individual.

�� (2) The managing entity shall act as a fiduciary to each timeshare owner.

�� (3) The managing entity shall be responsible for:

�� (a) Managing and maintaining all accommodations and facilities of the timeshare plan.

�� (b) Collecting any assessment for common expenses.

�� (c) Providing each owner with an itemized annual budget including all receipts and expenditures.

�� (d) Maintaining all books and records concerning the timeshare plan on the timeshare property and making the books and records available for inspection by an owner.

�� (e) Making the books and records of the timeshare plan available for inspection by the Real Estate Agency.

�� (f) Scheduling occupancy of accommodations if each owner does not acquire a specific timeshare period so that each owner receives the use of the timeshare plan�s accommodations and facilities to which the owner is entitled.

�� (g) Performing all other duties necessary to maintain the accommodations or facilities as provided in any management contract or other agreement.

�� (h) Acting as agent for the owners for purposes of real property taxation, including collection and payment of real property taxes.

�� (i) Hiring and supervising an employee or agent to perform a function described in paragraphs (a) to (h) of this subsection.

�� (4) After giving the managing entity reasonable notice, a timeshare owner may require the managing entity to provide the names and addresses of all other timeshare owners in the timeshare plan. The managing entity may require the payment of a reasonable fee for reproduction costs.

�� (5) Unless expressly prohibited by the timeshare instrument, the managing entity shall have the authority to execute, acknowledge, deliver and record on behalf of the timeshare owners, an easement, right of way, license and any other similar interest affecting the timeshare property if the interest is beneficial and not materially detrimental to the timeshare plan.

�� (6) The instrument granting an interest under subsection (5) of this section shall be executed by the managing entity and acknowledged in the manner provided for acknowledgment of deeds under ORS 93.410.

�� (7) For the purpose of transferring or otherwise disposing of all or any portion of the accommodations and facilities in the timeshare plan upon termination of the plan, the managing entity shall be the attorney-in-fact for each owner. Any transfer or disposition will be effective if the managing entity executes and acknowledges the written transfer instrument. [1983 c.530 �9; 1987 c.424 �5; 2003 c.14 �38]

�� 94.848 How managing entity of developer terminated. A timeshare instrument that provides for the developer or an agent selected by the developer to manage the timeshare property until an owners� association, a trust or the owners assume the role of managing entity shall include provisions for:

�� (1) Termination of developer management or developer selected management by the association, trust or owners;

�� (2) Termination of contracts for goods and services for the timeshare property entered into during the period the developer served as the managing entity;

�� (3) A regular accounting at least annually by the developer to the association, trust or owners as to all matters affecting the timeshare property; and

�� (4) Immediate termination of the developer as managing entity by the association, trust or owners and assumption of management functions by an association or trust in the case of abandonment or substantial breakdown of management services for the timeshare plan. [1983 c.530 �10]

�� 94.850 [Repealed by 1971 c.478 �1]

�� 94.853 Payment of common expenses. (1) Until the closing of the first timeshare sale the developer shall pay all common expenses.

�� (2) After the closing of the first timeshare sale, the managing entity shall charge an annual assessment for the payment of common expenses based on the projected annual budget. The assessment shall be against:

�� (a) Each owner in the proportion specified in the timeshare instrument and the developer for the share allocated to all timeshare periods still owned by the developer at the time the assessment is made;

�� (b) As provided in paragraph (a) of this subsection, except that the developer shall also pay that portion of the total assessment not paid by any owner, if the developer guarantees payment of all common expenses of the timeshare plan under the provisions of the timeshare instrument; or

�� (c) The developer for the total assessment if the developer agrees to pay all common expenses of the timeshare plan under the provisions of the timeshare instrument.

�� (3) Unless otherwise specified in the timeshare instrument, past due assessments shall bear interest at the legal rate. [1983 c.530 �11; 2003 c.14 �39]

�� 94.855 [Repealed by 1971 c.478 �1]

�� 94.856 Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception. (1) Whenever a managing entity levies an assessment for common expenses against a timeshare estate, the managing entity, upon complying with subsection (2) of this section, shall have a lien upon the timeshare estate for the reasonable value of the expenses, for any unpaid assessment and interest as provided in subsection (2)(b) of this section and for any late charges, fines and costs of collection, including but not limited to attorney fees and court costs. The lien shall be prior to any other lien or encumbrance upon the timeshare estate except:

�� (a) Blanket encumbrances of record;

�� (b) Tax and assessment liens; and

�� (c) A purchase money mortgage of record, a purchase money trust deed of record or a purchase agreement of record.

�� (2)(a) A managing entity claiming a lien under subsection (1) of this section shall record in the county in which the timeshare estate or some part thereof is located a claim containing:

�� (A) A true statement of the account due for common expenses after deducting all just credits and offsets;

�� (B) The name of the owner of the timeshare estate, or reputed owner, if known; and

�� (C) The designation of the timeshare estate, sufficient for identification.

�� (b) If a claim is filed and recorded under this section and the owner of the timeshare estate subject to the claim thereafter fails to pay any assessment chargeable to the timeshare estate, then so long as the original or any subsequent unpaid assessment remains unpaid the claim shall automatically accumulate the subsequent unpaid assessment and interest thereon without the necessity of further filings under this section.

