Oregon Real Estate Licensing Law

Oregon Code · 265 sections

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

ORS 1.380

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ORS 100.115

100.115 and a certification of plat execution required under ORS 100.110 (4) on a form prescribed and furnished by the commissioner;

����� (d) A copy of a preliminary title report, title insurance policy or condominium guarantee that has been issued within the preceding 30 days, including a map showing the location of property described in the report, policy or guarantee, or other evidence of title satisfactory to the commissioner; and

����� (e) Unless previously submitted to the commissioner under this chapter, a copy of all restrictive covenants, reservations or other documents that may create an encumbrance on or limit the use of the property other than those restrictions contained in the declaration or bylaws.

����� (3) For approval of a supplemental declaration, the following must be submitted:

����� (a) The original executed supplemental declaration and a copy of the executed document;

����� (b) The documents specified in subsection (2)(c) and (d) of this section relating to a supplemental declaration; and

����� (c) Any documents described in subsection (2) of this section that were amended by the supplemental declaration or have otherwise changed since the documents were previously filed under this section.

����� (4) For approval of an amendment to a declaration, supplemental declaration or plat, a restated declaration or a restated assignment of limited common elements, the following must be submitted:

����� (a) The original executed amendment, the executed restated declaration or the restated assignment of limited common elements and a copy of the executed document;

����� (b) For a plat amendment, a copy of the full size plat amendment prepared in conformance with ORS 100.116 and a certification of plat execution required under ORS 100.110 (4) on a form prescribed and furnished by the commissioner;

����� (c) For amendments requiring consent or approval of a specific unit owner or mortgagee:

����� (A) Evidence of the required consent or approval; and

����� (B) Evidence of unit ownership or interest of the mortgagee; and

����� (d) Any documents described in subsection (2) of this section that were amended by the amendment to the declaration, supplemental declaration or plat, the restated declaration or the restated assignment of limited common elements or have otherwise changed since the documents were previously filed under this section.

����� (5) For approval of an amendment to the bylaws or restated bylaws, the following must be submitted:

����� (a) The original executed bylaw amendment or restated bylaws and a copy of the executed document; and

����� (b) If the amendment requires the consent or approval of a specific unit owner or mortgagee:

����� (A) Evidence of the required consent or approval; and

����� (B) Evidence of unit ownership or interest of the mortgagee.

����� (6) After review of the filing and documents submitted under this section, the commissioner may require the person submitting the filing to submit any other documents or information related to the filing that the commissioner considers necessary to approve the document under this chapter. [2019 c.69 �19]

����� Note: 100.668 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.

����� 100.670 Fees; hourly rate; deposit. (1) A developer or other person required to file materials or information with the Real Estate Commissioner under ORS 100.005 to 100.910 shall pay to the commissioner a fee as required under subsections (2) and (3) of this section for the review, approval and handling of the filings by the commissioner at the time of the initial filing with the commissioner.

����� (2) A fee charged by the commissioner under subsection (1) of this section shall be determined by the commissioner to cover the costs of the commissioner�s review, approval or revision activity. The fee shall be based upon an hourly rate that 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.

����� (3) The commissioner shall collect a deposit of $100 from a developer at the time of submitting a filing described in subsection (1) of this section. The amount of the deposit shall be deducted from the final fee computed as provided in subsection (2) of this section. [Formerly 94.354; 1991 c.703 �3; 2023 c.602 �3]

����� 100.675 Inventory of filing; review; approval; timelines. (1) Within five working days after receipt of the prescribed filing fee under ORS 100.670 and information filed under ORS 100.635, 100.660 or 100.668, the Real Estate Commissioner shall inventory the filing and determine whether the filing includes all required information and documentation and designate the filing as:

����� (a) Complete, if the commissioner determines that all required information and documentation is included; or

����� (b) Partially complete, if the commissioner determines that all required information and documentation is not included.

����� (2) If the commissioner designates the filing as complete under subsection (1)(a) of this section, the commissioner shall issue a notice of complete filing to the declarant.

����� (3) If the commissioner designates the filing as partially complete under subsection (1)(b) of this section, the commissioner shall issue to the declarant a notice of partial filing that:

����� (a) Itemizes the information and documentation that must be filed; and

����� (b) States that the filing will not be designated as complete until the commissioner receives the itemized information and documentation required.

����� (4) Within 45 days after the commissioner designates a filing as complete under subsection (1)(a) of this section, the commissioner shall review the filing and:

����� (a) Notify the declarant or developer in writing and specify what information or documentation in the filing does not meet the applicable requirements under this chapter or what additional information is necessary to review and approve the filing or, if the filing is made under ORS 100.635, adopt and issue the disclosure statement;

����� (b) Approve the document filed for approval; or

����� (c) If the filing is made under ORS 100.635, adopt and issue the disclosure statement under ORS

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 100.250

100.250 and giving notice in the form of a copy of the statement to the association. The statement shall include the name of the association and the name of the condominium and the county in which the condominium is located.

����� (2) Upon receipt of the statement of resignation in proper form and the correct fee, the Real Estate Agency shall file the resignation statement. The copy of the statement given under subsection (1) of this section shall be mailed to the association at the mailing address shown for the association in the current records of the office. For purposes of this subsection, written notice is effective at the earliest of the following:

����� (a) When received;

����� (b) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed; or

����� (c) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested and the receipt is signed by or on behalf of the addressee.

����� (3) The agency appointment is terminated on the 31st day after the date on which the statement of resignation was filed by the Real Estate Agency unless the association sooner appoints a successor designated agent as provided in ORS 100.260 (4), thereby terminating the capacity of the prior agent.

����� (4) If by the 31st day after the date on which the statement of resignation was filed by the Real Estate Agency, the association has failed to submit for filing an amendment appointing a designated agent, the Real Estate Agency shall designate the filing �delinquent� and the provisions of ORS 100.265 (3) shall apply. [1989 c.595 �43a; 1993 c.190 �16; 1995 c.31 �10]

����� Note: See note under 100.250.

����� 100.290 Rules. The Real Estate Agency may adopt rules as are necessary or proper for the administration of ORS 100.250 to

ORS 100.405

100.405.

����� (4) �Association property� means any real property or interest in real property acquired, held or possessed by the association provided for under ORS 100.405.

����� (5) �Blanket encumbrance� means a trust deed or mortgage or any other lien or encumbrance, mechanic�s lien or otherwise, securing or evidencing the payment of money and affecting more than one unit in a condominium, or an agreement affecting more than one such unit by which the developer holds such condominium under an option, contract to sell or trust agreement.

����� (6) �Building� means a multiple-unit building or single-unit buildings, or any combination thereof, comprising a part of the property. �Building� also includes a floating structure described in ORS 100.020 (3)(b)(D).

����� (7) �Certified by the association� or �executed by the association� means signed by the secretary and the president or chairperson of the association.

����� (8) �Commissioner� means the Real Estate Commissioner.

����� (9) �Common elements� means the general common elements and the limited common elements.

����� (10) �Common expenses� means:

����� (a) Expenses of administration, maintenance, repair or replacement of the common elements; and

����� (b) Expenses declared common by this chapter or by the declaration or the bylaws of the particular condominium.

����� (11) �Condominium� means:

����� (a) With respect to property located within this state:

����� (A) The land, if any, whether fee simple, leasehold, easement or other interest or combination thereof, and whether contiguous or noncontiguous;

����� (B) Any buildings, improvements and structures on the property; and

����� (C) Any easements, rights and appurtenances belonging to the property submitted to the condominium form of ownership under this chapter; and

����� (b) With respect to property located outside this state, the property that has been committed to the condominium form of ownership in accordance with the jurisdiction within which the property is located.

����� (12) �Conversion condominium� means real property that a declarant intends to submit to the condominium form of ownership under this chapter on which there is a building, improvement or structure that was occupied prior to any negotiation and that is:

����� (a) Residential in nature, at least in part; and

����� (b) Not wholly commercial or industrial, or commercial and industrial, in nature.

����� (13) �Declarant� means a person who records a declaration under ORS 100.100 or a supplemental declaration under ORS 100.110.

����� (14) �Declaration� means the instrument described in ORS 100.105 by which the condominium is created and as modified by any amendment recorded in accordance with ORS

ORS 100.417

100.417 (8) do not apply to a condominium for which each unit owner is responsible for the interior and exterior of the owner�s unit. [2025 c.578 �6]

����� Note: 100.538 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.

����� 100.540 Use and maintenance of common elements; access for maintenance. (1) Each unit owner may use the common elements in accordance with the purposes for which they are intended, but may not hinder or encroach upon the lawful rights of the other unit owners.

����� (2) Unless otherwise provided in the declaration or bylaws:

����� (a) The responsibility for maintenance, repair and replacement of the common elements is the responsibility of the association of unit owners; and

����� (b) The cost of maintenance, repair and replacement is a common expense of the association.

����� (3) The necessary work of maintenance, repair and replacement of the common elements and additions or improvements to the common elements shall be carried out only as provided in the bylaws.

����� (4)(a) Upon request given to the owner and any occupant, any person authorized by the association may enter a unit and any limited common element appertaining to a unit:

����� (A) As may be necessary for the maintenance, repair or replacement of the common elements or any unit for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or this chapter; or

����� (B) To make emergency repairs to the unit or common elements necessary for the public safety or to prevent damage to the common elements or to another unit.

����� (b) Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create any right of action in the owner of a unit. [Formerly 94.270; 2007 c.410 �16; 2009 c.641 �34]

����� 100.545 Compliance with bylaws and other restrictions. Each unit owner and the declarant shall comply with the bylaws and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the unit. Failure to comply therewith shall be grounds for an action maintainable by the association of unit owners or by an aggrieved unit owner. [Formerly 94.275]

����� 100.550 Service of process. (1) Service of process in any action relating to the condominium may be made on:

����� (a) If the condominium was submitted to the provisions of this chapter before October 3, 1989, the person designated in the declaration to receive service of process;

����� (b) The person named as designated agent in the Condominium Information Report filed with the Real Estate Agency under ORS 100.250;

����� (c) If the association is organized as a corporation under Oregon law, the registered agent in accordance with ORS 60.111 or 61.086 (1987 Replacement Part); or

����� (d) The chairperson, president or secretary of the association.

����� (2) Except as provided in subsection (4) of this section, if the association of unit owners of property submitted to the provisions of this chapter before October 15, 1983, wishes to designate a person other than the one named in the declaration to receive service of process in the cases provided in subsection (1) of this section, it shall record an amendment to the declaration. The amendment must be certified by the association, and must state the name of the successor with the successor�s residence or place of business as required by ORS 100.105 (1)(L), and that the person named in the amendment was designated by resolution duly adopted by the association of unit owners.

����� (3) Unless prohibited by the declaration or bylaws, the board of directors of the association of unit owners of property submitted to the provisions of this chapter after October 15, 1983, may elect to designate a person other than the one named in the declaration to receive service of the process in the cases provided in subsection (1) of this section. After the adoption of a resolution by the board of directors in accordance with the bylaws, the board of directors, without the need for further action by the association or approval under ORS 100.110 and 100.135, shall record an amendment to the declaration. The amendment must be certified by the association and must state the name of the successor with the successor�s residence or place of business as required by ORS 100.105 (1)(L), that the person named in the amendment has consented to the designation and that the resolution was duly adopted by the association of unit owners.

����� (4) Subsection (3) of this section applies to property submitted to the provisions of this chapter before October 15, 1983, if:

����� (a) The board of directors of the association of unit owners receives a written request from at least one unit owner that subsection (3) of this section applies; or

����� (b) The board of directors of the association of unit owners adopts a resolution in accordance with the bylaws of the association that subsection (3) of this section applies. [Formerly 94.280; 1995 c.31 �14; 1999 c.677 �54; 2001 c.756 �61; 2007 c.410 �19; 2019 c.69 �44]

����� 100.555 Taxation of units; exemptions; uniform appraisal and assessment; rules. (1)(a) Each unit with its allocation of undivided interest in the common elements shall be considered a parcel of real property, whether fee simple, leasehold, easement or other interest or combination thereof, subject to separate assessment and taxation by any taxing unit in like manner as other parcels of real property. A unit created by a declaration or supplemental declaration recorded with the recording officer under ORS 100.100 or 100.120 shall be assessed in the name of the unit owner.

����� (b) The common elements may not be considered a separate parcel for purposes of taxation.

����� (2) In determining the real market value of a unit with its undivided interest in the common elements, the county assessor may use the allocation of undivided interest in the common elements appertaining to a unit as expressed in the declaration. Determination of real market value of a unit based upon a leasehold estate shall be the same as a unit in fee simple. There shall be no diminution of value by reason of the term of said lease.

����� (3) Exemptions from executions and real property taxes apply to the owner of each unit or to the individual units, as the case may be.

����� (4) The Department of Revenue shall have the authority to make rules and regulations prescribing methods best calculated to secure uniformity according to law in the appraisal and assessment of units constituting part of a property submitted to the provisions of this chapter. [Formerly 94.285; 1991 c.459 �340; 2001 c.756 �52]

REMOVAL OF PROPERTY

FROM UNIT OWNERSHIP

����� 100.600 Termination of association or removal of real property by unit owners; consent of lienholders; recordation; amended plat requirements. (1)(a) Subject to ORS 100.605, the condominium may be terminated if all of the unit owners remove the property from the provisions of this chapter by executing and recording an instrument to that effect and the holders of all liens affecting the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided interest of the unit owner in the property after the termination. The instrument shall state the interest of each unit owner and lienholder as determined under ORS 100.610.

����� (b) The recording of an instrument of termination shall vacate the plat but shall not vacate or terminate any recorded covenants, restrictions, easements or other interests not imposed under the declaration or bylaws or any easement granted by the plat unless the instrument of termination otherwise provides.

����� (c) Before the instrument of termination may be recorded, it must be signed by the county assessor for the purpose of acknowledging that the county assessor has been notified of the proposed termination.

����� (d) The person offering the instrument of termination for recording shall cause a copy of the recorded instrument, including the recording information, to be filed with the commissioner, the county assessor and the county surveyor. Upon receipt of the instrument of termination, the county surveyor may make appropriate annotations on the surveyor�s copy of the plat and any copies filed under ORS 92.120. Corrections or changes are not allowed on the original plat once it is recorded with the county clerk.

����� (e) Failure to file the copies as required under paragraph (d) of this subsection does not invalidate the termination.

����� (2) A portion of the property may be removed from the provisions of this chapter by recording simultaneously with the recording officer an amendment to the declaration and an amended plat approved as required under ORS 100.110, 100.116 and 100.135. The amendment to the declaration shall:

����� (a) Include a metes and bounds legal description of the property being removed;

����� (b) Include a metes and bounds legal description of the resulting boundaries of the condominium after the removal;

����� (c) State the interest of each owner in the property being removed;

����� (d) State the allocation of interest of each unit in the common elements after the removal;

����� (e) Be approved and executed by the owner of any unit being removed and the owner of any unit to which a limited common element being removed pertains and acknowledged in the manner provided for acknowledgment of deeds;

����� (f) Be approved by the holder of any first mortgage on a unit or limited common element being removed;

����� (g) Be approved by at least 90 percent of owners, including any owner whose approval is required under paragraph (e) of this subsection;

����� (h) Be approved by any other mortgagees whose approval is required under the declaration or bylaws;

����� (i) Include any other approvals required by the declaration or bylaws; and

����� (j) Include a statement by the local governing body or appropriate department thereof that the removal will not violate any applicable planning or zoning regulation or ordinance. The statement may be attached as an exhibit to the amendment.

����� (3) The amended plat required under subsection (2) of this section must:

����� (a) Comply with ORS 100.116;

����� (b) Include a �Statement of Removal� that the property described on the amended plat is removed from the condominium and that the condominium exists as described and depicted on the amended plat. The statement must be made and executed by the association and acknowledged; and

����� (c) Include such signatures of approval as may be required by local ordinance or regulation.

����� (4) The tax collector for any taxing unit having a lien for taxes or assessments may consent to such a transfer of any tax or assessment lien under subsection (1) of this section or the removal of a portion of the property under subsection (2) of this section. [Formerly 94.295; 1991 c.763 �29; 1997 c.816 �12; 1999 c.710 �8; 2001 c.756 �62; 2005 c.22 �78; 2009 c.641 �35; 2019 c.69 �32]

����� 100.605 Removal of property from association; repair or removal of property that is damaged or destroyed. (1) If 90 percent of the unit owners agree that the property is obsolete and shall be sold, the property shall be considered removed from the provisions of this chapter.

����� (2) Except where the declaration or bylaws provide to the contrary, if all or part of the property is damaged or destroyed, then the association of unit owners shall repair, reconstruct or rebuild the property, unless 60 percent of the unit owners agree that the property shall not be repaired, reconstructed or rebuilt. If 60 percent of the unit owners agree that the property shall not be repaired, reconstructed or rebuilt, the property shall be considered removed from the provisions of this chapter.