�� (3) The claim shall be verified by the oath of a person having knowledge of the facts and shall be filed with and recorded by the recording officer in the book kept for the purpose of recording liens filed under ORS 87.035. The record shall be indexed in the same manner that a deed or other conveyance is required by ORS

ORS 97.130

97.130 (2) and (11) and except as restricted or otherwise provided by the will of the decedent, a document of anatomical gift under ORS 97.965 or by court order, a personal representative, acting reasonably for the benefit of interested persons, is authorized to:

�� (1) Direct and authorize disposition of the remains of the decedent pursuant to ORS 97.130 and incur expenses for the funeral in a manner suitable to the condition in life of the decedent. Only those funeral expenses necessary for a plain and decent funeral may be paid from the estate if the assets are insufficient to pay the claims of the Department of Human Services and the Oregon Health Authority for the net amount of public assistance, as defined in ORS 411.010, or medical assistance, as defined in ORS 414.025, paid to or for the decedent and for care and maintenance of any decedent who was at a state institution to the extent provided in ORS 179.610 to 179.770.

�� (2) Retain assets owned by the decedent pending distribution or liquidation.

�� (3) Receive assets from fiduciaries or other sources.

�� (4) Complete, compromise or refuse performance of contracts of the decedent that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease real property, the personal representative, among other courses of action, may:

�� (a) Execute and deliver a deed upon satisfaction of any sum remaining unpaid or upon receipt of the note of the purchaser adequately secured; or

�� (b) Deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement.

�� (5) Satisfy written pledges of the decedent for contributions, whether or not the pledges constituted binding obligations of the decedent or were properly presented as claims.

�� (6) Deposit funds not needed to meet currently payable debts and expenses, and not immediately distributable, in bank or savings and loan association accounts, or invest the funds in bank or savings and loan association certificates of deposit, or federally regulated money-market funds and short-term investment funds suitable for investment by trustees under ORS 130.750 to 130.775, or short-term United States Government obligations.

�� (7) Abandon burdensome property when it is valueless, or is so encumbered or is in a condition that it is of no benefit to the estate.

�� (8) Vote stocks or other securities in person or by general or limited proxy.

�� (9) Pay calls, assessments and other sums chargeable or accruing against or on account of securities.

�� (10) Sell or exercise stock subscription or conversion rights.

�� (11) Consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.

�� (12) Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate, but the personal representative is liable for any act of the nominee in connection with the security so held.

�� (13) Insure the assets of the estate against damage and loss, and insure the personal representative against liability to third persons.

�� (14) Advance or borrow money with or without security.

�� (15) Compromise, extend, renew or otherwise modify an obligation owing to the estate. A personal representative who holds a mortgage, pledge, lien or other security interest may accept a conveyance or transfer of the encumbered asset in lieu of foreclosure in full or partial satisfaction of the indebtedness.

�� (16) Accept other real property in part payment of the purchase price of real property sold by the personal representative.

�� (17) Pay taxes, assessments and expenses incident to the administration of the estate.

�� (18) Employ qualified persons, including attorneys, accountants and investment advisers, to advise and assist the personal representative and to perform acts of administration, whether or not discretionary, on behalf of the personal representative.

�� (19) Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of duties as personal representative.

�� (20) Prosecute claims of the decedent including those for personal injury or wrongful death.

�� (21) Continue any business or venture in which the decedent was engaged at the time of death to preserve the value of the business or venture.

�� (22) Incorporate or otherwise change the business form of any business or venture in which the decedent was engaged at the time of death.

�� (23) Discontinue and wind up any business or venture in which the decedent was engaged at the time of death.

�� (24) Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate.

�� (25) Satisfy and settle claims and distribute the estate as provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117.

�� (26) Perform all other acts required or permitted by law or by the will of the decedent. [1969 c.591 �127; 1969 c.597 �278; 1977 c.211 �1; 1981 c.278 �1; 1995 c.157 �16; 1997 c.472 �10; 2001 c.900 �17; 2005 c.348 �126; 2007 c.681 �25; 2011 c.164 �4; 2011 c.720 �59; 2013 c.688 �16; 2016 c.42 �22; 2019 c.83 �2]

�� 114.310 [Repealed by 1969 c.591 �305]

�� 114.315 Right to perfect lien or security interest. A personal representative has the same rights to perfect a lien or security interest as the decedent would have had if the decedent were living. [1969 c.591 �128]

�� 114.320 [Repealed by 1969 c.591 �305]

�� 114.325 Power to sell, mortgage, lease and deal with property. (1) Except as provided in subsection (2) of this section, and subject to ORS 113.105, a personal representative has power to sell, mortgage, lease or otherwise deal with property of the estate without notice, hearing or court order.

�� (2) Exercise of the power of sale by the personal representative is improper, except after notice, hearing and order of the court, if:

�� (a) The sale is in contravention of the provisions of the will; or

�� (b) The property is specifically devised and the will does not authorize its sale.

�� (3) Notwithstanding ORS chapters 270, 273 and 274, an estate administrator of the State Treasurer appointed under ORS 113.235 or the Director of Human Services or Director of the Oregon Health Authority serving as a personal representative may deal with property of the estate as a personal representative under this section. [1969 c.591 �129; 2017 c.169 �25; 2019 c.678 �39]

�� 114.330 [Repealed by 1969 c.591 �305]

�� 114.333 Transfer of title and interest to real property by foreign personal representative. Upon performance of a recorded contract of sale of real property the foreign personal representative of a deceased vendor whose estate is being administered in a foreign jurisdiction may convey the title and interest of the vendor in the property to the vendee or the assignee of the vendee upon recording in the deed records of the county where the property is located a certified copy of letters testamentary or of administration. The certificate shall include a statement that the letters are in effect. [1973 c.506 �28]

�� 114.335 Court order for sale, mortgage or lease. Upon proof satisfactory to the court by an interested person that a sale, mortgage or lease of property of the estate is required for paying support of spouse and children, elective share of surviving spouse, claims or expenses of administration, or for distribution, and that the personal representative has failed or declined to act, the court may order the personal representative to make the sale, mortgage or lease. [1969 c.591 �130]

�� 114.340 [Repealed by 1969 c.591 �305]

�� 114.345 Title conveyed free of claims of creditors. Property sold, mortgaged or leased by a personal representative is subject to liens and encumbrances against the decedent or the estate of the decedent, but is not subject to rights of creditors of the decedent or liens or encumbrances against the heirs or devisees of the decedent. The filing and allowance of a claim in an estate proceeding does not make the claimant a secured creditor. [1969 c.591 �131]

�� 114.350 [Repealed by 1963 c.287 �1]

�� 114.355 Sale or encumbrance to personal representative voidable; exceptions. (1) Any sale or encumbrance to the personal representative, the spouse, agent or attorney of the personal representative, or any corporation or trust in which the personal representative has more than a one-third beneficial interest, is voidable unless:

�� (a) The transaction was consented to by all interested persons affected thereby; or

�� (b) The will expressly authorizes the transaction by the personal representative; or

�� (c) The transaction was made in compliance with another statute or with a contract or other instrument executed by the decedent.

�� (2) The title of a purchaser for value without notice of the circumstances of the transaction with the personal representative is not affected unless the purchaser should have known of the defect in the title of the seller. [1969 c.591 �132]

�� 114.360 [Repealed by 1963 c.287 �1]

�� 114.365 Validation of certain sales. The following are the subject of validating Acts:

�� (1) Certain sales of decedent�s real property made prior to 1903 where confirmation of sale was premature, validated by page 133, section 2, General Laws of Oregon 1903.

�� (2) Certain sales of decedent�s property made prior to 1907 under power in will, validated by chapter 175, General Laws of Oregon 1907.

�� (3) Certain sales of decedent�s real property made prior to 1917 where publication of the notice of sale was improper, validated by section 2, chapter 114, General Laws of Oregon 1917.

�� (4) Certain sales by executors or administrators made prior to 1943, validated by chapter 26, Oregon Laws 1943. [Formerly 116.835]

�� 114.370 [Repealed by 1963 c.287 �1]

�� 114.375 Nonliability of transfer agents. A transfer agent or a corporation transferring its own securities incurs no liability to any person by making a transfer of securities of an estate as requested or directed by a personal representative. [1969 c.591 �134]

�� 114.385 Persons dealing with personal representative; protection. A person dealing with or assisting a personal representative without actual knowledge that the personal representative is improperly exercising the power of the personal representative is protected as if the personal representative properly exercised the power. The person is not bound to inquire whether the personal representative is properly exercising the power of the personal representative, and is not bound to inquire concerning the provisions of any will or any order of court that may affect the propriety of the acts of the personal representative. No provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge of the provision or order. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection expressed in this section extends to a person dealing with or assisting a personal representative appointed under ORS 113.085 without actual knowledge that the personal representative was not qualified as provided in ORS 113.095 or that the appointment of the personal representative involved procedural irregularity. [1969 c.591 �135; 2017 c.169 �52]

�� 114.395 Improper exercise of power; breach of fiduciary duty. If the exercise of power by a personal representative in the administration of an estate is improper, the personal representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. Exercise of power in violation of a court order is a breach of duty. Exercise of power contrary to the provisions of the will may be a breach of duty. [1969 c.591 �136]

�� 114.405 Personal liability of personal representative. (1) The personal liability of a personal representative to third parties, as distinguished from fiduciary accountability to the estate, arising from the administration of the estate is that of an agent for a disclosed principal.

�� (2) A personal representative is not personally liable on contracts properly entered into in the fiduciary capacity in the course of administration of the estate unless the personal representative expressly agrees to be personally liable.

�� (3) A personal representative is not personally liable for obligations arising from possession or control of property of the estate or for torts committed in the course of administration of the estate unless the personal representative is personally at fault.

�� (4) Claims based upon contracts, obligations and torts of the types described in subsections (2) and (3) of this section may be allowed against the estate whether or not the personal representative is personally liable therefor. [1969 c.591 �137]

�� 114.410 [Repealed by 1969 c.591 �305]

�� 114.415 Copersonal representatives; when joint action required. (1) When two or more persons are appointed copersonal representatives, the concurrence of all is required for all acts connected with the administration and distribution of the estate, except:

�� (a) Any copersonal representative may receive and receipt for property due the estate.

�� (b) When the concurrence of all cannot readily be obtained in the time reasonably available for emergency action.

�� (c) Where any others have delegated their power to act.

�� (d) Where the will provides otherwise.

�� (e) Where the court otherwise directs.

�� (2) Persons dealing with a copersonal representative who are actually unaware that another has been appointed to serve with the person are as fully protected as if the person with whom they dealt had been the sole personal representative. [1969 c.591 �138]

�� 114.420 [Repealed by 1969 c.591 �305]

�� 114.425 Discovery of property, writings and information. (1) The court may order any person to appear and give testimony by deposition if it appears probable that the person:

�� (a) Has concealed, secreted or disposed of any property of the estate of a decedent;

�� (b) Has been entrusted with property of the estate of a decedent and fails to account therefor to the personal representative;

�� (c) Has concealed, secreted or disposed of any writing, instrument or document pertaining to the estate;

�� (d) Has knowledge or information that is necessary to the administration of the estate; or

�� (e) As an officer or agent of a corporation, has refused to allow examination of the books and records of the corporation that the decedent had the right to examine.