����� (3) Removal of the condominium or a portion thereof from the provisions of this chapter under subsections (1) or (2) of this section shall comply with all of the requirements of ORS 100.600 except that the percent of the owners required to take action shall conform only to subsections (1) or (2) of this section, as applicable. [Formerly 94.300]

����� 100.610 Common ownership of property removed from unit ownership; valuation; liens. (1) If the property is removed from the provisions of this chapter, as provided by ORS 100.600 (1) and

ORS 100.550

100.550 (1) and any other legal proceeding relating to the condominium or association; and

����� (f) The number and type of units as follows:

����� No._____ Living Units

����� No._____ Commercial/Office Units

����� No._ Other (describe) ______

����� ______

����� (2) The Annual Report required under ORS 100.250 (1)(b) must set forth:

����� (a) The information required under subsection (1)(a), (b), (c) and (e) of this section;

����� (b) The names and addresses of the secretary and the chairperson or president of the association; and

����� (c) If the designated agent is changed, a statement that the new agent has consented to the appointment.

����� (3) The amendment required under ORS 100.250 (1)(c) must set forth:

����� (a) The name of the association as shown on the current records of the Real Estate Agency;

����� (b) The name of the condominium and county in which the condominium is located;

����� (c) A statement of the information as changed; and

����� (d) If the current designated agent is to be changed, the name of the new designated agent and residence or business address, including the street and number, and a statement that the new agent has consented to the appointment.

����� (4) The filing by the Real Estate Agency of an amendment that changes the designated agent must terminate the existing designated agent on the effective date of the filing and establish the newly appointed designated agent as that of the association.

����� (5) The reports and amendment described in this section and an application for termination described in ORS 100.280 must be made in a format prescribed and furnished by the Real Estate Agency and must be accompanied by the correct filing fee and shall:

����� (a) Contain information current as of 30 days before delivery for filing;

����� (b) Be executed by the declarant until the turnover meeting and thereafter by the secretary, president or chairperson of the association;

����� (c) State beneath or opposite the signature the name of the person and the capacity in which the person signs; and

����� (d) As required or allowed by rule of the Real Estate Agency:

����� (A) Contain any necessary additional identifying information; and

����� (B) Be completed by electronic communications, including receipt of the filing fee. [1989 c.595 �40; 1995 c.31 �6; 2001 c.756 �38; 2019 c.69 �42; 2019 c.403 �1a]

����� Note: See note under 100.250.

����� 100.265 Annual Report; notification; filing. (1) Not less than 30 days before the report date, the Real Estate Agency shall notify the association of the pending Annual Report filing requirements and indicate the date by which the report is due. By rule, the agency may send this notice by first-class mail or electronic mail to the association�s address in the current records of the agency. Failure of the association to receive the notice does not relieve the association of its duties under ORS 100.250 (1).

����� (2) After the report date, if no Annual Report has been delivered for filing, the Real Estate Agency shall send to the designated agent a notice of delinquency notifying the association that the filing shall be designated �delinquent� unless a report is filed within 45 days after the mailing of such notice.

����� (3) When an association has been given a notice of delinquency in accordance with subsection (2) of this section and failed to correct the delinquency within 45 days:

����� (a) The Real Estate Agency shall designate the filing �delinquent.�

����� (b) If within 30 days after written notice has been given to the association by the opposing party in any suit or action to which the association is a party, the association has not complied with the filing requirements of ORS 100.250 (1), the association may not continue to prosecute or defend such suit or action until the filing is designated �current� as provided in ORS 100.255. A copy of such notice shall be delivered to the Real Estate Agency. The Real Estate Agency shall retain such copy with the filing for the association for a period of not less than 12 months. [1989 c.595 �41; 1995 c.31 �7; 2019 c.403 �2]

����� Note: See note under 100.250.

����� 100.275 Application of ORS 100.250 to 100.280. (1) Subject to ORS 100.550 (3), ORS 100.250 to 100.280, including the filing of a Condominium Information Report described in ORS 100.260 (1), apply to property submitted to the provisions of this chapter before October 3, 1989, if:

����� (a) The board of directors of the association receives a written request to comply with such sections from at least one unit owner or holder of a first mortgage or deed of trust on a unit;

����� (b) The board of directors of the association adopts a resolution to comply with such sections in accordance with the bylaws;

����� (c) The association is a party to a suit or action, the person designated in the declaration under ORS 100.105 (1)(L), the chairperson, president or secretary receives written notice to comply with such sections from any other party to such suit or action. A copy of the notice must be delivered to the Real Estate Agency. The Real Estate Agency shall provide a copy of the filed report to the requesting party and may charge the association a fee for cost of such action. If the association fails to deliver for filing such report, the provisions of ORS 100.265 (3) apply; or

����� (d) A filing is required to comply with the requirements of ORS 100.120, 100.135 or 100.450.

����� (2) The Condominium Information Report required under subsection (1) of this section must be executed by the association. [1989 c.595 �42; 1995 c.31 �8; 2001 c.756 �60; 2007 c.410 �18; 2019 c.69 �43; 2019 c.403 �3]

����� Note: See note under 100.250.

����� 100.280 Termination of filing Condominium Information Report. (1) An association may apply to the Real Estate Agency to terminate a filing under ORS 100.250 (1). The application shall satisfy the requirements of ORS 100.260 (5) and set forth:

����� (a) The name of the association as shown on the current records of the Real Estate Agency;

����� (b) The name of the condominium and county in which the condominium is located;

����� (c) The name and residence or business address, including the street and number, of a designated agent to whom a person initiating any proceeding may direct service for a period of two years; and

����� (d) A commitment to notify the Real Estate Agency for a period of two years from the date of termination of any change of the person or address stated in paragraph (c) of this subsection.

����� (2) A copy of the instrument of termination, evidencing the recording index numbers, recorded under ORS 100.600, shall be delivered with the application.

����� (3) Upon filing by the Real Estate Agency of the application to terminate the filing, the duty of the association to comply with ORS 100.250 (1) shall cease. [1989 c.595 �43; 1995 c.31 �9]

����� Note: See note under 100.250.

����� 100.285 Resignation of designated agent; procedures; effective date. (1) The designated agent of the association may resign as agent by delivering a signed statement of resignation to the Real Estate Agency together with the filing fee prescribed in ORS

ORS 100.600

100.600 and 100.610 after first paying out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each unit owner. [Formerly 94.312]

����� 100.620 Termination or removal no bar to resubmission. The termination of the condominium or the removal of a portion of the property from the condominium shall in no way bar its resubmission. [Formerly 94.318]

DIVIDING OR CONVERTING UNITS

����� 100.625 Procedure for dividing or converting units. (1) Subject to the provisions of the declaration and any applicable law, and upon compliance with this section:

����� (a) A unit designated in the declaration to be used for commercial, industrial or other nonresidential purpose may be divided by an owner, including the declarant, into two or more units.

����� (b) A unit owned by the declarant and located in a condominium that consists exclusively of units designated in the declaration to be used for nonresidential purposes, may be divided or converted into two or more units, common elements or a combination of units and common elements.

����� (2) The owner of a unit to be divided or converted shall submit to the board of directors of the association of unit owners a proposed amendment that must:

����� (a) State the purposes of the amendment;

����� (b) Assign an identifying number to each unit created;

����� (c) Reallocate the interest in the common elements and the use of any limited common elements, voting rights, common expense liability and the right to common profits in the manner prescribed in the declaration;

����� (d) Indicate the means of access for each unit to common elements; and

����� (e) Include any additional provisions necessary to conform any other provisions of the declaration or bylaws.

����� (3) The board of directors shall approve the proposed amendment unless the board determines within 45 days that the amendment is inconsistent with the declaration or bylaws, or the division or conversion 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 may require the owner of the unit to be divided or converted to submit an opinion of a registered professional engineer as to whether or not the proposed division or conversion will impair the structural integrity or mechanical systems of the condominium or weaken the support of any portion of the condominium. The board of directors or any agent appointed by the board of directors may supervise the work necessary to effect the division or conversion. Any expenses incurred under this section must be charged to the owner of the unit requesting the division or conversion.

����� (5) The amendment must be executed by the owner and mortgagees or trust deed beneficiaries of the affected unit, certified by the association and approved and recorded in accordance with ORS 100.135 (2)(b).

����� (6) A plat showing each unit created or the conversion of a unit to common elements or combination thereof must be recorded in accordance with ORS 100.115.

����� (7) This section applies only if the declaration expressly permits and contains:

����� (a) A statement of the maximum number of units into which a unit may be divided under subsection (1) of this section;

����� (b) A general description of the nature and proposed use of any unit or portion of any unit which the declarant may convert to common elements; and

����� (c) A statement of the method to be used to reallocate interest in the common elements, the use of any limited common elements, voting rights, common expense liability and right to common profits. [Formerly 94.322; 2003 c.569 �39; 2019 c.69 �45]

ELECTRIC VEHICLE CHARGING STATIONS

����� 100.626 Legislative findings. (1) The Legislative Assembly finds and declares that:

����� (a) The purpose of ORS 100.627 is to facilitate the installation of an electric vehicle charging station by a unit owner in a condominium for the unit owner�s personal residential use.

����� (b) Oregon courts have identified the following factors in determining whether personal property is a fixture:

����� (A) Whether the personal property is physically annexed to the real property;

����� (B) Whether the personal property is specifically adapted to the property; and

����� (C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.

����� (c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.

����� (2) Unless a unit owner and the association of unit owners, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 100.627 on or before June 4, 2015, is deemed to be the personal property of the unit owner of the unit with which the charging station is associated. [2015 c.249 �5]

����� Note: 100.626 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.

����� 100.627 Electric vehicle charging stations. (1) Notwithstanding contrary provisions of a declaration or bylaws of a condominium:

����� (a) A unit owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the unit owner, in compliance with the requirements of this section:

����� (A) In a space assigned to the unit and used for the parking or storage of automobiles, trucks, boats, campers or other vehicles or equipment; or

����� (B) In a limited common element with the written approval of the unit owner of each unit to which use of the limited common element is reserved.

����� (b) An association of unit owners may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.

����� (2) When the unit owner complies or agrees to comply with the requirements of this section, an association of unit owners, or a declarant in lieu of the association, shall approve a completed application within 60 days after the unit owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.

����� (3) An association of unit owners:

����� (a) May require a unit owner to submit an application before installing a charging station.

����� (b) May require the charging station to meet the architectural standards of the condominium.

����� (c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

����� (d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.

����� (4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act, at a minimum, as a journeyman electrician.

����� (5) The unit owner is responsible for:

����� (a) All costs associated with installation and use of the charging station, including:

����� (A) The cost of electricity associated with the charging station; and

����� (B) The cost of damage to general common elements, limited common elements and areas subject to the exclusive use of other unit owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

����� (b) Disclosure to a prospective buyer of the unit of the existence of the charging station and the related responsibilities of the unit owner under this section.

����� (6) If the association of unit owners reasonably determines that the cumulative use of electricity in the condominium attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the condominium with a sufficient supply of electricity, the association may assess the cost of the additional improvements against the unit of each unit owner that has, or will, install a charging station.

����� (7) Unless the unit owner and the association of unit owners, or the declarant in lieu of the association, negotiate a different outcome:

����� (a) A charging station installed under this section is deemed to be the personal property of the unit owner of the unit with which the charging station is associated; and

����� (b) The unit owner must remove the charging station and restore the premises to the condition before installation of the charging station before the unit owner may transfer ownership of the unit, unless the prospective buyer of the unit accepts ownership and all rights and responsibilities that apply to the charging station under this section.

����� (8)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.

����� (b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, and the unit owner owns the charging station, the unit owner shall:

����� (A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and

����� (B) Name the association of unit owners as a named additional insured under the policy with a right to notice of cancellation of the policy.

����� (9) In any action between a unit owner and an association of unit owners to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 �7; 2015 c.249 �6]

REGULATION OF SALES; FILING REQUIREMENTS

����� 100.635 Filing with commissioner; fee. (1) Except as provided by ORS 100.660 and 100.665, prior to negotiating within this state for the sale of a condominium unit located in another state, or prior to the sale of any condominium unit located within this state, the developer shall file with the Real Estate Commissioner, in any form prescribed by the commissioner:

����� (a) General information on the condominium, including:

����� (A) The name and address of the condominium and the county in which the condominium is located; and

����� (B) The name, address and telephone number of the developer.

����� (b) Two copies of the disclosure statement for the condominium prepared in accordance with ORS

ORS 100.635

100.635 to 100.730 and 100.740 to 100.780 or any of the rules adopted thereunder. No civil penalty shall exceed $1,000 per violation.

����� (2) Civil penalties under this section shall be imposed as provided in ORS 183.745.

����� (3) All penalties recovered shall be paid into the State Treasury and credited to the General Fund. [Formerly 94.470; 1991 c.734 �6]

����� 100.905 Cease and desist order; injunction. (1) Whenever the Real Estate Commissioner finds that any developer or other person is violating any of the provisions of ORS 100.015, 100.635 to 100.730 and 100.740 to 100.780 or the rules adopted thereunder or of the alternative requirements of the commissioner prescribed pursuant to ORS 100.720 (3), the commissioner may order the persons to desist and refrain from violating such provisions or requirements, or from the further sale of condominium units.

����� (2) Whenever the commissioner finds that any developer or other person is violating, or has violated or is about to violate, any of the provisions of ORS 100.015, 100.635 to 100.730 and 100.740 to 100.780 or the rules adopted thereunder or the alternative requirements of the commissioner prescribed pursuant to ORS 100.720 (3), the commissioner may bring proceedings in the circuit court within the county in which the violation or threatened violation has occurred or is about to occur, or in the county where such person, firm or corporation resides or carries on business, in the name of and on behalf of the people of the State of Oregon against such person, firm or corporation, and any other person or persons concerned in or in any way participating or about to participate in such violation, to enjoin such person, firm or corporation or any other person from continuing such violation or engaging therein or doing any act or acts in furtherance thereof, and to apply for the appointment of a receiver or conservator of the assets of the defendant where such appointment is appropriate. [Formerly

ORS 100.640

100.640 (1)(e) or 100.668 (2)(d) or another person authorized by the declarant in writing to execute the certification; and

����� (B) Submitted stating that the copy is a true copy of the plat signed by the declarant; and

����� (g) A copy of a reserve study has been submitted, if a disclosure statement was issued under ORS 100.655 and the reserve study was not included pursuant to ORS 100.640 (1)(g).

����� (5) The commissioner shall approve a supplemental declaration if:

����� (a) The supplemental declaration complies with the requirements of ORS 100.120 and other provisions of this chapter;

����� (b) The supplemental plat complies with the requirements of ORS 100.115;

����� (c) The supplemental declaration is for a conversion condominium and the declarant has complied with the requirements of subsection (4)(d) of this section; and

����� (d) A copy of the supplemental plat and a certification of plat execution described in subsection (4)(e) and (f) of this section have been submitted.

����� (6) Approval by the commissioner is not required for an amendment to a declaration transferring the right of use of a limited common element pursuant to ORS 100.515 (5).

����� (7) Before the commissioner approves the declaration, supplemental declaration or amendment thereto under this section:

����� (a) The declarant or other person requesting approval shall pay to the commissioner a fee determined by the commissioner under ORS 100.670; and

����� (b) For an amendment or supplemental declaration, the Condominium Information Report and the Annual Report described in ORS 100.260 must be designated current by the Real Estate Agency as provided in ORS 100.255 and the fee required under ORS

ORS 100.655

100.655.

����� (5) If the commissioner does not comply with subsection (4) of this section within 45 days after the date the filing is designated as complete, the filing is deemed approved.

����� (6) Upon approving the filing under this section, the commissioner shall provide written notice of the approval to the person making the filing. [Formerly 94.357; 2019 c.69 �26]

UNIT SALES AGREEMENT

����� 100.680 Escrow of unit sales agreement. (1) Unless the developer of a condominium has complied with subsection (2) of this section, the developer and a purchaser may not enter into a unit sales agreement before the recording of the declaration or supplemental declaration and plat under ORS 100.115 or, if the condominium is located outside of this state, before the condominium has been created under the laws of the jurisdiction within which the condominium is located.

����� (2) Any purchaser�s funds, the unit sales agreement, any notes or security documents and any loan commitments must be placed in an escrow located within this state with a person or firm authorized under ORS 696.505 to 696.582. If any funds of the purchaser are invested, the funds must be invested in federally insured accounts or other investments approved by the Real Estate Commissioner. If the developer defaults under the unit sales agreement, the purchaser�s funds held in escrow and all income earned from investment of the funds held in escrow must be returned.