�� (2) If a person cited as provided in subsection (1) of this section fails to appear or to answer questions asked as authorized by the order of the court, the person is in contempt and may be punished as for other contempts. [1969 c.591 �139; 1979 c.284 �106]

�� 114.430 [Repealed by 1969 c.591 �305]

�� 114.435 Power to avoid transfers. The property liable for the payment of expenses of administration, funeral expenses, claims and taxes shall include property transferred by the decedent with intent to defraud the creditors of the decedent or transferred by any means which is in law void or voidable as against the creditors of the decedent. The right to recover that property so far as necessary for the payment of those expenses, claims and taxes is in the personal representative, who shall take necessary steps to recover it. That property constitutes general assets for the payment of creditors. [1969 c.591 �140]

�� 114.440 [Repealed by 1969 c.591 �305]

WRONGFUL DEATH CLAIMS AND ESTATES WITH PERSONAL INJURY CLAIMS

(Generally)

�� 114.441 Definitions for ORS 114.441 to 114.462. As used in ORS 114.441 to 114.462:

�� (1) �Beneficiary� means a person for whose benefit an action against a wrongdoer may be brought under ORS 30.020.

�� (2) �Interested person� has the meaning given that term in ORS 111.005.

�� (3) �Personal injury claim� means a cause of action arising out of injuries to a decedent, caused by the wrongful act or omission of another, that do not result in the death of the decedent.

�� (4) �Wrongful death claim� means a cause of action arising out of injuries to a decedent, caused by the wrongful act or omission of another, that result in the death of the decedent. [2019 c.166 �1]

�� Note: 114.441 to 114.462 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 114 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 114.444 Application. Except as specifically provided in ORS 114.441 to 114.462, ORS 30.010 to 30.100 and 119.006 to 119.081 and ORS chapters 111, 112, 113, 114, 115, 116, 117 and 118 apply to wrongful death claims and estates with personal injury claims. [2019 c.166 �2]

�� Note: See note under 114.441.

(Court Approval of Settlement)

�� 114.447 Court approval of settlement of personal injury claim or wrongful death claim. (1) The parties to a personal injury claim or a wrongful death claim may enter into a settlement agreement, subject to the approval of the probate court, whether or not an action asserting the personal injury claim or the wrongful death claim has been commenced. The personal representative shall petition the probate court for approval of the proposed settlement. The petition need not state the amount of the proposed settlement.

�� (2) A petition to approve a settlement under this section must be accompanied by a declaration under penalty of perjury of the attorney for the personal representative in the personal injury claim or the wrongful death claim:

�� (a) Stating whether the claim being settled is a personal injury claim or a wrongful death claim;

�� (b) Describing the incident causing the injury or death;

�� (c) Describing the injuries;

�� (d) Stating the amount of the claim;

�� (e) Stating the amount of the settlement;

�� (f) Stating the amount of attorney fees and costs;

�� (g) Stating the amount of payments or reimbursements owed under ORS 30.030 (3) and, in the case of a personal injury claim, under ORS 416.540;

�� (h) Stating the amount of any personal representative fee attributable to a wrongful death claim;

�� (i) Stating the reasons for the settlement and the efforts to maximize recovery;

�� (j) Stating that the attorney has examined the applicable medical records; and

�� (k) Explaining why it is appropriate to settle the case. [2019 c.166 �3]

�� Note: See note under 114.441.

(Probate of Estate With Personal Injury Claim as Only Asset)

�� 114.450 Deferral of requirements. If the only asset of an estate is a personal injury cause of action that has not been adjudicated or settled, the court shall:

�� (1) Defer bond requirements until a settlement of the personal injury claim is approved under ORS 114.447; and

�� (2) Accept an annual report on the status of the personal injury claim in lieu of the annual account required under ORS 116.083. [2019 c.166 �4]

�� Note: See note under 114.441.

(Probate for Sole Purpose of Pursuing Wrongful Death Claim)

�� 114.453 Petition for appointment of personal representative. Any beneficiary, any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative for the sole purpose of pursuing a claim for the wrongful death of the decedent. Except as provided in ORS 114.459, a personal representative appointed under this section has all the duties of a personal representative under ORS 119.006 to 119.081 and ORS chapters 113, 114, 115, 116, 117 and 118. In addition to the information required under ORS 113.035, a petition filed under this section must include the following information, so far as known:

�� (1) A statement that the petitioner is filing the petition for the sole purpose of pursuing a wrongful death claim;

�� (2) The names, relationship to the decedent and post-office addresses of beneficiaries, and the ages of any beneficiaries who are minors; and

�� (3) A statement that reasonable efforts have been made to identify and locate all beneficiaries. If the petitioner knows of any actual or possible omissions from the list of beneficiaries, the petition must include a statement indicating that there are omissions from the information relating to beneficiaries. [2019 c.166 �5]

�� Note: See note under 114.441.

�� 114.456 Information to beneficiaries and Department of Human Services and Oregon Health Authority. (1) A personal representative appointed under ORS 114.453 shall deliver or mail to the beneficiaries at their last-known address information that must include:

�� (a) The title of the court in which the estate proceeding is pending and the case number;

�� (b) The name of the decedent and the place and date of the death of the decedent;

�� (c) The name and address of the personal representative, the attorney representing the personal representative in the wrongful death action and the attorney representing the personal representative in the probate proceeding;

�� (d) The date of the appointment of the personal representative; and

�� (e) A statement advising the beneficiaries that the rights of the beneficiaries may be affected by the proceeding and that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative.

�� (2) If the personal representative is a beneficiary named in the petition, the personal representative is not required to deliver or mail the information under this section to the personal representative.