����� (3) In lieu of the requirements of subsection (2) of this section, the commissioner may approve any alternative requirement or method that the commissioner finds will ensure the same protection to the purchaser as the protection provided by the escrow. [Formerly 94.358; 2019 c.69 �27; 2025 c.578 �8]

����� 100.685 Contents of unit sales agreement. A unit sales agreement must contain:

����� (1) The unit designation;

����� (2) The full amount of the purchase price, including the amount and form of earnest money paid by the purchaser;

����� (3) If required under ORS 100.680, the name and address of the escrow agent to hold the purchaser�s funds and a reference to the escrow instructions controlling the escrow;

����� (4) If the purchaser�s funds are to be invested, the name of the financial institution where the funds will be deposited and to whom any interest earnings will accrue under all possible circumstances;

����� (5) The date of closing with any conditions and requirements of closing;

����� (6) The closing procedure;

����� (7) Any authority of the developer to terminate the sale and, in the case of termination, any forfeiture provisions;

����� (8) If the developer specifies any contingency, the date other than closing when all purchaser�s funds and interest earnings will be returned to the purchaser if the contingency is not met;

����� (9) A provision that the purchaser will recover any funds paid to the developer and any interest earnings upon default by the developer;

����� (10) Any rights reserved by the developer to modify the declaration, any supplemental declaration, bylaws, plat or other documents by which the purchaser is or will be bound;

����� (11) Notice to the purchaser of cancellation rights under ORS 100.730 and 100.740;

����� (12) For the sale of newly constructed units, any express warranty required under ORS 100.185; and

����� (13) Any other provisions deemed necessary by the developer and purchaser. [2019 c.69 �29]

����� Note: 100.685 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.

INSPECTION OF CONDOMINIUM; DISCLOSURE STATEMENT

����� 100.700 Inspection of condominium; report in disclosure statement. The Real Estate Commissioner may make an on-site inspection of any condominium and require a report of the commissioner�s findings from such inspection to be included in the disclosure statement for use in the sale of the condominium. [Formerly 94.359]

����� 100.705 Sale prohibited prior to issuance of disclosure statement; exception; distribution; use of disclosure statement. (1) Except as provided in ORS 100.665, a developer, or an agent of the developer may not enter into a unit sales agreement prior to the issuance of the disclosure statement for the condominium.

����� (2) A copy of the disclosure statement for a condominium must be given to the prospective purchaser of a unit in the condominium by the developer or an agent of the developer, not later than the date the unit sales agreement is fully executed by all parties. The developer shall take a receipt from the prospective purchaser upon delivery of a copy of the disclosure statement, and such receipts must be kept on file within this state in the possession of 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.

����� (3) The disclosure statement may not be used for advertising purposes unless it is used in its entirety. No portion of the disclosure statement may be underscored, highlighted, italicized or printed in larger or heavier type than the balance of the statement unless the true copy of the statement so emphasizes such portion.

����� (4) The commissioner may furnish at cost copies of the disclosure statement for the use of developers.

����� (5) Violations of this section are subject to the provisions of ORS 336.184 and 646.605 to

ORS 100.668

100.668 (3).

����� (4) After review of the nonresidential condominium documentation filed under this section, the commissioner may require the declarant to file additional documents and information related to the nonresidential condominium documentation that the commissioner deems necessary to review and approve the declaration and bylaws or a supplemental declaration under this chapter. [Formerly 94.356; 2019 c.69 �25]

����� 100.665 Exemption to certain disclosure and notice requirements. A vendor under a land sale contract, a mortgagee of a mortgage or a beneficiary of a trust deed who becomes a developer by reason of acquiring a unit or units in a condominium through foreclosure of its lien or acceptance of a deed in lieu thereof, is not required to submit a filing to the Real Estate Commissioner under ORS 100.635, or to distribute a disclosure statement under ORS 100.705 or provide the notice to purchaser required under ORS 100.740 if the vendor, mortgagee or beneficiary sells, in a single sale, all of the units so acquired to a developer who agrees to comply with the provisions of ORS 100.635 and 100.705 before negotiating a sale of the unit or units to others. [1989 c.595 �46]

����� 100.668 Documents and information included with filing. (1) Submission of any document to the Real Estate Commissioner for approval under ORS 100.110, 100.119, 100.135,

ORS 100.730

100.730 (1) and no other right.

����� (2) No provision which obligates a purchaser to waive or limit the right of cancellation granted under ORS 100.730 (1) shall be included in the unit sales agreement or any other agreement associated with the sale. [Formerly 94.418]

����� 100.740 Notice to purchaser of cancellation rights; form. (1) Subject to ORS 100.730 (8), a unit sales agreement shall contain, either upon the first page or upon a separate sheet attached to such first page, the following notice in at least 12-point type that is all capitals or boldface:

NOTICE TO PURCHASER

(RIGHT OF CANCELLATION)

����� BY SIGNING A UNIT SALES AGREEMENT YOU ARE INCURRING A CONTRACTUAL OBLIGATION TO PURCHASE AN INTEREST IN A CONDOMINIUM. HOWEVER, YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT FOR ANY REASON FOR FIVE BUSINESS DAYS (EXCLUDING SATURDAYS AND HOLIDAYS) AFTER WHICHEVER OF THE FOLLOWING IS LAST TO OCCUR:

����� (1) SIGNING BY THE PURCHASER OF THE UNIT SALES AGREEMENT;

����� (2) SIGNING BY THE PURCHASER OF THE RECEIPT FOR THE DISCLOSURE STATEMENT, IF ANY; OR

����� (3) SIGNING BY THE PURCHASER OF THE RECEIPT FOR A COPY OF THE CONDOMINIUM DECLARATION AND BYLAWS AND ANY AMENDMENTS OR SUPPLEMENTS THERETO AFFECTING THE UNIT.

TO CANCEL THIS AGREEMENT, YOU MUST GIVE WRITTEN NOTICE TO THE DEVELOPER OR THE AGENT OF THE DEVELOPER AT THE FOLLOWING ADDRESS:

����� ______

����� ______

����� ______

����� ______

����� ______

(SUGGESTED PROCEDURE)

����� BEFORE EXECUTING THIS AGREEMENT, OR BEFORE THE CANCELLATION PERIOD ENDS, YOU SHOULD DO THE FOLLOWING:

����� (1) CAREFULLY EXAMINE THE DISCLOSURE STATEMENT, IF ANY, ISSUED BY THE REAL ESTATE COMMISSIONER ON THE CONDOMINIUM AND ALL ACCOMPANYING INFORMATION DELIVERED BY THE DEVELOPER. OREGON LAW REQUIRES THE DEVELOPER TO DELIVER TO YOU A COPY OF THE DECLARATION AND BYLAWS OF THE CONDOMINIUM AND ANY SUPPLEMENTS AND AMENDMENTS THERETO AFFECTING THE UNIT PRIOR TO THE TIME THE UNIT SALES AGREEMENT IS FULLY EXECUTED BY ALL PARTIES. A COPY OF THE DECLARATION AND BYLAWS, AND ANY SUPPLEMENTS AND AMENDMENTS THERETO, ARE AVAILABLE FROM THE ASSOCIATION FOR EXAMINATION AND DUPLICATION, AT A REASONABLE FEE, UPON YOUR WRITTEN REQUEST.

����� (2) INQUIRE OF YOUR LENDER WHETHER YOU CAN GET ADEQUATE FINANCING ON AN ACCEPTABLE BASIS.

����� (3) INQUIRE OF THE DEVELOPER AND THE LENDER WHAT THE AMOUNT OF THE CLOSING COSTS WILL BE.

OREGON LAW REQUIRES THAT YOU IMMEDIATELY BE GIVEN A COPY OF THIS NOTICE AND A COPY OF THE UNIT SALES AGREEMENT WHEN IT HAS BEEN FULLY EXECUTED BY ALL PARTIES.

����� (2) Except as provided in ORS 100.665, a copy of the notice set forth in subsection (1) of this section shall be given to each purchaser at the time of or immediately following the purchaser�s signing of the unit sales agreement, for the use of the purchaser. [Formerly 94.424; 2001 c.756 �55; 2003 c.569 �41]

����� 100.745 Escrow documents required of successor to vendor�s interest. (1) A purchaser of a vendor�s interest or a holder of an encumbrance secured by a vendor�s interest in an installment contract of sale for which an escrow has been established pursuant to ORS 100.720 shall deposit in the escrow any instruments necessary to assure that the contract vendee can obtain the legal title bargained for upon compliance with the terms and conditions of the contract.

����� (2) A developer who has sold interests in a condominium under an installment contract of sale shall not dispose of or subsequently encumber the vendor�s interest therein unless the terms of the instrument of disposition or the encumbrance provide the means by which the purchaser or holder of the encumbrance will comply with subsection (1) of this section. [Formerly 94.431]

����� 100.750 Inspection of records. Records of the sale of any condominium unit shall be subject to inspection by the Real Estate Commissioner and shall be made available to the commissioner in Oregon at the request of the commissioner. [Formerly 94.437]

PROHIBITED ACTS

����� 100.770 Fraud and deceit prohibited. No developer or agent of a developer shall, in connection with the sale of a condominium unit, directly or indirectly:

����� (1) Employ any device, scheme or artifice to defraud;

����� (2) Make any untrue statement of a material fact or fail to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading;

����� (3) Engage in any act, practice or course of business which operates or would operate as a fraud or deception upon any person;

����� (4) Issue, circulate or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet or other literature, including a public report issued pursuant to ORS 100.700, which contains an untrue statement of a material fact or fails to state a material fact necessary in order to make the statements therein made, in the light of the circumstances under which they are made, not misleading;

����� (5) Issue, circulate or publish any advertising matter or make any written representation, including a public report issued pursuant to ORS 100.700, unless the name of the person issuing, circulating or publishing the matter or making the representation is clearly indicated; or

����� (6) Make any statement or representation, or issue, circulate or publish any advertising matter containing any statement to the effect that the condominium has been in any way approved or indorsed by the Real Estate Commissioner. [Formerly 94.448]

����� 100.775 False or misleading advertising prohibited; liability. It shall be unlawful for any developer or agent of a developer, who with intent, directly or indirectly, to sell a condominium unit, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast concerning the condominium, which contains any statement, pictorial representation or sketch which is false or misleading. Nothing in this section shall be construed to hold the publisher or employee of any newspaper, any job printer, broadcaster or telecaster liable for any publication referred to in this chapter unless the publisher, employee, printer, broadcaster or telecaster has actual knowledge of the falsity thereof or has an interest in the condominium advertised or the sale thereof. [Formerly 94.454]

����� 100.780 Waiver of legal rights void. Any condition, stipulation or provision in any sales contract or lease, or in any other legal document, binding any purchaser or lessee to waive any legal rights under this chapter against the developer shall be deemed to be contrary to public policy and void. [Formerly 94.460]

����� 100.785 Blanket encumbrance prohibited. (1) Subject to the provisions of ORS 100.720, a condominium unit may not be conveyed by a developer subject to a blanket encumbrance.

����� (2) Notwithstanding subsection (1) of this section, the developer shall conform to an alternative requirement or method which the Real Estate Commissioner may deem acceptable to afford a purchaser the protection provided by the prohibition in subsection (1) of this section. [Formerly 94.465; 2001 c.756 �56]

ENFORCEMENT

����� 100.900 Civil penalty. (1) In addition to any other penalties provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of ORS 100.015,

ORS 100.910

100.910. [1999 c.677 �62]

����� Note: 100.122 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.

����� 100.123 Authority to amend declaration or bylaws to comply with federal or state law. (1) As used in this section, �document� means a declaration, supplemental declaration or bylaws, or an amendment thereto.

����� (2) A declarant may amend a document in order to comply with requirements of the Federal Housing Administration, the United States Department of Veterans Affairs, Rural Development or the Farm Service Agency of the United States Department of Agriculture, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing for a condominium or units in a condominium.

����� (3) If a need arises to amend a document after turnover to the association of unit owners has occurred, the amendment must be approved by the association in accordance with the approval provisions of the declaration or bylaws and this chapter.

����� (4) An amendment adopted by the declarant under this section must include:

����� (a) A statement of the purpose of the amendment.

����� (b) A reference to the specific requirements of the entity specified in subsection (2) of this section with which the original document does not comply.

����� (c) A reference to the recording index numbers and date of recording of the declaration, bylaws, plat, the document being amended and any other applicable supplemental declarations, supplemental plats or amendments to the documents.

����� (d) A statement that the amendment is adopted under this section.

����� (5) An amendment adopted under this section is not effective unless the amendment is:

����� (a) Approved by the Real Estate Commissioner under ORS 100.110 or 100.668, as applicable;

����� (b) Approved by the county tax assessor if required under ORS 100.110; and

����� (c) Executed by the declarant, acknowledged and recorded. [2007 c.410 �4; 2019 c.69 �14]

����� Note: 100.123 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.

����� 100.125 Annexation of additional property; requirements. Subject to ORS 100.120 (5), if the declaration complies with ORS 100.105 (2), until the termination date, additional property may be annexed to the condominium by the recording of a supplemental declaration and supplemental plat in accordance with ORS 100.115. [Formerly

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 105.455

105.455, except that the provisions of ORS 105.420 to 105.455 control over conflicting provisions of the Oregon Receivership Code. [2017 c.358 �53]

����� 105.455 Short title. ORS 105.420 to 105.455 may be cited as the Oregon Housing Receivership Act. [1989 c.649 �1; 2019 c.191 �5]

SELLER�S PROPERTY DISCLOSURE STATEMENT

����� 105.462 Definitions for ORS 105.462 to 105.490. For purposes of ORS 105.462 to 105.490:

����� (1) �Financial institution� has the meaning given that term in ORS 706.008. �Financial institution� includes a:

����� (a) Trust company, as that term is defined in ORS 706.008;

����� (b) Mortgage banker, as that term is defined in ORS 86A.100;

����� (c) Mortgage broker, as that term is defined in ORS 86A.100; and

����� (d) Consumer finance company that is licensed under ORS chapter 725.

����� (2) �Real estate licensee� has the meaning given that term in ORS 696.010. [2003 c.328 �4; 2005 c.287 �1]

����� 105.463 Preemptive effect of ORS 105.464. ORS 105.464 preempts any law, rule, regulation, code or ordinance of the political subdivisions of this state including, but not limited to, the Lane Regional Air Protection Agency regarding the disclosure of solid fuel burning devices, as defined in ORS 468A.485, in connection with a written offer to purchase real property in this state for which a seller�s property disclosure statement is required under ORS 105.465 and 105.470. [2009 c.387 �17]

����� 105.464 Form of seller�s property disclosure statement. A seller�s property disclosure statement must be in substantially the following form:

If required under ORS

ORS 105.465

105.465, a seller shall deliver in substantially the following form the seller�s property disclosure statement to each buyer who makes a written offer to purchase real property in this state:

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of this disclosure statement and each attachment.

Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction. Use only the section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only Section 1.

An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the property or the buyer may revoke their offer to purchase anytime prior to closing the transaction. Questions regarding the legal consequences of the seller�s choice should be directed to a qualified attorney.

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470)

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely.

Initial only the exclusion you wish to claim.

_ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #, issued by _____.

_____ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure.

_____ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian.

_____ This sale or transfer is by a governmental agency.

Signature(s) of Seller claiming exclusion

Date __

Buyer(s) to acknowledge Seller�s claim

Date __

(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.)

Section 2. SELLER�S PROPERTY DISCLOSURE STATEMENT

(NOT A WARRANTY)

(ORS 105.464)

NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT

___ (�THE PROPERTY�).

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS SELLER�S DISCLOSURE STATEMENT TO REVOKE BUYER�S OFFER BY DELIVERING BUYER�S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER�S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.

Seller _ is/ ___ is not occupying the property.

I. SELLER�S REPRESENTATIONS:

The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the buyer.

If you mark yes on items with , attach a copy or explain on an attached sheet.

����� 1.�� TITLE

����� A.� Do you have legal authority to sell the property?���� [ ]Yes� [ ]No�� [ ]Unknown

����� *B. Is title to the property subject to any of the

����� following:����������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (1) First right of refusal

����� (2) Option

����� (3) Lease or rental agreement

����� (4) Other listing

����� (5) Life estate?

����� *C. Is the property being transferred an

����� unlawfully established unit of land?������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� *D. Are there any encroachments, boundary

����� agreements, boundary disputes or recent

����� boundary changes?��������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *E. Are there any rights of way, easements,

����� licenses, access limitations or claims that

����� may affect your interest in the property?����������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *F. Are there any agreements for joint

����� maintenance of an easement or right of way?���������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *G. Are there any governmental studies, designations,

����� zoning overlays, surveys or notices that would

����� affect the property?�������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *H. Are there any pending or existing governmental

����� assessments against the property?��������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *I.� Are there any zoning violations or

����� nonconforming uses?����������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *J. Is there a boundary survey for the

����� property?������������������������������������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� *K. Are there any covenants, conditions,

����� restrictions or private assessments that

����� affect the property?�������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *L. Is the property subject to any special tax

����� assessment or tax treatment that may result

����� in levy of additional taxes if the property

����� is sold?��������������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� 2.�� WATER

����� A.� Household water

����� (1) The source of the water is (check ALL that apply):

����� [ ]Public [ ]Community [ ]Private

����� [ ]Other __

����� (2) Water source information:

����� *a. Does the water source require a water permit?������� [ ]Yes� [ ]No�� [ ]Unknown

����� If yes, do you have a permit?����������������������������������������� [ ]Yes� [ ]No

����� b.�� Is the water source located on the property?����������� [ ]Yes� [ ]No�� [ ]Unknown

����� *If not, are there any written agreements for

����� a shared water source?��������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� *c. Is there an easement (recorded or unrecorded)

����� for your access to or maintenance of the water

����� source?��������������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� d.�� If the source of water is from a well or spring,

����� have you had any of the following in the past

����� 12 months? [ ]Flow test [ ]Bacteria test

����� [ ]Chemical contents test����������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� *e. Are there any water source plumbing problems

����� or needed repairs?���������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (3) Are there any water treatment systems for

����� the property?������������������������������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� [ ]Leased [ ]Owned

����� B.� Irrigation

����� (1) Are there any [ ] water rights or [ ] other

����� irrigation rights for the property?���������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *(2) If any exist, has the irrigation water been

����� used during the last five-year period?���������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� *(3) Is there a water rights certificate or other

����� written evidence available?������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� C.� Outdoor sprinkler system

����� (1) Is there an outdoor sprinkler system for the

����� property?������������������������������������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� (2) Has a back flow valve been installed?��������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� (3) Is the outdoor sprinkler system operable?��������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� 3.�� SEWAGE SYSTEM

����� A.� Is the property connected to a public or

����� community sewage system?������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� B.� Are there any new public or community sewage

����� systems proposed for the property?������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� C.� Is the property connected to an on-site septic

����� system?�������������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (1) If yes, when was the system installed?�������������������� __������� [ ]Unknown�� [ ]NA

����� (2) *If yes, was the system installed by permit?����������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� (3) *Has the system been repaired or altered?�������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (4) *Has the condition of the system been

����� evaluated and a report issued?��������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (5) Has the septic tank ever been pumped?������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� If yes, when?������������������������������������������������������������������ __������� [ ]NA

����� (6) Does the system have a pump?�������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (7) Does the system have a treatment unit such

����� as a sand filter or an aerobic unit?��������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (8) *Is a service contract for routine

����� maintenance required for the system?��������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (9) Are all components of the system located on

����� the property?������������������������������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� D.� *Are there any sewage system problems or

����� needed repairs?�������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� E.�� Does your sewage system require on-site

����� pumping to another level?��������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� 4.�� DWELLING INSULATION

����� A.� Is there insulation in the:

����� (1) Ceiling?�������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (2) Exterior walls?��������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (3) Floors?��������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� B.� Are there any defective insulated doors or

����� windows?����������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� 5.�� DWELLING STRUCTURE

����� *A. Has the roof leaked?������������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� If yes, has it been repaired?������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� B.� Are there any additions, conversions or

����� remodeling?������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� If yes, was a building permit required?������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� If yes, was a building permit obtained?������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� If yes, was final inspection obtained?���������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� C.� Are there smoke alarms or detectors?���������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� D.� Are there carbon monoxide alarms?������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� E.�� Is there a woodstove or fireplace

����� insert included in the sale?��������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *If yes, what is the make? __

����� *If yes, was it installed with a permit?�������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *If yes, is a certification label issued by the

����� United States Environmental Protection

����� Agency (EPA) or the Department of

����� Environmental Quality (DEQ) affixed to it?����������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *F. Has pest and dry rot, structural or

����� �whole house� inspection been done

����� within the last three years?�������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *G. Are there any moisture problems, areas of water

����� penetration, mildew odors or other moisture

����� conditions (especially in the basement)?����������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *If yes, explain on attached sheet the frequency

����� and extent of problem and any insurance claims,

����� repairs or remediation done.

����� H.� Is there a sump pump on the property?�������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� I.��� Are there any materials used in the

����� construction of the structure that are or

����� have been the subject of a recall, class

����� action suit, settlement or litigation?������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� If yes, what are the materials? __

����� (1) Are there problems with the materials?������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� (2) Are the materials covered by a warranty?��������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� (3) Have the materials been inspected?������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� (4) Have there ever been claims filed for these

����� materials by you or by previous owners?���������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� If yes, when? __

����� (5) Was money received?���������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� (6) Were any of the materials repaired or

����� replaced?������������������������������������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� 6.�� DWELLING SYSTEMS AND FIXTURES

����� If the following systems or fixtures are included

����� in the purchase price, are they in good working

����� order on the date this form is signed?

����� A.� Electrical system, including wiring, switches,

����� outlets and service���������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� B.� Plumbing system, including pipes, faucets,

����� fixtures and toilets��������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� C.� Water heater tank����������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� D.� Garbage disposal������������������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� E.�� Built-in range and oven�������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� F.�� Built-in dishwasher�������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� G.� Sump pump�������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� H.� Heating and cooling systems����������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� I.��� Security system [ ]Owned [ ]Leased������������������������ [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� J.�� Are there any materials or products used in

����� the systems and fixtures that are or have

����� been the subject of a recall, class action

����� suit settlement or litigation?������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� If yes, what product? ___

����� (1) Are there problems with the product?��������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (2) Is the product covered by a warranty?��������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (3) Has the product been inspected?����������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (4) Have claims been filed for this product

����� by you or by previous owners?�������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� If yes, when? ___

����� (5) Was money received?���������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� (6) Were any of the materials or products repaired

����� or replaced?�������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� 7.�� COMMON INTEREST

����� A.� Is there a Home Owners� Association

����� or other governing entity?���������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� Name of Association or Other Governing

����� Entity ___

����� Contact Person ______

����� Address ____

����� Phone Number ______

����� B.� Regular periodic assessments: $_____

����� per [ ]Month [ ]Year [ ]Other

����� *C. Are there any pending or proposed special

����� assessments?������������������������������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� D.� Are there shared �common areas� or joint

����� maintenance agreements for facilities like

����� walls, fences, pools, tennis courts, walkways

����� or other areas co-owned in undivided interest

����� with others?�������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� E.�� Is the Home Owners� Association or other

����� governing entity a party to pending litigation

����� or subject to an unsatisfied judgment?�������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� F.�� Is the property in violation of recorded

����� covenants, conditions and restrictions or in

����� violation of other bylaws or governing rules,

����� whether recorded or not?����������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

����� 8.�� SEISMIC

����� Was the house constructed before 1974?����������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� If yes, has the house been bolted to its

����� foundation?�������������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� 9.�� GENERAL

����� A.� Are there problems with settling, soil,

����� standing water or drainage on the property

����� or in the immediate area?����������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� B.� Does the property contain fill?�������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� C.� Is there any material damage to the property or

����� any of the structure(s) from fire, wind, floods,

����� beach movements, earthquake, expansive soils

����� or landslides?����������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� D.� Is the property in a designated floodplain?�������������� [ ]Yes� [ ]No�� [ ]Unknown

����� Note: Flood insurance may be required for

����� homes in a floodplain.

����� E.�� Is the property in a designated slide or

����� other geologic hazard zone?������������������������������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� *F. Has any portion of the property been tested

����� or treated for asbestos, formaldehyde, radon

����� gas, lead-based paint, mold, fuel or chemical

����� storage tanks or contaminated soil or water?����������������� [ ]Yes� [ ]No�� [ ]Unknown

����� G.� Are there any tanks or underground storage

����� tanks (e.g., septic, chemical, fuel, etc.)

����� on the property?������������������������������������������������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� H.� Has the property ever been used as an illegal

����� drug manufacturing or distribution site?����������������������� [ ]Yes� [ ]No�� [ ]Unknown

����� *If yes, was a Certificate of Fitness issued?������������������ [ ]Yes� [ ]No�� [ ]Unknown

����� 10. FULL DISCLOSURE BY SELLERS

����� *A. Are there any other material defects affecting

����� this property or its value that a prospective

����� buyer should know about?��������������������������������������������� [ ]Yes� [ ]No

����� *If yes, describe the defect on attached sheet and

����� explain the frequency and extent of the problem

����� and any insurance claims, repairs or remediation.

����� B.� Verification:

����� The foregoing answers and attached explanations (if any) are complete and correct to

the best of my/our knowledge and I/we have received a copy of this disclosure statement.

I/we authorize my/our agents to deliver a copy of this disclosure statement to all

prospective buyers of the property or their agents.

����� Seller(s) signature:

����� SELLER ___ DATE __

����� SELLER ___ DATE __

II. BUYER�S ACKNOWLEDGMENT

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another party�s disclosure statement required by this section or any amendment to the disclosure statement.

C. Buyer (which term includes all persons signing the �buyer�s acknowledgment� portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller�s signature(s).

DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER�S PROPERTY DISCLOSURE STATEMENT.

BUYER ___ DATE __

BUYER ___ DATE __

Agent receiving disclosure statement on buyer�s behalf to sign and date:

Real Estate Licensee

Real Estate Firm

Date received by agent __

[2003 c.328 �3; 2007 c.30 �13; 2007 c.866 �8; 2009 c.387 �18; 2009 c.591 �14a; 2013 c.435 �1; 2017 c.147 �1; 2019 c.584 �1; 2023 c.9 �5; 2025 c.590 �15]

����� 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870:

����� (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer�s spouse, parent or child:

����� (A) Real property consisting of or improved by one to four dwelling units;

����� (B) A condominium unit as defined in ORS 100.005 and not subject to disclosure under ORS 100.705;

����� (C) A timeshare property as defined in ORS 94.803 and not subject to disclosure under ORS

ORS 105.490

105.490, 696.301 and 696.870 is terminated.

����� (4) If the seller fails or refuses to provide a seller�s property disclosure statement as required under this section, the buyer shall have a right of revocation until the right is terminated pursuant to subsection (3) of this section.

����� (5) If the buyer revokes the offer pursuant to this section, notwithstanding ORS 696.581, the buyer is entitled to immediate return of all deposits and other considerations delivered to any party or escrow agent with respect to the buyer�s offer, and the buyer�s offer is void.

����� (6) When the deposits and other considerations have been returned to the buyer, upon the buyer�s signed, written release and indemnification of the holders of the deposits and other considerations, the holders are released from all liability for the deposits and other considerations.

����� (7) Any seller�s property disclosure statement issued by the seller is part of and incorporated into the offer and the acceptance. [1993 c.547 ��2,3; 2003 c.328 �6]

����� 105.480 Representations in disclosure statement; application. (1) The representations contained in a seller�s property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only. The representations of the seller are not representations of:

����� (a) A financial institution that may have made or that may make a loan pertaining to the property covered by a seller�s property disclosure statement, or that may have or take a security interest in the property covered by a seller�s property disclosure statement.

����� (b) A real estate licensee engaged by the seller or buyer.

����� (2) Neither a financial institution nor a real estate licensee is bound by or has any liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in the seller�s property disclosure statement required by ORS 105.465 or any amendment to the disclosure statement. [1993 c.547 �4b; 1997 c.631 �400; 2001 c.300 �69; 2003 c.328 �7]

����� 105.485 Allocation of burden of proof. The burden of proof of lawful delivery of a seller�s property disclosure statement and any amendment thereto is on the seller. The burden of proof of lawful delivery of a notice of revocation of a buyer�s offer is on the buyer. [1993 c.547 �5; 2003 c.328 �8]

����� 105.490 Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies. ORS 105.462 to 105.490, 696.301 and 696.870 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief. [1993 c.547 �8; 2003 c.328 �9]

ACTIONS AND SUITS FOR NUISANCES

����� 105.505 Remedies available for private nuisance. Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given for the plaintiff in the action, the plaintiff may, on motion, in addition to the execution to enforce the judgment, obtain an order allowing a warrant to issue to the sheriff to abate the nuisance. The motion must be made at the term at which judgment is given, and shall be allowed of course, unless it appears on the hearing that the nuisance has ceased or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may proceed to have the defendant enjoined. [Amended by 1979 c.284 �96]

����� 105.510 Procedure for abating a nuisance. Not more than six months after an order to abate is entered under ORS 105.505, the plaintiff may file a request with the clerk of court for the issuance of a warrant to the sheriff that directs the sheriff to abate the nuisance. The sheriff may require that the plaintiff pay all sheriff�s fees required by ORS

ORS 107.089

107.089 upon the respondent and shall provide proof of service to the court in accordance with ORCP 9.

����� (2) Regardless of whether the petitioner serves the respondent with a copy of ORS 107.089, the respondent may serve the petitioner with a copy of ORS 107.089 at any time and provide proof of service in accordance with ORCP 9. [1995 c.800 �4; 1997 c.707 �32]

����� 107.089 Documents parties must furnish to each other; effect of failure to furnish. (1) If served with a copy of this section as provided in ORS 107.088, each party in a suit for legal separation or for dissolution shall provide to the other party copies of the following documents in their possession or control:

����� (a) All federal and state income tax returns filed by either party for the last three calendar years.

����� (b) If income tax returns for the last calendar year have not been filed, all W-2 statements, year-end payroll statements, interest and dividend statements and all other records of income earned or received by either party during the last calendar year.

����� (c) All records showing any income earned or received by either party for the current calendar year.

����� (d) All financial statements, statements of net worth and credit card and loan applications prepared by or for either party during the last two calendar years.

����� (e) All documents such as deeds, real estate contracts, appraisals and most recent statements of assessed value relating to real property in which either party has any interest.

����� (f) All documents showing debts of either party, including the most recent statement of any loan, credit line or charge card balance due.

����� (g)(A) Certificates of title or registrations of all automobiles, motor vehicles, boats or other personal property registered in either party�s name or in which either party has any interest.

����� (B) For all automobiles, motor vehicles and boats described in subparagraph (A) of this paragraph, documentation evidencing the vehicle identification number or other unique identifying number.

����� (h) Documents showing stocks, bonds, secured notes, mutual funds and other investments in which either party has any interest.

����� (i) The most recent statement describing any retirement plan, IRA pension plan, profit-sharing plan, stock option plan or deferred compensation plan in which either party has any interest.

����� (j) All financial institution or brokerage account records on any account in which either party has had any interest or signing privileges in the past year, whether or not the account is currently open or closed.

����� (2)(a) Except as otherwise provided in paragraph (b) of this subsection, the party shall provide the information listed in subsection (1) of this section to the other party no later than 30 days after service of a copy of this section.

����� (b) If a support hearing is pending fewer than 30 days after service of a copy of this section on either party, the party upon whom a copy of this section is served shall provide the information listed in subsection (1)(a) to (d) of this section no later than three judicial days before the hearing.

����� (3)(a) If a party does not provide information as required by subsections (1) and (2) of this section, the other party may apply for a motion to compel as provided in ORCP 46.

����� (b) Notwithstanding ORCP 46 A(4), if the motion is granted and the court finds that there was willful noncompliance with the requirements of subsections (1) and (2) of this section, the court shall require the party whose conduct necessitated the motion or the party or attorney advising the action, or both, to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees.

����� (4) If a date for a support hearing has been set and the information listed in subsection (1)(a) to (d) of this section has not been provided as required by subsection (2) of this section:

����� (a) By the obligor, the judge shall postpone the hearing, if requested to do so by the obligee, and provide in any future order for support that the support obligation is retroactive to the date of the original hearing; or

����� (b) By the obligee, the judge shall postpone the hearing, if requested to do so by the obligor, and provide that any support ordered in a future hearing may be prospective only.

����� (5) The provisions of this section do not limit in any way the discovery provisions of the Oregon Rules of Civil Procedure or any other discovery provision of Oregon law. [1995 c.800 �5; 1997 c.631 �402; 1997 c.707 �33; 2013 c.171 �1]

����� 107.090 [Amended by 1953 c.602 �2; 1955 c.648 �4; 1959 c.572 �1; 1969 c.221 �1; repealed by 1971 c.280 �28]

����� 107.092 Notice that spouse may continue health insurance coverage; liability of clerk. (1) The clerk of the court shall furnish to both parties in a suit for legal separation or for dissolution, at the time the suit is filed, a notice of ORS 743B.343, 743B.344, 743B.345 and

ORS 118.525

118.525, 314.835 or 314.840 or any similar provision of law, notify the agency and the person in writing.

����� (b) Upon receipt of such notice, the agency shall refuse to reissue, renew or extend any license, contract or agreement until the agency receives a certificate issued by the department that the person is in good standing with respect to any returns due and taxes payable to the department as of the date of the certificate.

����� (c) Upon the written request of the director and after a hearing and notice to the licensee as required under any applicable provision of law, the agency shall suspend the person�s license if the agency finds that the returns and taxes have not been filed or paid and that the licensee has not filed in good faith a petition before the department contesting the tax and the department has been unable to obtain payment of the tax through other methods of collection. For the purpose of the agency�s findings, the written representation to that effect by the department to the agency shall constitute prima facie evidence of the person�s failure to file returns or pay the tax. The department shall have the right to intervene in any license suspension proceeding.

����� (d) Any license suspended under this subsection shall not be reissued or renewed until the agency receives a certificate issued by the department that the licensee is in good standing with respect to any returns due and taxes payable to the department as of the date of the certificate.