�� (3) Within 30 days after the date of appointment the personal representative shall cause to be filed in the estate proceeding proof of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225. The proof must include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.

�� (4) If before the filing of the motion to close the estate under ORS 114.462 the personal representative has actual knowledge that the petition did not include the name and address of any beneficiary, the personal representative shall:

�� (a) Make reasonable efforts under the circumstances to ascertain the names and addresses of the beneficiaries that were not included;

�� (b) Promptly deliver or mail information specified in subsection (1) of this section to each beneficiary located after the filing of the petition and before the filing of the motion to close the estate under ORS 114.462 and to the State Treasurer; and

�� (c) File in the estate proceeding, on or before filing the motion to close the estate under ORS

ORS 97.990

97.990 is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, and is deemed to be in respect for the dead, and is a provision for the interment of human remains and is a duty to, and for the benefit of, the general public.

�� 97.360 Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots. (1) Any part or subdivision of the property so mapped and platted may, by order of the directors and consent of the lot owners, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb any interred remains.

�� (2) Whenever a majority of the lots as platted or laid out in any cemetery established before March 3, 1927, or any part thereof, has been sold without the owners or persons in control of the cemetery having made provision for the establishment of an adequate endowment fund for the perpetual maintenance, upkeep and beautification of the cemetery and of the lots therein, the avenues, streets, alleys, walks, driveways and parks therein may be vacated or altered and replatted into lots which may be sold for burial purposes in the manner provided in this subsection and in ORS 97.370 to 97.430. Application for the vacation or alteration of any avenues, streets, alleys, walks, driveways or parks, and for the replatting of the same, or any portion thereof, for cemetery lots in any such cemetery shall be made to the county court or board of county commissioners in the county where the cemetery is situated. The application may be by the owners or persons in control of the cemetery or by a group of 20 or more persons owning lots or having relatives buried therein. The application shall be verified and shall specify the lots owned by each petitioner in which are buried bodies of relatives in which the petitioner is interested and shall state the reason for the proposed change and what provisions have theretofore been made for the perpetual upkeep, maintenance and beautification of the cemetery, and there shall be presented therewith a plat of the cemetery, together with the proposed replat, which shall have clearly indicated thereon the proposed changes.

�� 97.370 Fixing date of hearing; notice. When any application mentioned in ORS 97.360 (2) is filed, the court or board shall fix the time for the hearing of it and notice of the time thereof shall be given by publication in a paper of general circulation published in the town in which the cemetery is situated or in the town to which it is nearest once a week for a period of six successive weeks prior to the date of the hearing and a copy of such notice shall be posted for a like period at three public and conspicuous places in the cemetery. Such notice shall be addressed to all persons owning lots or having an interest in the cemetery, but need not name them, and shall set forth in a general way the proposed changes, the reason stated in the application for making it, the time when the hearing of the application will be had, and shall state that a plat showing the proposed changes is on file with the county clerk of the county in which the cemetery is situated.

�� 97.380 Hearing; order allowing replatting. At the hearing mentioned in ORS 97.370 the court or board shall consider and hear any evidence introduced in favor of the proposed change and all objections thereto and, after a full hearing thereon, may allow the proposed change and replat in whole or in part. If the proposed change is allowed, either in whole or in part, an order allowing it shall be made providing that title to any new lot created by the alteration or vacation of any avenues, streets, alleys, driveways, walks or parks, or any part thereof, shall be vested in the owner of the fee of the part of the cemetery sought to be vacated in trust for burial purposes, or vested in any association which may be formed for the purpose of taking over the cemetery and operating and maintaining it in accordance with the provisions of ORS 97.400. [Amended by 1985 c.582 �4; 1999 c.381 �2]

�� 97.390 Assessment of benefits and damages. If any damages are claimed by the owner of any lot in any such cemetery as is mentioned in ORS 97.360 (2), which lot is adjacent to the avenues, streets, alleys, driveways or parks vacated as provided in ORS 97.380, they shall be ascertained by the county court or board of county commissioners and offset against the benefits accruing to the lot owner on account of the upkeep and beautification of the cemetery in the manner provided in ORS 97.400. Any person feeling aggrieved at the amount of damages so assessed by the board may appeal from such order of allowance to the circuit court of the county in which the cemetery is situated in the same manner as is provided by statute for appeal from the assessment of damages by the exercise of eminent domain in locating a county road and on such appeal the jury, in assessing the amount of damages to be allowed to the appellant, shall offset against such damages the benefits accruing to the appellant as in this section above provided.

�� 97.400 Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties. Any owner or association accepting the trust of handling and disposing of lots newly created pursuant to ORS 97.380 shall by the acceptance thereof agree to dispose of the lots only for burial purposes and at a price not less than that fixed by the county court or board of county commissioners. The net funds derived from the sale of the lots remaining after the payment of the reasonable expenses incident to the vacation and of the sale shall be placed in an irreducible and perpetual fund and the interest therefrom shall be used for the perpetual upkeep and beautification of the cemetery and the lots therein situated. The fund shall be placed in some reliable trust company specified by the court or board, which trust company shall invest the same and pay the income therefrom to the owner or association charged with the disposal of such lots. Any owner or association taking over the sale of the lots shall comply with such provisions as the court or board may require of it in the upkeep, beautification and care of the cemetery with the income thereof, and if such owner or association for any reason fails to perform such duties, the court or board may, on its own motion, from time to time, appoint some other association or individual to perform them. The restrictions of this section shall not apply to the sale of lots obtained by replatting cemeteries owned and maintained by any county.