����� (5) The department may enter into an installment payment agreement with a licensee or provider with respect to any unpaid tax, penalty and interest. The agreement shall provide for interest on the outstanding amount at the rate prescribed by ORS 305.220. The department may issue a provisional certificate of good standing pursuant to subsection (4)(b) and (d) of this section which shall remain in effect so long as the licensee or provider fully complies with the terms of the installment agreement. Failure by the licensee or provider to fully comply with the terms of the installment agreement shall render the agreement and the provisional certificate of good standing null and void, unless the department determines that the failure was due to reasonable cause. If the department determines that the failure was not due to reasonable cause, the total amount of the tax, penalty and interest shall be immediately due and payable, and the department shall notify any affected agency that the licensee or provider is not in good standing. The agency shall then take appropriate action under subsection (4)(b) and (d) of this section.

����� (6) No contract or other agreement for the purpose of providing goods, services or real estate space to any agency shall be entered into, renewed or extended with any person, unless the person certifies in writing, under penalty of perjury, that the person is, to the best of the person�s knowledge, not in violation of any tax laws described in ORS 305.380 (4).

����� (7) The certification under subsection (6) of this section shall be required for each contract and renewal or extension of a contract or may be provided on an annual basis. A certification shall not be required for a contract if the consideration for the goods, services or real estate space provided under the contract is no more than $1,000.

����� (8)(a) The requirements of the certification under subsection (6) of this section shall be subject to the rules adopted by the department in accordance with this section.

����� (b) The department may by rule exempt certain contracts from the requirements of subsection (6) of this section. [1987 c.843 �7; 1989 c.656 �1; 1997 c.99 �36]

SUBPOENAS RELATING TO INDUSTRIAL PROPERTY

����� 305.390 Subpoenas of records containing information on industrial plant for use to determine value of different industrial plant. A subpoena for the production of records may be issued under ORS 305.190 or 305.420 to the owner of an industrial plant, as defined in ORS 308.408, for purposes of a proceeding involving the determination of the value of a different industrial plant for ad valorem property taxation, only under the following conditions:

����� (1) The information to be produced is to be used to determine the value of a specific industrial plant;

����� (2) The information to be produced is not available to the person or agency issuing the subpoena from any public source; and

����� (3) The information to be produced is likely to improve the accuracy or reliability of the determination of value. [1993 c.353 �4]

����� 305.392 Process for limiting scope of third-party subpoena. (1) This section applies to subpoenas issued under ORS 305.190 or 305.420 (4) to owners of industrial plants, as defined in ORS 308.408, for the production of books, papers, correspondence or any other documents to be used in a judicial proceeding that involves the determination of the value of a different industrial plant, for purposes of ad valorem property taxation. The purpose of this section is to provide a process by which the parties may limit the scope of a subpoena for the production of documents, if possible.

����� (2) Before any person or the Department of Revenue may issue a subpoena to which this section applies, the person or department shall give written notice to the person or agency to be subpoenaed that a subpoena will be issued no sooner than 60 days after the date the notice is received. The notice shall state the general nature of the documents desired to be produced and the purpose for which they will be used. The notice shall state that the person or agency to be subpoenaed may request an informal meeting with the person or department giving notice to identify the nature and form of documents the person or agency has and to verify the need for the documents desired to be produced.

����� (3) If the person or agency receiving a notice given under subsection (2) of this section requests an informal meeting as provided in the notice, the person or department giving notice shall meet with the person or agency before issuing the subpoena. If the parties can agree that only specific documents need to be produced, the subpoena may then be issued and shall be limited to those documents.

����� (4) If the person or agency receiving a notice under subsection (2) of this section does not request a meeting, or if the parties cannot agree on the specific documents to be produced, the person or department giving notice may issue the subpoena on or after the date specified in the notice.

����� (5) A person or agency given notice under subsection (2) of this section may not seek relief from compliance with a subpoena or for protection of documents to be produced until a subpoena has been issued. [1993 c.353 �7; 1995 c.650 �84; 2005 c.345 �5]

����� 305.394 When industrial plant owner may choose not to produce information sought by subpoena. (1) If the owner of an industrial plant that is located outside this state is given notice under ORS 305.392, or is served with a subpoena for purposes of appraisal of an industrial plant located within this state, the owner may choose not to produce any documents related to the income or expenses of the industrial plant that are identified in the notice or the subpoena, if that information is described in ORS 308.411 (8) as exempt from disclosure for an owner electing under ORS 308.411 (2).

����� (2) As used in this section, �industrial plant� has the meaning given in ORS 308.408. [1993 c.353 �9]

����� 305.396 Protection of confidentiality of industrial property information obtained by subpoena. (1) When the Department of Revenue or any person has obtained information concerning industrial property by subpoena issued under ORS 305.190 or 305.420, and the provider of the information has designated the information as confidential, the confidentiality of the information shall be protected as provided in this section.

����� (2) If the department or any person in possession of information described in subsection (1) of this section intends to use that information in a judicial proceeding, the court shall close the proceedings to anyone other than representatives of the parties to the proceeding at any time the confidential information is presented as evidence. The court shall limit the disclosure of the information to representatives of the parties to the proceeding as provided in ORS 305.398. The court also shall seal those parts of the record of the proceeding that contain confidential information. This subsection shall apply to proceedings on appeal from the court proceeding. [1993 c.353 �10; 1995 c.650 �85]

����� 305.398 Disclosure and use of industrial property confidential information obtained by third-party subpoena. (1) When the Department of Revenue or any person has obtained information concerning industrial property by subpoena issued under ORS 305.190 or 305.420, for use in a judicial proceeding concerning the value of a different industrial property, and the provider of the information has designated the information as confidential, access to that information shall be limited by an order of the judicial body conducting the proceeding. The order shall specify the allowable uses of the confidential information and establish the conditions under which disclosure may be made to those individuals described in this section.

����� (2) The confidential information may be disclosed to the following individuals only:

����� (a) Counsel for the Department of Revenue.

����� (b) Counsel of record for any party participating in the proceeding in which the information is to be used.

����� (c) Employees of the Department of Revenue who are assigned to perform an appraisal using the confidential information.

����� (d) Those experts or consultants for any party participating in the proceeding who are not, have not previously been and are not anticipated to become directors, officers, employees or business associates of the party, and who have been retained to provide technical advice or testimony in the proceeding.

����� (3) Before disclosure of information described in this section, each individual to whom disclosure of confidential information will be made shall execute a written acknowledgment of the confidential nature of the information and consent to be bound by the terms of the order of confidentiality, subject to judicial penalties for contempt. Such an acknowledgment shall be executed by any person to whom access to confidential information is actually given.

����� (4) A written record shall be maintained by the Department of Revenue and any party to whom disclosure is made of the specific material disclosed and the identity of those individuals to whom access has been given, including the name and title of the individuals and the date each was approved to be given access.

����� (5) The documents, and any copies of them, shall be marked �confidential� or in some way identified to be subject to limited access. Any copies of the original documents shall be reproduced in a way that makes them readily identifiable.

����� (6) At the conclusion of the proceeding, all documents subject to the provisions of this section shall be returned to the person or agency that originally produced them. Any copies, abstracts or summaries of the information shall be destroyed, and their destruction shall be verified by the party or agency that made the copies. [1993 c.353 �11; 1995 c.650 �86]

����� 305.400 Payment of costs of subpoena compliance; determination of costs. (1) Any agency or person issuing a subpoena under ORS 305.190 or 305.420 for information concerning industrial property, shall pay the reasonable costs of compliance with the subpoena incurred by the party responding to the subpoena.

����� (2) Reasonable costs include the cost of locating records, preparing copies of records, costs of postage, freight or delivery, the cost of materials used to organize or contain records and the cost of management review of material to be produced to determine compliance with the subpoena.

����� (3) Reasonable costs do not include the cost of duplicating records for the use of the person producing the records or legal fees or management costs incurred in resisting compliance with a subpoena. [1993 c.353 �12]

APPEALS OF INDUSTRIAL PROPERTY OR PLANTS

����� 305.403 Appeal of value of state-appraised industrial property in tax court. (1) An appeal by a taxpayer dissatisfied with the assessed value or specially assessed value of land or improvements of a state-appraised industrial property must be brought in the tax court.

����� (2) An appeal under this section is taken by filing a complaint with the tax court in the manner prescribed under ORS 305.560 during the period following the date the tax statements are mailed for the current tax year and ending December 31.

����� (3)(a) The complaint shall be entitled in the name of the person filing the complaint as plaintiff, and the Department of Revenue and the county assessor as defendants.

����� (b) In answering and defending against the allegations of the complaint:

����� (A) The department shall respond only to those allegations that relate to the appraisal or assessment performed by the department; and

����� (B) The county assessor shall respond only to those allegations that relate to the appraisal or assessment performed by the county assessor.

����� (c) The department and the county assessor shall both remain parties to a proceeding described in this subsection unless either party is dismissed by order of the court.

����� (4) Service of the complaint upon the department and the county assessor shall be accomplished by the clerk of the tax court mailing a copy of the complaint to the Director of the Department of Revenue and to the county assessor.

����� (5) As used in this section, �state-appraised industrial property� has the meaning given that term in ORS 306.126 and includes those properties appraised by the department for ad valorem property tax purposes. [1995 c.650 �82; 1997 c.541 �58; 2005 c.225 �2; 2005 c.345 �15; 2011 c.111 �1; 2015 c.36 �2]

OREGON TAX COURT

(General)

����� 305.404 Oregon Tax Court; definitions; usage. Unless the context requires otherwise, as used in ORS 305.404 to 305.560 and other revenue and tax laws, �tax court� or �Oregon Tax Court� means the Oregon Tax Court created under ORS 305.405. In an appropriate case, �tax court� may include either the regular division or the magistrate division of the Oregon Tax Court, or both, or the judge or judges of the tax court or its magistrates or a combination. In a few instances, �tax court� may include the tax court clerk or other employees of the regular or magistrate division of the tax court. [1995 c.650 �104]

����� 305.405 Oregon Tax Court; creation; jurisdiction. As part of the judicial branch of state government, there is created a court of justice to be known as the Oregon Tax Court. The tax court, in cases within its jurisdiction pursuant to ORS 305.410:

����� (1) Is a court of record and of general jurisdiction, not limited, special or inferior jurisdiction.

����� (2) Has the same powers as a circuit court.

����� (3) Has and may exercise all ordinary and extraordinary legal, equitable and provisional remedies available in the circuit courts, as well as such additional remedies as may be assigned to it. [1961 c.533 �1; 1965 c.6 �1]

����� 305.410 Authority of court in tax cases within its jurisdiction; concurrent jurisdiction; exclusive jurisdiction in certain cases; jurisdiction for local government tax cases. (1) Subject only to the provisions of ORS 305.445 relating to judicial review by the Supreme Court and to subsection (2) of this section, 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 the tax laws of this state. For the purposes of this section, and except to the extent that they preclude the imposition of other taxes, the following are not tax laws of this state:

����� (a) ORS chapter 577 relating to Oregon Beef Council contributions.

����� (b) ORS 576.051 to 576.455 relating to commodity commission assessments.

����� (c) ORS chapter 477 relating to fire protection assessments.

����� (d) ORS chapters 731, 732, 733, 734, 737, 742, 743, 743A, 743B, 744, 746, 748 and 750 relating to insurance company fees and taxes.

����� (e) ORS chapter 473 relating to liquor taxes.

����� (f) ORS chapter 825 relating to motor carrier taxes.

����� (g) ORS chapter 319 relating to motor vehicle and aircraft fuel taxes and the road usage charges imposed under ORS 319.885.

����� (h) The Oregon Vehicle Code relating to motor vehicle and motor vehicle operators� license fees and ORS chapter 830 relating to boat licenses.

����� (i) ORS chapter 578 relating to Oregon Wheat Commission assessments.

����� (j) ORS chapter 462 relating to racing taxes.

����� (k) ORS chapter 657 relating to unemployment insurance taxes.

����� (L) ORS chapter 656 relating to workers� compensation contributions, assessments or fees.

����� (m) ORS 311.420,

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 126.700

126.700, 126.725 or 126.730.

����� (3) Notwithstanding any other provision of law, a minor may contract with a bank or financial institution to establish a bank account for the purpose of depositing payments or deliveries of moneys under ORS 126.700, 126.725 or 126.730. Such contract is binding upon the minor and cannot be voided or disaffirmed by the minor based upon the minor�s age or status as a minor.

����� (4) The consent of the minor�s parent or legal guardian, or of the person having legal custody of the minor, is not necessary to contract to establish a bank account under this section. The parent, legal guardian or person having legal custody of the minor shall not be liable under a contract by the minor for a bank account unless the parent, legal guardian or person having legal custody of the minor is a party to the minor�s contract. [2009 c.311 �3]

GIFTS TO MINORS

����� 126.805 Definitions for ORS 126.805 to 126.886. As used in ORS 126.805 to 126.886, except where the context otherwise requires:

����� (1) �Adult� means any person who has attained the age of 21 years.

����� (2) �Beneficiary� means a person for whose benefit a transfer has been made to a custodian.

����� (3) �Broker� means a person lawfully engaged in the business of effecting transactions in securities or commodities for the account of the person or for others.

����� (4) �Conservator� means a person appointed or qualified by a court to act as general, limited or temporary guardian of a beneficiary�s property or a person legally authorized to perform substantially the same functions.

����� (5) �Court� means circuit court.

����� (6) �Custodial property� includes:

����� (a) Any interest in property transferred to a custodian under ORS 126.805 to 126.886.

����� (b) The income from that interest in property.

����� (7) �Custodian� means the person designated as custodian under ORS 126.812 or a successor or substitute custodian designated under ORS 126.862.

����� (8) �Financial institution� means a financial institution as defined in ORS 706.008 or a trust company as defined in ORS 706.008.

����� (9) �Legal representative� means the personal representative or conservator.

����� (10) �Member of the beneficiary�s family� means the beneficiary�s parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole blood or the half blood or through legal adoption.

����� (11) �Minor� means any person who has not attained the age of 21 years.

����� (12) �Personal representative� means an executor, administrator, successor personal representative, or special administrator of a decedent�s estate or a person legally authorized to perform substantially the same functions.

����� (13) �State� includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.

����� (14) �Transfer� means a transaction that creates custodial property under ORS 126.832.

����� (15) �Transferor� means a person who makes a transfer under ORS 126.805 to 126.886.

����� (16) �Trust company� means a trust company as defined in ORS 706.008. [1959 c.640 �1; 1967 c.300 �1; 1973 c.827 �18; 1981 c.443 �1; 1983 c.457 �1; 1985 c.665 �1; 1997 c.631 �412; 2005 c.349 �1]

����� 126.809 Applicability of ORS 126.805 to 126.886; jurisdiction over custodian. (1) ORS 126.805 to 126.886 apply to a transfer that refers to ORS 126.805 to 126.886 in the designation under ORS 126.832 (1) by which the transfer is made if at the time of the transfer, the transferor, the beneficiary or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to ORS 126.805 to 126.886 despite a subsequent change in residence of a transferor, the beneficiary or the custodian or the removal of custodial property from this state.

����� (2) A person designated as custodian under ORS 126.805 to 126.886 is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

����� (3) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar Act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the beneficiary or the custodian is a resident of the designated state or the custodial property is located in the designated state. [1985 c.665 �3; 2005 c.349 �2]

����� 126.810 [1959 c.640 �2; 1967 c.300 �2; 1981 c.443 �2; repealed by 1985 c.665 �27]

����� 126.812 Nomination of custodian; effective date of custodianship and transfer of custodial property. (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: �As custodian for _____ (name of beneficiary) under the Oregon Uniform Transfers to Minors Act.� The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payer, issuer or other obligor of the contractual rights.

����� (2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under ORS 126.832 (1).

����� (3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under ORS 126.832. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to ORS 126.832. [1985 c.665 �4; 2005 c.349 �3]

����� 126.815 [1959 c.640 �3; 1967 c.300 �3; 1973 c.823 �110; 1981 c.443 �3; repealed by 1985 c.665 �27]

����� 126.816 Irrevocable gifts or exercise of power of appointment. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a beneficiary pursuant to ORS 126.832. [1985 c.665 �5; 2005 c.349 �4]

����� 126.817 [1983 c.457 �3; repealed by 1985 c.665 �27]

����� 126.819 Irrevocable transfer by personal representative or trustee to custodian. (1) A personal representative or trustee may make an irrevocable transfer pursuant to ORS 126.832 to a custodian for the benefit of a beneficiary as authorized in the governing will or trust.

����� (2) If the testator or settlor has nominated a custodian under ORS 126.812 to receive the custodial property, the transfer must be made to that person.

����� (3) If the testator or settlor has not nominated a custodian under ORS 126.812, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under ORS 126.832. [1985 c.665 �6; 2005 c.349 �5]

����� 126.820 [1959 c.640 �4; 1983 c.457 �4; repealed by 1985 c.665 �27]

����� 126.822 Transfer to custodian in absence of authorization. (1) Subject to subsection (3) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to ORS 126.832, in the absence of a will or under a will or trust that does not contain an authorization to do so.

����� (2) Subject to subsection (3) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to ORS 126.832.

����� (3) A transfer under subsection (1) or (2) of this section may be made only if:

����� (a) The personal representative, trustee or conservator considers the transfer to be in the best interest of the minor;

����� (b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and

����� (c) The transfer is authorized by the court if it exceeds $30,000 in value. [1985 c.665 �7; 2001 c.244 �3]

����� 126.825 [1959 c.640 �5; 1967 c.300 �4; 1981 c.443 �4; repealed by 1985 c.665 �27]

����� 126.826 Irrevocable transfer by person holding property of or owing liquidated debt to minor. (1) Subject to subsections (2) and (3) of this section, a person not subject to ORS 126.819 or 126.822 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to ORS 126.832.

����� (2) If a person having the right to do so under ORS 126.812 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.

����� (3) If no custodian has been nominated under ORS 126.812 or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor�s family or to a trust company unless the property exceeds $5,000 in value. [1985 c.665 �8]

����� 126.829 Written acknowledgment of delivery as receipt. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to ORS 126.805 to

ORS 128.336

128.336, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:

����� (a) Selecting an agent;

����� (b) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

����� (c) Periodically reviewing the agent�s actions in order to monitor the agent�s performance and compliance with the scope and terms of the delegation.

����� (2) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.

����� (3) An institution that complies with subsection (1) of this section is not liable for the decisions or actions of an agent to which the function was delegated.

����� (4) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.

����� (5) An institution may delegate management and investment functions to its committees, officers or employees as authorized by law of this state other than ORS 128.305 to 128.336. [2007 c.554 �4]

����� 128.328 Release or modification of restrictions on management, investment or purpose. (1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

����� (2) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, the restriction impairs the management or investment of the fund or, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor�s probable intention.

����� (3) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.

����� (4) If an institution determines that a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund is unlawful, impracticable, impossible to achieve or wasteful, the institution, within 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:

����� (a) The institutional fund subject to the restriction has a total value of less than $25,000;

����� (b) More than 20 years have elapsed since the fund was established; and

����� (c) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.

����� (5) The provisions of this section apply to property and other interests given by private donors as a gift to a public body, as defined by ORS 174.109, or to any instrumentality of a public body. This subsection does not limit any other authority that a public body or an instrumentality of a public body may have to release or modify a restriction contained in a gift instrument on the management, investment or purpose of funds. [2007 c.554 �5]

����� 128.330 [1975 c.707 �5; repealed by 2007 c.554 �11]

����� 128.332 Reviewing compliance. Compliance with ORS 128.305 to 128.336 is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. [2007 c.554 �6]

����� 128.334 Relation to Electronic Signatures in Global and National Commerce Act. ORS 128.305 to 128.336 modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede 15 U.S.C. 7001(a), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). [2007 c.554 �8]

����� 128.335 [1975 c.707 �6; repealed by 2007 c.554 �11]

����� 128.336 Uniformity of application and construction. In applying and construing ORS 128.305 to 128.336, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Prudent Management of Institutional Funds Act. [2007 c.554 �9]

����� 128.340 [1975 c.707 �7; repealed by 2007 c.554 �11]

����� 128.345 [1975 c.707 �8; repealed by 2007 c.554 �11]

����� 128.350 [1975 c.707 �10; repealed by 2007 c.554 �11]

����� 128.355 [1975 c.707 �9; repealed by 2007 c.554 �11]

����� 128.370 [2003 c.84 �1; 2005 c.348 �108; renumbered 130.520 in 2005]

����� 128.375 [2003 c.84 �2; 2005 c.348 �111; renumbered 130.530 in 2005]

����� 128.378 [2003 c.84 �3; 2005 c.348 �112; renumbered 130.535 in 2005]

����� 128.380 [2003 c.84 �4; renumbered 130.540 in 2005]

����� 128.382 [2003 c.84 �5; renumbered 130.545 in 2005]

����� 128.385 [2003 c.84 �6; 2005 c.348 �113; renumbered 130.550 in 2005]

����� 128.388 [2003 c.84 �7; 2005 c.348 �114; renumbered 130.555 in 2005]

����� 128.390 [2003 c.84 �8; 2005 c.348 �115; renumbered 130.560 in 2005]

����� 128.392 [2003 c.84 �9; renumbered 130.565 in 2005]

����� 128.395 [2003 c.84 �10; 2005 c.348 �116; renumbered 130.570 in 2005]

����� 128.397 [2003 c.84 �11; 2005 c.348 �117; renumbered 130.575 in 2005]

����� 128.398 [2003 c.84 �12; 2005 c.22 �99; 2005 c.348 �118; renumbered 130.240 in 2005]

����� 128.400 [1987 c.813 �3; 1997 c.631 �416; 2001 c.796 �7; renumbered 97.923 in 2001]

����� 128.405 [1987 c.813 �1; 2001 c.796 �16; renumbered 97.925 in 2001]

����� 128.407 [1987 c.813 �2; 2001 c.796 �17; renumbered 97.927 in 2001]

����� 128.410 [1953 c.639 �1; 1955 c.524 �1; 1959 c.691 �1; 1965 c.611 �14; 1967 c.359 �681; 1979 c.661 �1; repealed by 1987 c.813 �17]

����� 128.412 [1959 c.691 �2; 1967 c.359 �682; 1985 c.207 �23; 1987 c.813 �11; 1991 c.331 �43; 1997 c.631 �417; 1999 c.68 �1; 2001 c.796 �8; renumbered 97.929 in 2001]

����� 128.414 [1993 c.467 �3; 1995 c.325 �2; 2001 c.796 �9; renumbered 97.931 in 2001]

����� 128.415 [1953 c.639 �2; 1955 c.524 �2; 1959 c.691 �3; 1981 c.484 �1; 1985 c.207 �24; 1987 c.214 �1; 1987 c.813 �12; 1989 c.171 �14; 2001 c.796 �10; renumbered 97.937 in 2001]

����� 128.420 [1981 c.719 �9a; 1983 c.810 �26; 1987 c.158 �18b; repealed by 1987 c.813 �17]

����� 128.421 [1987 c.813 �4; 1989 c.1048 �3; 2001 c.796 �11; renumbered 97.939 in 2001]

����� 128.423 [1987 c.813 �5; 1989 c.1048 �1; 1995 c.720 �1; 2001 c.796 �12; renumbered 97.941 in 2001]

����� 128.425 [1987 c.813 �6; 1989 c.1048 �2; 1995 c.720 �2; 2001 c.796 �13; renumbered 97.943 in 2001]

����� 128.430 [1987 c.813 �7; 2001 c.796 �14; renumbered 97.944 in 2001]

����� 128.435 [1987 c.813 �8; 1995 c.144 �8; 2001 c.796 �15; renumbered 97.945 in 2001]

����� 128.440 [1987 c.813 �8a; 2001 c.796 �18; renumbered 97.946 in 2001]

����� 128.460 [1971 c.182 �1; repealed by 2005 c.348 �128]

����� 128.470 [1971 c.182 �2; repealed by 2005 c.348 �128]

����� 128.480 [1971 c.182 �3; repealed by 2005 c.348 �128]

����� 128.490 [1971 c.182 �4; repealed by 2005 c.348 �128]

����� 128.500 [1971 c.182 �5; repealed by 2005 c.348 �128]

EMPLOYEES� TRUSTS

����� 128.510 Definitions for ORS 128.520. As used in ORS 128.520, �employees� trust� means a trust of real or personal property forming part of a pension, profit sharing, stock bonus, annuity, disability or death benefit plan of an employer or group of employers for the benefit of the employees of the employer or group of employers, to which contributions are made by such employers or employees, or both, for the purpose of distributing income or principal, or both, to such employees or the beneficiaries of such employees. [1955 c.586 �1]

����� 128.520 Employees� trust may be in perpetuity; accumulation of income. An employees� trust may be permitted to accumulate for such time as may be necessary to accomplish the purpose for which it is created, and is not invalid as violating any rule of law against perpetuities or the suspension of the power of alienation of title to property. The income from any property held in an employees� trust may continue in perpetuity or in accordance with the terms of such trust, and the plan of which such trust forms a part, for such time as may be necessary to accomplish the purpose for which such trust is created. [1955 c.586 �2]

BUSINESS TRUSTS

����� 128.560 �Business trust� described. A �business trust� is any association, including a real estate investment trust, engaged in or operating a business under a written trust agreement or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares, other than a trust engaged solely in exercising the voting rights pertaining to corporate shares or other securities in accordance with the terms of a written instrument. [1971 c.491 �1]

����� 128.565 Business trust permitted. A business trust is permitted as a recognized form of association for the conduct of business within the State of Oregon. [1971 c.491 �2]

����� 128.570 Business trusts and trustees not subject to bank and trust company regulations. Neither a business trust nor the trustees of such trust are subject to the provisions of ORS chapters 706, 707 and 709. [1971 c.491 �3; 1997 c.631 �418]

����� 128.573 Forms; rules. Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed under ORS 128.560 to 128.600. The Secretary of State may by rule require the use of the forms. [1995 c.215 �23]

����� 128.575 Filing with Office of Secretary of State required; fees; amendments. (1) Any business trust desiring to do business in this state shall first submit to the Office of Secretary of State a copy of the trust instrument creating the trust and any subsequent amendments to the trust and a document setting forth:

����� (a) The business trust name and the state or country of formation;

����� (b) The names and addresses of the business trust�s trustees;

����� (c) The physical street address of the business trust�s registered office in this state, which must be a location at which process may be personally served on the registered agent and that may not be a commercial mail receiving agency, a mail forwarding business or a virtual office, and the name of the registered agent;

����� (d) A mailing address to which the Secretary of State may mail notices; and

����� (e) Any additional identifying information that the Secretary of State by rule may require.

����� (2) The filing described in subsection (1) of this section must be accompanied by the applicable filing fee.

����� (3) If the Secretary of State finds that the document contains the required information, the Secretary of State, when all fees have been paid, shall file the trust instrument and document and return an acknowledgment of filing to the sender.

����� (4) If a business trust amends a trust instrument, the business trust shall submit for filing a copy of the amendment to the Office of Secretary of State. The amendment must set forth:

����� (a) The name of the business trust as shown on the records of the Office of Secretary of State; and

����� (b) The information as changed. [1971 c.491 �4; 1973 c.367 �12; 1985 c.351 �21; 1985 c.728 �81a; 1987 c.94 �128; 1995 c.215 �24; 1999 c.486 �18; 2017 c.705 �30]

����� 128.580 Business trusts subject to certain corporate laws. Any business trust shall be subject to such provisions of law, now or hereafter enacted, with respect to domestic and foreign corporations, respectively, as relate to the issuance of securities, filing of required statements or reports, service of process, general grants of power to act, right to sue and be sued, limitation of individual liability of shareholders and rights to acquire, mortgage, sell, lease, operate and otherwise to deal in real and personal property. Except as otherwise provided in its trust agreement or declaration of trust, or any amendments thereto, any business trust shall also be subject to the other provisions of ORS chapter 60 and other rights and duties existing under the common law and statutes of this state applicable to domestic and foreign corporations. Title to any real or personal property may be held in the name of the trust, one or more of the trustees or any other person as nominee. [1971 c.491 �5; 1973 c.367 �13; 1979 c.208 �6; 1987 c.94 �99]

����� 128.585 Personal liability of trustees, shareholders or beneficiaries of business trust. The trustees, shareholders or beneficiaries of a business trust shall not, as such, be personally liable for any obligations of such business trust arising after June 25, 1971. Persons becoming trustees, shareholders or beneficiaries after June 25, 1971, shall not be personally liable, as such, for obligations of the business trust existing on June 25, 1971. [1971 c.491 �6; 1973 c.367 �14]

����� 128.590 Filing of trust instrument as conclusive evidence of compliance with laws; exception. For purposes of ORS 128.585, filing of the trust instrument by the Secretary of State shall be conclusive evidence that all conditions precedent required to be performed by the business trust have been complied with and that the business trust is authorized to do business in this state, except as against this state in a proceeding to cancel or revoke the filing for violations of the provisions of ORS 128.580. [1971 c.491 �7; 1985 c.728 �82]

����� 128.595 Annual report; due date; content; notice of requirement; effect of failure to file. (1) A business trust by the trust�s anniversary date shall deliver to the office of the Secretary of State for filing an annual report accompanied by the annual fee.

����� (2) The annual report must contain:

����� (a) The name of the business trust and the state or country under the law of which the business trust is formed;

����� (b) The names and addresses of the business trust�s trustees;

����� (c) The physical street address of the business trust�s registered office in this state, which must be a location at which process may be personally served on the registered agent and which may not be a commercial mail receiving agency, a mail forwarding business or a virtual office, and the name of the trust�s registered agent at the registered office;

����� (d) A mailing address to which the Secretary of State may mail notices;

����� (e) A description of the primary business activity of the business trust; and

����� (f) Any additional identifying information that the Secretary of State may require by rule.

����� (3) The annual report must be on forms prescribed and furnished by the Secretary of State. The information contained in the annual report must be current as of 30 days before the anniversary of the business trust.

����� (4) The Secretary of State shall mail the report form to any address shown for the business trust in the current records of the office of the Secretary of State. The business trust�s failure to receive the report form from the Secretary of State does not relieve the business trust of the trust�s duty under this section to deliver a report to the office.

����� (5) If the Secretary of State finds the report conforms to the requirements of this section, the Secretary of State shall file the report.

����� (6) If the Secretary of State finds that the annual report does not conform to the requirements of this section, the Secretary of State shall return the report to the business trust. The business trust shall correct the annual report and return the corrected report to the Secretary of State within 45 days after the Secretary of State returns the report.

����� (7) If a business trust has not filed the report by the reporting date or has not filed a corrected report within the 45-day period, the Secretary of State shall send to the business trust a final notice advising that a report has not been filed and the Secretary of State, therefore, assumes that the business trust is no longer active unless a report is filed within 45 days after the mailing of the final notice.

����� (8) Not less than 45 days after the mailing date of the final notice specified in subsection (7) of this section, the Secretary of State may assume and note on the records of the Secretary of State that the business trust is inactive. [Formerly 128.075; 1983 c.717 �29; 1985 c.351 �22; 1985 c.728 �82b; 1987 c.94 �130; 1987 c.843 �18; 1993 c.190 �17; 1995 c.215 �25; 2007 c.186 �17; 2011 c.147 �25; 2013 c.158 �33; 2017 c.705 �31]

����� 128.597 Inactivation of business trust. The Secretary of State may commence a proceeding to inactivate the trust instrument of a business trust if:

����� (1) The business trust does not pay when due any fees imposed by ORS 128.560 to 128.600;

����� (2) The business trust does not deliver its annual report to the Secretary of State when due;

����� (3) The business trust is without a registered agent or registered office in this state;

����� (4) The business trust does not notify the Secretary of State that its registered agent or registered office has been changed, that its registered agent has resigned or that its registered office has been discontinued; or

����� (5) The business trust�s period of duration stated in the trust instrument expires. [1995 c.215 �27]

����� 128.599 Reinstatement of business trust following inactivation. (1) A business trust that the Secretary of State inactivated under ORS 128.597 may apply to the Secretary of State for reinstatement within five years from the date of inactivation. The application must state:

����� (a) The name of the business trust and effective date of the business trust�s administrative inactivation; and

����� (b) That the ground or grounds for inactivation either did not exist or have been eliminated.

����� (2) If the Secretary of State determines that the application contains the information required by subsection (1) of this section, that the information is correct and that the business trust�s name satisfies the requirements of ORS 60.094, the Secretary of State shall reinstate the business trust.

����� (3) When effective, the reinstatement relates back to and takes effect as of the effective date of the administrative inactivation and the business trust is considered to resume carrying on the business trust�s business as if the administrative inactivation had never occurred.

����� (4) The Secretary of State may waive the requirement under subsection (1) of this section that the business trust apply for reinstatement within five years after the date of administrative inactivation if the business trust requests the waiver and provides evidence of the business trust�s continued existence as an active concern during the period of administrative inactivation. [1995 c.215 �28; 2011 c.147 �26]

����� 128.600 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 ORS 128.560 to 128.600 and for process served on the secretary under ORS

ORS 129.385

129.385 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in ORS 129.215 (3) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in ORS 129.215 (4) and may be released for the reasons and in the manner described in ORS 129.215 (5). An allocation is presumed to be insubstantial if:

����� (1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or

����� (2) The value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust�s assets at the beginning of the accounting period. [2003 c.279 �17]

����� 129.355 UPIA 409. Deferred compensation, annuities and similar payments. (1) In this section, the following terms have the following meanings:

����� (a) �Payment� means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments. The term includes a payment made in money or property from the payer�s general assets or from a separate fund created by the payer. For purposes of subsections (4), (5), (6) and (7) of this section, the term also includes any payment from any separate fund, regardless of the reason for the payment.