�� 97.410 Right of adjacent lot owner upon vacation of way. The vacation of an avenue, street, alley, driveway, walk or park adjacent to a cemetery lot shall vest in the owner of such lot no interest in the vacated portion thereof; but the adjacent owner shall, for 30 days after the date of such an order of vacation, have the right to purchase any new lot adjacent to the lot of the owner at the price fixed by the court or board at which the lots are to be sold, and if there is more than one adjacent lot owner, the new lot shall be sold to the one offering the highest price therefor.

�� 97.420 Effect of failure to object. Any owner of such cemetery as is mentioned in ORS 97.360 (2), or of any lot therein, or any relative or heir of any deceased person buried in such cemetery who fails to appear and file written objection to any proposed replat, alteration or vacation, authorized by ORS 97.360 (2), shall be deemed to have consented to the proposed change and shall be forever barred from claiming any right to use and have open for traffic or passageway any streets, alleys, driveways or parks vacated, or any right, title or interest therein, except as provided in ORS 97.360 (2) and 97.370 to 97.410.

�� 97.430 Declaration of exercise of police power and right of eminent domain. The enactment of ORS 97.360 (2) and 97.370 to 97.430 is hereby declared to be a necessary exercise of the police powers of the state in order to preserve and keep existing cemeteries as resting places for the dead and to preserve old and historic cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are located. The taking of avenues, streets, alleys, walks, driveways and parks for the purpose and by the method specified in ORS 97.360 (2) and 97.370 to 97.420 is hereby declared an exercise of the right of eminent domain in behalf of the public health, safety, comfort, pleasure and historic instruction.

�� 97.440 Removal of dedication. (1) Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes until the dedication is removed from all or any part of it by an order and decree of the county court or board of county commissioners of the county in which the property is situated in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court that:

�� (a) The portion of the property from which dedication is sought to be removed is not being used for interment of human remains; or

�� (b) The Oregon Commission on Historic Cemeteries has received notice of and had the opportunity to comment on the removal from the dedicated property of all human remains and markers dated prior to February 14, 1909.

�� (2) The notice of hearing required by this section must:

�� (a) Be given by publication once a week for at least four consecutive weeks in a newspaper of general circulation in the county where the cemetery is located and by publication twice in a newspaper with statewide circulation;

�� (b) Be posted in three conspicuous places on that portion of the property from which the dedication is to be removed;

�� (c) Describe the portion of the cemetery property sought to be removed from dedication;

�� (d) State that all remains and markers have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication; and

�� (e) Specify the time and place of the hearing. [Amended by 2003 c.237 �1]

�� 97.445 Vacating county interest in cemetery real property. Consistent with the provisions of ORS 368.326 to 368.366, a county may vacate any real property interests the county may own in a cemetery. Consistent with ORS 368.366 (2), the county may vacate its real property interests in favor of a private nonprofit organization provided the organization states its intent to provide for the continuing maintenance and care of the cemetery and associated facilities. [1997 c.747 �2]

�� 97.450 Discontinuance of cemetery and removal of remains and markers. (1)(a) Whenever any cemetery that is within the limits of any county, city or town has been abandoned, or it is desirable to abandon such cemetery, the governing body of any county, if the cemetery is owned by the county, or the corporate authorities of the city or town, if the cemetery is owned by the city or town, or the trustees or directors, if the cemetery is owned by an association or corporation, may order that such burial ground be discontinued, have the remains of all persons interred in the cemetery moved to some other suitable place and provide for the removal and reerection of all stones and monuments marking said graves. Each removal must be made in an appropriate manner and in accordance with the directions of the Director of the Oregon Health Authority. Prior to any removal authorized under this section, written notice must be given to the family, or next of kin of the deceased, if known, and if unknown, notice of the removal shall be published for at least four successive weeks in a newspaper of general circulation in the county in which the cemetery is located and twice in a newspaper with statewide circulation.

�� (b) Any removal and the costs of the proceedings under this section shall be at the expense of the county, city or town, individual, corporation or association owning the cemetery to be moved.

�� (2) Notwithstanding subsection (1)(a) of this section, a cemetery or burial ground containing human remains that were interred before February 14, 1909, may not be discontinued or declared abandoned or have remains removed from the burial ground or cemetery without prior notice to and comment by the Oregon Commission on Historic Cemeteries. When commenting on a request to discontinue or declare abandoned a cemetery or burial ground, the commission shall consider:

�� (a) The listing of the cemetery or burial ground under ORS 97.782;

�� (b) The historic significance of the cemetery or graves included in the request; and

�� (c) The findings of any archaeological survey of the cemetery or burial ground. [Amended by 1955 c.472 �1; 2003 c.237 �2; 2009 c.595 �63]

�� 97.460 Requirements for establishment of cemetery or burial park. (1) A person may not lay out, open up or use any property for cemetery or burial park purposes unless the person:

�� (a) Is the owner of the property;

�� (b) Has the written consent of the planning commission of the county or city having jurisdiction under ORS 92.042 or, if there is no such commission in such county or city, the governing body of such county or city;

�� (c) Agrees to maintain records of the disposition of human remains on the property as required by the planning commission or governing body of the county or city having jurisdiction under ORS 92.042; and

�� (d) Agrees to disclose the disposition of human remains upon sale of the property. Failure to disclose the disposition of human remains does not invalidate the sale of the property.

�� (2) A planning commission of a county or city or, if there is no planning commission in a county or city, the governing body of the county or city, shall provide to the State Mortuary and Cemetery Board a list of the requirements for laying out, opening up or using property in the county or city for cemetery or burial park purposes. [Formerly 64.060; 1965 c.396 �3; 2009 c.709 �9]

SALES AND RIGHTS IN RESPECT OF CEMETERY PLOTS

�� 97.510 Sale and conveyance of plots by cemetery authority. (1) After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules and regulations as may be then in effect and subject to such other and further limitations, conditions and restrictions made a part of the declaration of dedication by reference or included in the instrument of conveyance of the plot.

�� (2) Scattering of cremated or reduced remains in a scattering garden is not a sale or conveyance. [Amended by 2007 c.661 �3; 2021 c.296 �11]

�� 97.520 Sale or offer to sell cemetery plot upon promise of resale at financial profit. A person, firm or corporation may not sell or offer to sell a cemetery plot upon the promise, representation or inducement of resale at a financial profit, except with the consent and approval of the Director of the Department of Consumer and Business Services. Each violation of this section constitutes a separate offense. [Amended by 1989 c.171 �13; 2007 c.661 �4]

�� 97.530 Commission, bonus or rebate for sale of plot or services. No cemetery authority shall pay or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, a commission, bonus, rebate or other thing of value for the sale of a plot or services. This does not apply to a person regularly employed by the cemetery authority for such purpose. Each violation of this section constitutes a separate offense.

�� 97.540 Commission, bonus or rebate for recommendation of cemetery. No person shall pay, cause to be paid or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, except as provided in ORS 97.530, any commission, bonus, rebate or other thing of value in consideration of recommending or causing a dead human body to be disposed of in any cemetery. Each violation of this section constitutes a separate offense.

�� 97.550 Plots are indivisible. All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the consent of the cemetery authority, or as provided by law.

�� 97.560 Presumption of sole ownership in grantee of plot. All plots conveyed to individuals are presumed to be solely and separately owned by the person named in the instrument of conveyance.

�� 97.570 Spouse has vested right of interment. (1) The spouse of an owner of any plot containing more than one interment space has a vested right of interment of the remains of the spouse in the plot, and any person thereafter becoming the spouse of the owner has a vested right of interment of the remains of the person in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner.

�� (2) The purchase by a married person of more than one interment space shall create in the spouse a right of interment therein.

�� 97.580 Divestiture of spouse�s right of interment. No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of the vested right of interment, except that a judgment of divorce between them terminates the right unless otherwise provided in the judgment. [Amended by 2003 c.576 �357]

�� 97.590 Transfer of plot or right of interment. No transfer of any plot, heretofore or hereafter made, or any right of interment is complete or effective until recorded on the books of the cemetery authority.

�� 97.600 Descent of plot. Upon the death of the owner, unless the owner has disposed of the plot either by specific direction in the will of the owner or by a written declaration filed and recorded in the office of the cemetery authority, if no interment has been made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner or if all remains previously interred are lawfully removed, the plot descends to the heirs at law of the owner, subject to the rights of interment of the decedent and the surviving spouse of the decedent.

�� 97.610 Determining occupant of burial plot having co-owners. When there are two or more owners of a burial plot or of rights of interment therein, such owners may designate one or more persons to designate the burials to be made in the plot and file written notice of such designation with the cemetery association. In the absence of such notice or of written objection to its so doing, the cemetery association is not liable to any owner for interring or permitting an interment therein upon the request or direction of any registered co-owner of the plot.

�� 97.620 Death of co-owner; authorization to use plot under directions of surviving owners. An affidavit by any person having knowledge of the fact, setting forth the fact of the death of one owner and establishing the identity of the surviving owners named in the deed to any plot, when filed with the cemetery authority operating the cemetery in which the plot is located, is authorization to the cemetery authority to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving owners or their successors in interest.

�� 97.630 Family plots; order of occupation. (1) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner, or of the remains of the record owner, is made in a plot transferred by deed or certificate of ownership to an individual owner, and the owner dies without making disposition of the plot, either by direction in the owner�s will, or by a written declaration filed and recorded in the office of the cemetery authority, the plot thereby becomes inalienable and shall be held as the family plot of the owner, and occupied in the following order:

�� (a) One grave, niche or crypt may be used for the owner�s interment; one for the owner�s surviving spouse, if there is one, who by ORS 97.010 to 97.040, 97.110 to

ORS 98.392

98.392 and 98.396.

�� (3)(a) If the estate of a deceased former owner will not be probated, the State Treasurer shall allow a claim to be made by the heirs, devisees or a person named as a personal representative in the deceased former owner�s will or an estate administrator appointed by the State Treasurer.

�� (b) A claim made under this subsection must include:

�� (A) A copy of the former owner�s death certificate;

�� (B) A copy of the former owner�s will, if any;

�� (C) A statement that the estate is not being probated and that a small estate affidavit is not being filed for the estate;

�� (D) The identity of each beneficiary of the claim;

�� (E) The proportion of the surplus distributable to each beneficiary; and

�� (F) Signatures of all beneficiaries of the claim acknowledging their participation in the claim.

�� (c) If there are multiple heirs, an heir who has occupied the property as a primary residence for more than one year is presumed to have authority to receive the surplus on behalf of all heirs, in the absence of a written agreement among heirs or objection by a nonresident heir.

�� (4) A claimant does not have any interest in a surplus during the period of redemption or any other time prior to the date on which the claim arises under subsection (1) of this section.

�� (5)(a) A person other than a claimant may claim the surplus based upon a valid lien against the property or a debt of the claimant.

�� (b) Any purported assignment of a claim to the surplus is void except for an assignment made for the protection of the interests of the claimant, including an assignment in a bankruptcy proceeding, power of attorney or custodianship or guardianship proceedings.