����� (b) �Separate fund� includes a private or commercial annuity, an individual retirement account and a pension, profit-sharing, stock-bonus or stock-ownership plan.

����� (2) Except as provided in subsection (8) of this section, to the extent that a payment is characterized as interest, a dividend or a payment made in lieu of interest or a dividend, a trustee shall allocate that portion of the payment to income. The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend or an equivalent payment.

����� (3) Except as provided in subsection (8) of this section, if no part of a payment is characterized as interest, a dividend or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10 percent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal. For purposes of this subsection, a payment is not required to be made to the extent that it is made because the trustee exercises a right of withdrawal.

����� (4) Except as provided in subsection (5) of this section, subsections (6) and (7) of this section apply, and subsections (2) and (3) of this section do not apply, in determining the allocation of a payment made from a separate fund to either of the following:

����� (a) A trust for which an election has been made to qualify for a marital deduction under 26 U.S.C. 2056(b)(7), as in effect on June 9, 2011; or

����� (b) A trust that qualifies for the marital deduction under 26 U.S.C. 2056(b)(5), as in effect on June 9, 2011.

����� (5) Subsections (4), (6) and (7) of this section do not apply in determining the allocation of a series of payments made from a separate fund if and to the extent that the series of payments would, without the application of subsection (4) of this section, qualify for the marital deduction under 26 U.S.C. 2056(b)(7)(C), as in effect on June 9, 2011.

����� (6) Except as provided in subsection (7) of this section, a trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to this chapter. Upon request of the surviving spouse, the trustee shall demand that the person administering the separate fund distribute the internal income to the trust. The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance of the payment to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period.

����� (7) If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal four percent of the fund�s value, according to the most recent statement of value preceding the beginning of the accounting period. If the trustee can determine neither the internal income of the separate fund nor the fund�s value, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under 26 U.S.C. 7520, as in effect on June 9, 2011, for the month preceding the accounting period for which the computation is made.

����� (8)(a) An increase in value of the following obligations over the value of the obligations at the time of acquisition by the trust is distributable as income:

����� (A) A zero coupon security.

����� (B) A deferred annuity contract surrendered wholly or partially before annuitization.

����� (C) A life insurance contract surrendered wholly or partially before the death of the insured.

����� (D) Any other obligation for the payment of money that is payable at a future time in accordance with a fixed, variable or discretionary schedule of appreciation in excess of the price at which it was issued.

����� (b) For purposes of this subsection, the increase in value of an obligation is available for distribution only when the trustee receives cash on account of the obligation. If the obligation is surrendered or partially liquidated, the cash available must be attributed first to the increase. The increase is distributable to the income beneficiary who is the beneficiary at the time the cash is received.

����� (9) This section does not apply to a payment to which ORS 129.360 applies. [2003 c.279 �18; 2011 c.307 �1]

����� Note: Section 2, chapter 307, Oregon Laws 2011, provides:

����� Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 129.355 by section 1 of this 2011 Act apply to the determination of the allocation of payments from separate funds made on or after January 1, 2011.

����� (2) The amendments to ORS 129.355 by section 1 of this 2011 Act apply to the determination of the allocation of payments from separate funds made on or after the death of the grantor if:

����� (a) The trust established by the grantor is not funded on or before January 1, 2011; or

����� (b) The trust established by the grantor is first funded in calendar year 2011. [2011 c.307 �2]

����� 129.360 UPIA 410. Liquidating asset. (1) In this section, �liquidating asset� means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to ORS 129.355, resources subject to ORS 129.365, timber subject to ORS 129.370, an activity subject to ORS 129.380, an asset subject to ORS 129.385 or any asset for which the trustee establishes a reserve for depreciation under ORS 129.410.

����� (2) A trustee shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal. [2003 c.279 �19]

����� 129.365 UPIA 411. Minerals, water and other natural resources. (1) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:

����� (a) If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income.

����� (b) If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal.

����� (c) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, 90 percent must be allocated to principal and the balance to income.

����� (d) If an amount is received from a working interest or any other interest not provided for in paragraph (a), (b) or (c) of this subsection, 90 percent of the net amount received must be allocated to principal and the balance to income.

����� (2) An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, 90 percent of the amount must be allocated to principal and the balance to income.

����� (3) This chapter applies whether or not a decedent or donor was extracting minerals, water or other natural resources before the interest became subject to the trust.

����� (4) If a trust owns an interest in minerals, water or other natural resources on January 1, 2004, the trustee may allocate receipts from the interest as provided in this chapter or in the manner used by the trustee before January 1, 2004. If the trust acquires an interest in minerals, water or other natural resources after January 1, 2004, the trustee shall allocate receipts from the interest as provided in this chapter. [2003 c.279 �20]

����� 129.370 UPIA 412. Timber. (1) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts:

����� (a) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest;

����� (b) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;

����� (c) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in paragraphs (a) and (b) of this subsection; or

����� (d) To principal to the extent that advance payments, bonuses and other payments are not allocated pursuant to paragraph (a), (b) or (c) of this subsection.

����� (2) In determining net receipts to be allocated pursuant to subsection (1) of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion.

����� (3) This chapter applies whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust.

����� (4) If a trust owns an interest in timberland on January 1, 2004, the trustee may allocate net receipts from the sale of timber and related products as provided in this chapter or in the manner used by the trustee before January 1, 2004. If the trust acquires an interest in timberland after January 1, 2004, the trustee shall allocate net receipts from the sale of timber and related products as provided in this chapter. [2003 c.279 �21]

����� 129.375 UPIA 413. Property not productive of income. (1) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under ORS 129.215 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time or exercise the power conferred by ORS 129.215 (1). The trustee may decide which action or combination of actions to take.

����� (2) In cases not governed by subsection (1) of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period. [2003 c.279 �22]

����� 129.380 UPIA 414. Derivatives and options. (1) In this section, �derivative� means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.

����� (2) To the extent that a trustee does not account under ORS 129.308 for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

����� (3) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, must be allocated to principal. [2003 c.279 �23]

����� 129.385 UPIA 415. Asset-backed securities. (1) In this section, �asset-backed security� means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which ORS 129.300 or 129.355 applies.

����� (2) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

����� (3) If a trust receives one or more payments in exchange for the trust�s entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust�s interest in the security over more than one accounting period, the trustee shall allocate 10 percent of the payment to income and the balance to principal. [2003 c.279 �24]

ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST

����� 129.400 UPIA 501. Disbursements from income. (1) A trustee shall make the following disbursements from income to the extent that they are not disbursements to which ORS 129.250 (2)(b) or (c) applies:

����� (a) Except as provided in subsection (2) of this section, one-half of the regular compensation of the trustee;

����� (b) Except as provided in subsection (2) of this section, one-half of the regular compensation of any person providing investment advisory or custodial services to the trustee;

����� (c) One-half of all expenses for accountings, judicial proceedings or other matters that involve both the income and remainder interests;

����� (d) All of the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal and expenses of a proceeding or other matter that concerns primarily the income interest; and

����� (e) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.

����� (2)(a) If, in the reasonable judgment of the trustee, charging all or a part of the trustee�s regular compensation or the regular compensation of any person providing investment advisory or custodial services to the trustee to principal is impracticable because of lack of sufficient cash and readily marketable assets or inadvisable because of the nature of the principal assets, the trustee may pay all or part of the trustee�s regular compensation or the regular compensation of any person providing investment advisory or custodial services to the trustee out of income. Income of the trust is not entitled to reimbursement from principal for payments under this paragraph.

����� (b) If, in the reasonable judgment of the trustee, charging all or part of the trustee�s regular compensation or the regular compensation of any person providing investment advisory or custodial services to the trustee to income is impracticable because of the lack of sufficient income, or in order to provide increased income to the beneficiary, the trustee may pay all or part of the trustee�s regular compensation or the regular compensation of any person providing investment advisory or custodial services to the trustee out of principal.

����� (3) Notwithstanding subsection (1) of this section, during the lifetime of the settlor of a revocable trust, the trustee may charge trust expenses, including the trustee�s compensation, as directed by the settlor. [2003 c.279 �25; 2017 c.81 �1]

����� 129.405 UPIA 502. Disbursements from principal. (1) A trustee shall make the following disbursements from principal:

����� (a) The remaining portions of the disbursements described in ORS 129.400 (1)(a) to (c);

����� (b) All of the trustee�s compensation calculated on principal as a fee for acceptance, distribution or termination and disbursements made to prepare property for sale;

����� (c) Payments on the principal of a trust debt;

����� (d) Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;

����� (e) Premiums paid on a policy of insurance not described in ORS 129.400 (1)(e) of which the trust is the owner and beneficiary;

����� (f) Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust; and

����� (g) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties and defending claims based on environmental matters.

����� (2) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation. [2003 c.279 �26; 2017 c.81 �2]

����� 129.410 UPIA 503. Transfers from income to principal for depreciation. (1) In this section, �depreciation� means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year.

����� (2) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:

����� (a) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

����� (b) During the administration of a decedent�s estate; or

����� (c) Under this section if the trustee is accounting under ORS 129.308 for the business or activity in which the asset is used.

����� (3) An amount transferred to principal need not be held as a separate fund. [2003 c.279 �27]

����� 129.415 UPIA 504. Transfers from income to reimburse principal. (1) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

����� (2) Principal disbursements to which subsection (1) of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:

����� (a) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;

����� (b) A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;

����� (c) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements and broker�s commissions;

����� (d) Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and

����� (e) Disbursements described in ORS 129.405 (1)(g).

����� (3) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (1) of this section. [2003 c.279 �28]

����� 129.420 UPIA 505. Income taxes. (1) A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.

����� (2) A tax required to be paid by a trustee based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.

����� (3) A tax required to be paid by a trustee on the trust�s share of an entity�s taxable income must be paid:

����� (a) From income to the extent that receipts from the entity are allocated only to income;

����� (b) From principal to the extent that receipts from the entity are allocated only to principal;

����� (c) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

����� (d) From principal to the extent that the tax exceeds the total receipts from the entity.

����� (4) After applying subsections (1) to (3) of this section, the trustee shall adjust income or principal receipts to the extent that the trust�s taxes are reduced because the trust receives a deduction for payments made to a beneficiary. [2003 c.279 �29; 2011 c.307 �3]

����� 129.425 UPIA 506. Adjustments between principal and income because of taxes. (1) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from:

����� (a) Elections and decisions, other than those described in subsection (2) of this section, that the fiduciary makes from time to time regarding tax matters;

����� (b) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or

����� (c) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust or a beneficiary.

����� (2) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust or beneficiary are decreased, each estate, trust or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income. [2003 c.279 �30]

UNIFORMITY OF APPLICATION

����� 129.450 UPIA 601. Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2003 c.279 �31]

ORS 129.405

129.405 to the extent that the will, the terms of the trust or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent that the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on or after the date of a decedent�s death or an income interest�s terminating event, and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed. [2003 c.279 �5; 2011 c.526 �23]

����� 129.255 UPIA 202. Distribution to residuary and remainder beneficiaries. (1) Each beneficiary described in ORS 129.250 (4) is entitled to receive a portion of the net income equal to the beneficiary�s fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date.

����� (2) In determining a beneficiary�s share of net income, the following rules apply:

����� (a) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary�s fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.

����� (b) The beneficiary�s fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust.

����� (c) The beneficiary�s fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.

����� (d) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.

����� (3) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

����� (4) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset. [2003 c.279 �6]

APPORTIONMENT AT BEGINNING AND END OF INCOME INTEREST

����� 129.270 UPIA 301. When right to income begins and ends. (1) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.

����� (2) An asset becomes subject to a trust:

����� (a) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor�s life;

����� (b) On the date of a testator�s death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator�s estate; or

����� (c) On the date of an individual�s death in the case of an asset that is transferred to a fiduciary by a third party because of the individual�s death.

����� (3) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (4) of this section, even if there is an intervening period of administration to wind up the preceding income interest.

����� (4) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income. [2003 c.279 �7]

����� 129.275 UPIA 302. Apportionment of receipts and disbursements when decedent dies or income interest begins. (1) A trustee shall allocate an income receipt or disbursement other than one to which ORS 129.250 (1) applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.

����� (2) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income.

����� (3) An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an entity to which ORS 129.300 applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. [2003 c.279 �8]

����� 129.280 UPIA 303. Apportionment when income interest ends. (1) In this section, �undistributed income� means net income received before the date on which an income interest ends. The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.

����� (2) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary�s share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal.

����� (3) When a trustee�s obligation to pay a fixed annuity or a fixed fraction of the value of the trust�s assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate or other tax requirements. [2003 c.279 �9]

ALLOCATION OF RECEIPTS DURING ADMINISTRATION OF TRUST

(Receipts From Entities)

����� 129.300 UPIA 401. Character of receipts. (1) In this section, �entity� means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund or any other organization in which a trustee has an interest other than a trust or estate to which ORS 129.305 applies, a business or activity to which ORS 129.308 applies or an asset-backed security to which ORS

ORS 131A.005

131A.005. [2015 c.493 �2]

����� 135.280 Arrest warrant; forfeiture. (1) Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, conditional or security release.

����� (2) A warrant issued under subsection (1) of this section by a municipal judge may be executed by any peace officer authorized to execute arrest warrants.

����� (3) If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. Notice of the order of forfeiture shall be given forthwith by personal service, by mail or by such other means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of the sureties the order of forfeiture. If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter judgment for the state, or appropriate political subdivision thereof, against the defendant and, if applicable, the sureties for the entire security amount set under ORS 135.265 and the costs of the proceedings. At any time before or after entry of the judgment, the defendant or the sureties may apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court, upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the judgment as in other criminal cases, except the portion of the security deposit that the court ordered to be applied to child support under subsection (4) of this section, as the court considers reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the amount deposited under ORS 135.265 is available for a reasonable period of time for disposition under subsection (4) of this section.

����� (4) After entry of a judgment for the state, the court, upon a motion filed under ORS 25.715, may order that a portion of the security deposit be applied to any unsatisfied child support award owed by the defendant and to provide security for child support payments in accordance with ORS 25.230. The portion of the security deposit that may be applied to the child support award:

����� (a) Is limited to the amount deposited under ORS 135.265 (2);

����� (b) May not exceed 66 percent of the entire security amount set under ORS 135.265 if the deposit has been made under ORS 135.265 (3); and

����� (c) Does not reduce the money award in the judgment entered under subsection (3) of this section that is owed to the state.

����� (5) When judgment is entered in favor of the state, or any political subdivision of the state, on any security given for a release, the judgment may be enforced as a judgment in a civil action. If entered in circuit court, the judgment shall be entered in the register, and the clerk of the court shall note in the register that the judgment creates a judgment lien. The district attorney, county counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff to be executed by levy on the deposit or security amount made in accordance with ORS 135.265, or may collect the judgment as otherwise provided by law. The proceeds of any execution or collection shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or paid over as directed by the State Court Administrator for deposit in the Criminal Fine Account, if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The provisions of this section shall not apply to amounts deposited upon appearance under ORS 153.061.

����� (6) When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is, by virtue of the judgment alone and without requiring further execution, forfeited to and may be kept by the state or its appropriate political subdivision. Except as provided in subsection (4) of this section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the judgment and shall cause the amount on deposit to be transferred to the revenue account of the state or political subdivision thereof entitled to receive the proceeds of execution under this section.

����� (7) The stocks, bonds, personal property and real property shall be sold in the same manner as in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment shall be paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or deposited in the General Fund available for general governmental expenses if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The balance shall be returned to the owner. The real property sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions. [1973 c.836 �155; 1981 s.s. c.3 �113; 1983 c.763 �45; 1987 c.710 �1; 1987 c.905 �15; 1995 c.658 �74; 1997 c.801 �64; 1999 c.1051 �250; 2001 c.705 �2; 2001 c.829 �10b; 2003 c.576 �161; 2005 c.700 �5; 2011 c.597 �41]

����� 135.285 Modification of release decision. If circumstances concerning the defendant�s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release. [1973 c.836 �156; 1995 c.658 �75; 2013 c.151 �3]

����� 135.290 Punishment by contempt of court. (1) A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to report the defendant�s breach is punishable by contempt.

����� (2) A defendant may be punished by contempt if the defendant knowingly:

����� (a) Breaches any of the regulations in the release agreement imposed pursuant to ORS 135.260; or

����� (b) Violates an order entered under ORS 135.247. [1973 c.836 �157; 2011 c.232 �2]

����� 135.295 Application of ORS 135.230 to 135.290 to certain traffic offenses. Provision for release contained in ORS 135.230 to 135.290 shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the following:

����� (1) Reckless driving under ORS 811.140.

����� (2) Driving while under the influence of intoxicants under ORS 813.010.

����� (3) Failure to perform the duties of a driver under ORS 811.700 or 811.705.

����� (4) Criminal driving while suspended or revoked under ORS 811.182.