�� (6) Nothing in ORS 312.500 to 312.560 extinguishes any debt obligation of a former owner that is outstanding as of the date on which title to the property is conveyed to the county under ORS 312.270, other than the property tax amounts that were extinguished by the conveyance to the county. [2025 c.475 �9]

�� 312.550 Notice of surplus; surplus, description of property, names of claimants and claim process to be published on state and county websites. (1) Within 60 days after the date on which a claim for a surplus could arise under ORS 312.540, the county shall deliver notice of a surplus to:

�� (a) The claimant at the claimant�s last known address;

�� (b) The Estates Administration Program of the State Treasury;

�� (c) The Department of Revenue;

�� (d) The Department of Justice; and

�� (e) The municipality, if any, in which the property to which the surplus relates is located.

�� (2) Each notice shall include:

�� (a) At the top of the notice in capital letters, in at least 14-point type, the following language:

�� NOTICE: YOU ARE ENTITLED TO A REFUND OF MONEY HELD BY THE COUNTY. TO RECEIVE MORE INFORMATION AND ASSISTANCE, CONTACT THE OREGON STATE TREASURY AT (ADDRESS) (PHONE NUMBER). THERE ARE GOVERNMENT AGENCIES AND NONPROFIT ORGANIZATIONS THAT CAN GIVE YOU INFORMATION ABOUT FORECLOSURE AND HELP YOU DECIDE WHAT TO DO. FOR GENERAL INFORMATION AT NO COST TO YOU, CONTACT A CERTIFIED HOUSING COUNSELOR. YOU CAN FIND A HOUSING COUNSELOR NEAR YOU AT HTTPS://WWW.HUD.GOV/STATES/ OREGON#HOME OWNERSHIP. YOU MAY ALSO WANT TO TALK TO A LAWYER. YOU CAN REACH THE OREGON STATE BAR�S LAWYER REFERRAL SERVICE AT 800-452-7636 (TOLL-FREE IN OREGON) OR VISIT THE WEBSITE AT WWW.OSBAR.ORG. FREE LEGAL ASSISTANCE MAY ALSO BE AVAILABLE TO INDIVIDUALS WITH LOW INCOMES. FOR MORE INFORMATION AND A DIRECTORY OF LEGAL AID PROGRAMS, GO TO WWW.OREGONLAWHELP.ORG.

�� (b) The following information in clear and understandable terms:

�� (A) The amount of the surplus that the county has determined is owed to the claimant;

�� (B) An explanation of who may be a claimant;

�� (C) An explanation of the process by which a claimant may file a claim under ORS 312.540;

�� (D) The claimant�s right to seek a writ of review of the surplus from the county circuit court under ORS 34.010 to 34.100 and the deadline for filing for the writ; and

�� (E) A referral, in the five most commonly spoken languages in this state other than English listed by the Secretary of State pursuant to ORS 251.167, to the website of the Unclaimed Property program of the State Treasury at https://unclaimed.oregon.gov for a translation of the notice into those languages. The translated referral shall include the statement, �This is a notice about important rights related to your property.�

�� (3) Publication of an available surplus, a description of the property to which the surplus relates, the names of the claimants and information about the process by which a claimant may file a claim under ORS 312.540 shall be made available on the websites of the state and the county in which the property is located. [2025 c.475 �3]

�� 312.560 Surplus as unclaimed property; county to deliver surplus to State Treasurer; rules; no action for damages. (1) A surplus is unclaimed property under ORS 98.302 to 98.436.

�� (2)(a) Except as provided in paragraph (b) of this subsection, the governing body of the county shall file the report, and deliver the surplus, in the amount determined under ORS 312.530, to the State Treasurer for deposit, as provided in ORS 98.352.

�� (b) Notwithstanding ORS 98.352 (4), the governing body shall file the report and deliver the surplus within 30 days after the date on which the surplus is determined.

�� (3) The report shall include:

�� (a) The information required under ORS 98.352 (2); and

�� (b) An itemized accounting of all allowable costs charged against the property when determining the surplus under ORS 312.530 (4).

�� (4) The State Treasurer may adopt rules governing the reports required under this section.

�� (5)(a) Except as provided in paragraph (b) of this subsection, no person may maintain an action for damages incurred as a result of the performance of duties or exercise of authority under ORS 312.500 to 312.560 by the State Treasurer or the respective officers, employees or agents of the State Treasurer and the several counties.

�� (b) The immunity provided in paragraph (a) of this subsection does not apply to the liability of any person for damages resulting from gross negligence, fraud or abuse. [2025 c.475 �10]

�� Note: Section 13, chapter 475, Oregon Laws 2025, provides: Sec. 13. Applicability to new foreclosures. (1) Sections 3 to 6 and 8 to 10 of this 2025 Act [312.500 to 312.560] and the amendments to ORS 98.352, 279A.025, 312.040 and 312.125 by sections 1, 2, 7 and 11 of this 2025 Act apply to claims for which the claimant received notice under ORS 312.125 on or after May 25, 2023.

�� (2) For claims for a surplus that could arise under section 9 of this 2025 Act [312.540] with respect to which the claimant received notice under ORS 312.125 before the effective date of this 2025 Act [September 26, 2025], the notice of a surplus required under section 3 of this 2025 Act [312.550] shall be made within 60 days after the effective date of this 2025 Act. [2025 c.475 �13]

PENALTIES

�� 312.990 Penalties. The commission of waste on property described in ORS 312.180 by the former owner or anyone acting under the permission or control of the former owner is punishable, upon conviction, by a fine of not less than twice the value so wasted.

CHAPTER 313 [Reserved for expansion]

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)