����� (5) Fleeing or attempting to elude a police officer under ORS 811.540. [1974 c.35 �1; 1981 c.818 �3; 1983 c.338 �888; 1987 c.730 �5; 1991 c.208 �3]

����� Note: Sections 1 and 2, chapter 61, Oregon Laws 2025, provide:

����� Sec. 1. Pretrial release study. (1) The Oregon Criminal Justice Commission shall study pretrial release practices and outcomes in Oregon.

����� (2) When performing the study described in subsection (1) of this section, the commission shall examine the following:

����� (a) Aggregate data related to the pretrial phase of criminal proceedings;

����� (b) Data regarding failures to appear for court hearings;

����� (c) Demographic data of the pretrial release populations; and

����� (d) Other data the commission deems relevant to pretrial proceedings, processes, practices and outcomes.

����� (3) The commission shall submit a report detailing the results of the study to the interim committees of the Legislative Assembly related to the judiciary in the manner provided under ORS 192.245 no later than May 1, 2027. The report shall contain data aggregated at both the statewide and countywide level for each subject described in subsection (2) of this section.

����� (4) The Judicial Department shall assist the commission in the performance of the study and, to the extent permitted by laws related to confidentiality, shall provide to the commission any information the commission considers necessary to perform the study.

����� (5) Data reported pursuant to this section may only be used for statistical purposes and not for any other purpose, and the data reports may not contain information that reveals the identity of any individual. Data collected by government agencies or held by the commission pursuant to this section that may reveal the identity of any individual is exempt from public disclosure in any manner. [2025 c.61 �1]

����� Sec. 2. Section 1 of this 2025 Act is repealed on January 2, 2028. [2025 c.61 �2]

PLEADINGS

(Defendant�s Answer Generally)

����� 135.305 Types of answer. If the defendant does not require time, as provided in ORS 135.380, or if the defendant does, then on the next day or at such further day as the court may have allowed the defendant, the defendant may, in answer to the arraignment, move against the accusatory instrument or demur or plead thereto. [Formerly

ORS 133.721

133.721.

����� (20) The residence address of an elector if authorized under ORS 247.965 and subject to ORS 247.967.

����� (21) The following records, communications and information submitted to a housing authority as defined in ORS 456.005, or to an urban renewal agency as defined in ORS 457.010, by applicants for and recipients of loans, grants and tax credits:

����� (a) Personal and corporate financial statements and information, including tax returns;

����� (b) Credit reports;

����� (c) Project appraisals, excluding appraisals obtained in the course of transactions involving an interest in real estate that is acquired, leased, rented, exchanged, transferred or otherwise disposed of as part of the project, but only after the transactions have closed and are concluded;

����� (d) Market studies and analyses;

����� (e) Articles of incorporation, partnership agreements and operating agreements;

����� (f) Commitment letters;

����� (g) Project pro forma statements;

����� (h) Project cost certifications and cost data;

����� (i) Audits;

����� (j) Project tenant correspondence requested to be confidential;

����� (k) Tenant files relating to certification; and

����� (L) Housing assistance payment requests.

����� (22) Records or information that, if disclosed, would allow a person to:

����� (a) Gain unauthorized access to buildings or other property;

����� (b) Identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, services; or

����� (c) Disrupt, interfere with or gain unauthorized access to public funds or to information processing, communication or telecommunication systems, including the information contained in the systems, that are used or operated by a public body.

����� (23) Records or information that would reveal or otherwise identify security measures, or weaknesses or potential weaknesses in security measures, taken or recommended to be taken to protect:

����� (a) An individual;

����� (b) Buildings or other property;

����� (c) Information processing, communication or telecommunication systems, including the information contained in the systems; or

����� (d) Those operations of the Oregon State Lottery the security of which are subject to study and evaluation under ORS 461.180 (6).

����� (24) Personal information held by or under the direction of officials of the Oregon Health and Science University or a public university listed in ORS 352.002 about a person who has or who is interested in donating money or property to the Oregon Health and Science University or a public university, if the information is related to the family of the person, personal assets of the person or is incidental information not related to the donation.

����� (25) The home address, professional address and telephone number of a person who has or who is interested in donating money or property to a public university listed in ORS 352.002.

����� (26) Records of the name and address of a person who files a report with or pays an assessment to a commodity commission established under ORS 576.051 to 576.455, the Oregon Beef Council created under ORS 577.210 or the Oregon Wheat Commission created under ORS 578.030.

����� (27) Information provided to, obtained by or used by a public body to authorize, originate, receive or authenticate a transfer of funds, including but not limited to a credit card number, payment card expiration date, password, financial institution account number and financial institution routing number.

����� (28) Social Security numbers as provided in ORS 107.840.

����� (29) The electronic mail address of a student who attends a public university listed in ORS 352.002 or Oregon Health and Science University.

����� (30) The name, home address, professional address or location of a person that is engaged in, or that provides goods or services for, medical research at Oregon Health and Science University that is conducted using animals other than rodents. This subsection does not apply to Oregon Health and Science University press releases, websites or other publications circulated to the general public.

����� (31) If requested by a public safety officer, as defined in ORS 181A.355, or a county juvenile department employee who is charged with and primarily performs duties related to the custody, control or supervision of adjudicated youths confined in a detention facility, as defined in ORS 419A.004:

����� (a) The home address and home telephone number of the public safety officer or county juvenile department employee contained in the voter registration records for the officer or employee.

����� (b) The home address and home telephone number of the public safety officer or county juvenile department employee contained in records of the Department of Public Safety Standards and Training.

����� (c) The name of the public safety officer or county juvenile department employee contained in county real property assessment or taxation records. This exemption:

����� (A) Applies only to the name of the officer or employee and any other owner of the property in connection with a specific property identified by the officer or employee in a request for exemption from disclosure;

����� (B) Applies only to records that may be made immediately available to the public upon request in person, by telephone or using the Internet;

����� (C) Applies until the officer or employee requests termination of the exemption;

����� (D) Does not apply to disclosure of records among public bodies as defined in ORS 174.109 for governmental purposes; and

����� (E) May not result in liability for the county if the name of the officer or employee is disclosed after a request for exemption from disclosure is made under this subsection.

����� (32) Unless the public records request is made by a financial institution, as defined in ORS

ORS 137.930

137.930 (1). [1977 c.195 �4; 1979 c.505 �1; 2003 c.759 ��9,10; 2007 c.223 �6; 2008 c.19 �16; 2008 c.31 �4; 2009 c.60 �1; 2013 c.304 �13; 2013 c.433 �2; 2015 c.128 �2; 2015 c.357 �4; 2015 c.528 �3; 2017 c.145 �1; 2019 c.193 �2; 2021 c.305 �2; 2021 c.486 �5; 2021 c.305 �3]

����� 646.608 Additional unlawful business, trade practices; proof; rules. (1) A person engages in an unlawful practice if in the course of the person�s business, vocation or occupation the person does any of the following:

����� (a) Passes off real estate, goods or services as the real estate, goods or services of another.

����� (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services.

����� (c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another.

����� (d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services.

����� (e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have.

����� (f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

����� (g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another.

����� (h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.

����� (i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

����� (j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions.

����� (k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred.

����� (L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers.

����� (m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling.

����� (n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611.

����� (o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction.

����� (p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service.

����� (q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised.

����� (r) Organizes or induces or attempts to induce membership in a pyramid club.

����� (s) Makes false or misleading representations of fact concerning the offering price of, or the person�s cost for real estate, goods or services.

����� (t) Concurrent with tender or delivery of any real estate, goods or services, fails to disclose any known material defect or material nonconformity.

����� (u) Engages in any other unfair or deceptive conduct in trade or commerce.

����� (v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640, whether in a commercial or noncommercial situation.

����� (w) Manufactures mercury fever thermometers.

����� (x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is:

����� (A) Prescribed by a person licensed under ORS chapter 677; and

����� (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur.

����� (y) Sells a thermostat that contains mercury, unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature.

����� (z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches.

����� (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430.

����� (bb) Violates ORS

ORS 163A.010

163A.010, 163A.015, 163A.020 or 163A.025 resides in the area. [1999 c.732 �2; 2001 c.300 �73; 2011 c.271 �24; 2013 c.708 �28]

����� Note: 696.880 was added to and made a part of ORS chapter 696 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

DUTIES OF REAL ESTATE PROPERTY MANAGERS

����� 696.890 Duties of real estate property managers. (1) As used in this section:

����� (a) �Management of rental real estate� has the meaning given that term in ORS 696.010.

����� (b) �Property management agreement� has the meaning given that term in ORS 696.010.

����� (c) �Real estate property manager� has the meaning given that term in ORS 696.010.

����� (2) A real estate property manager who represents a property owner, for compensation, in the management of rental real estate is the property owner�s agent.

����� (3) A real estate property manager may engage in the management of rental real estate for an owner of rental real estate only pursuant to a property management agreement.

����� (4) A real estate property manager owes the property owner the following affirmative duties:

����� (a) To deal honestly and in good faith;

����� (b) To disclose material facts known by the property manager and not apparent or readily ascertainable to the owner;

����� (c) To exercise reasonable care and diligence;

����� (d) To account in a timely manner for all funds received from or on behalf of the owner;

����� (e) To act in a fiduciary manner in all matters relating to trust funds;

����� (f) To be loyal to the owner by not taking action that is adverse or detrimental to the owner�s interest;

����� (g) To disclose in a timely manner to the owner any existing or contemplated conflict of interest;

����� (h) To advise the owner to seek expert advice on matters that are beyond the property manager�s expertise; and

����� (i) To maintain as confidential all information from or about the owner, except under subpoena or court order, even after the agency relationship ends.

����� (5) The affirmative duties listed in subsection (4) of this section may not be waived.

����� (6) Nothing in this section implies a duty beyond or in addition to those activities that are reasonably within the scope of the management of rental real estate. [2011 c.158 �1; 2013 c.145 �2]

����� Note: 696.890 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PENALTIES

����� 696.990 Penalties. (1) Violation of any provision of ORS 696.010 to 696.130, 696.200, 696.205, 696.241 to 696.375, 696.392, 696.395 to 696.430, 696.490, 696.600 to 696.785 and

ORS 166.450

166.450, 166.460 and 166.470, is guilty of a Class B felony. [Amended by 1979 c.779 �5; 1987 c.320 �89; 1989 c.839 �23; 1995 c.729 �7; 2001 c.666 ��34,46; 2003 c.14 ��66,67; 2003 c.614 �9]

����� 166.412 Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules. (1) As used in this section:

����� (a) �Antique firearm� has the meaning given that term in 18 U.S.C. 921;

����� (b) �Department� means the Department of State Police;

����� (c) �Firearm� has the meaning given that term in ORS 166.210, except that it does not include an antique firearm;

����� (d) �Firearms transaction record� means the firearms transaction record required by 18 U.S.C. 921 to 929;

����� (e) �Firearms transaction thumbprint form� means a form provided by the department under subsection (11) of this section;

����� (f) �Gun dealer� means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise;

����� (g) �Purchaser� means a person who buys, leases or otherwise receives a firearm or unfinished frame or receiver from a gun dealer; and

����� (h) �Unfinished frame or receiver� has the meaning given that term in ORS 166.210.

����� (2) Except as provided in subsection (12) of this section, a gun dealer shall comply with the following before a firearm or unfinished frame or receiver is delivered to a purchaser:

����� (a) The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this section and a valid permit issued under ORS 166.505.

����� (b) The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.

����� (c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer�s copy of the firearms transaction record to be filed with that copy.

����� (d) The gun dealer shall, by telephone or computer, verify that the purchaser has a valid permit-to-purchase a firearm issued under ORS 166.505, and request that the department conduct a criminal history record check on the purchaser and shall provide the following information to the department:

����� (A) The federal firearms license number of the gun dealer;

����� (B) The business name of the gun dealer;

����� (C) The place of transfer;

����� (D) The name of the person making the transfer;

����� (E) The make, model, caliber and manufacturer�s number of the firearm being transferred or a description of the unfinished frame or receiver being transferred;

����� (F) The name and date of birth of the purchaser;

����� (G) The Social Security number of the purchaser if the purchaser voluntarily provides this number to the gun dealer; and

����� (H) The type, issuer and identification number of the identification presented by the purchaser.

����� (e) The gun dealer shall receive a unique approval number for the transfer from the department and record the approval number on the firearms transaction record and on the firearms transaction thumbprint form.

����� (f) The gun dealer may destroy the firearms transaction thumbprint form five years after the completion of the firearms transaction thumbprint form.

����� (3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer�s telephone call or by return call:

����� (A) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 from completing the purchase; and

����� (B) Notify the gun dealer when a purchaser is disqualified from completing the transfer or provide the gun dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.

����� (b) If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within 30 minutes, the department shall notify the gun dealer and provide the gun dealer with an estimate of the time when the department will provide the requested information.

����� (c) The dealer may not transfer the firearm or unfinished frame or receiver unless the dealer receives a unique approval number from the department and, within 48 hours of completing the transfer, the dealer shall notify the state that the transfer to the permit holder was completed.

����� (4)(a) Identification required of the purchaser under subsection (2) of this section shall include one piece of current identification bearing a photograph and the date of birth of the purchaser that:

����� (A) Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and

����� (B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.

����� (b) If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. The Superintendent of State Police may specify by rule the type of identification that may be presented under this paragraph.

����� (c) The department may require that the gun dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the department.

����� (5) The department shall establish a telephone number that shall be operational seven days a week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from gun dealers for a criminal history record check under this section.

����� (6) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section provided the employee, official or agency acts in good faith and without malice.

����� (7)(a) The department may retain a record of the information obtained during a request for a criminal history record check for no more than five years, except for the information provided to the dealer under subsection (2)(d) of this section, sufficient to reflect each firearm or unfinished frame or receiver purchased by a permit holder, which must be attached to the electronic record of the permit stored by the department. The department may develop a system for removal of the information in subsection (2)(d)(E) of this section, upon proof of sale or transfer of the firearm or unfinished frame or receiver to another permit holder and for recording of the information to reflect the transfer of ownership to the permit of the new owner.

����� (b) The record of the information obtained during a request for a criminal history record check by a gun dealer is exempt from disclosure under public records law.

����� (c) If the department determines that a purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the department shall report the attempted transfer, the purchaser�s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted transfer was made and where the purchaser resides.

����� (d) If the department determines that, based on the judgment of conviction, the purchaser is prohibited from possessing a firearm as a condition of probation or that the purchaser is currently on post-prison supervision or parole, the department shall report the attempted transfer to the purchaser�s supervising officer and the district attorney of the county in which the conviction occurred.

����� (e) If the department determines that the purchaser is prohibited from possessing a firearm due to a court order described in ORS 166.255 (1)(a), the department shall report the attempted transfer to the court that issued the order.

����� (f) If the department determines that the purchaser is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted transfer to the board.

����� (g) Reports required by paragraphs (c) to (f) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

����� (h) On or before January 31 of each year, a law enforcement agency or a prosecuting attorney�s office that received a report pursuant to paragraph (c) of this subsection during the previous calendar year shall inform the department of any action that was taken concerning the report and the outcome of the action.

����� (i) The department shall annually publish a written report, based on any information received under paragraph (h) of this subsection, detailing the following information for the previous year:

����� (A) The number of purchasers whom the department determined were prohibited from possessing a firearm under ORS 166.250 (1)(c), arranged by category of prohibition;

����� (B) The number of reports made pursuant to paragraph (c) of this subsection;

����� (C) The number of investigations arising from the reports made pursuant to paragraph (c) of this subsection, the number of investigations concluded and the number of investigations referred for prosecution, all arranged by category of prohibition; and

����� (D) The number of criminal charges arising from the reports made pursuant to paragraph (c) of this subsection and the disposition of the charges, both arranged by category of prohibition.

����� (8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms and unfinished frames or receivers with the consent of a gun dealer in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.

����� (9) When a firearm is delivered, it shall be unloaded.

����� (10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State Police may adopt rules necessary for:

����� (a) The design of the firearms transaction thumbprint form;

����� (b) The maintenance of a procedure to correct errors in the criminal records of the department;

����� (c) The provision of a security system to identify gun dealers that request a criminal history record check under subsection (2) of this section; and

����� (d) The creation and maintenance of a database of the business hours of gun dealers.

����� (11) The department shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on application at cost.

����� (12) This section does not apply to transactions between persons licensed as dealers under 18 U.S.C. 923.

����� (13)(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a criminal background check pursuant to ORS 166.435 or 166.438 and may charge a reasonable fee for providing the service.

����� (b) A gun dealer that requests a criminal background check under this subsection is immune from civil liability for any use of the firearm or unfinished frame or receiver by the recipient or transferee, provided that the gun dealer requests the criminal background check as described in this section and also provided that the dealer verifies that the recipient has a valid permit-to-purchase the firearm or unfinished frame or receiver and the dealer has received a unique approval number from the department indicating successful completion of the background check.

����� (14) Knowingly selling or delivering a firearm or unfinished frame or receiver to a purchaser or transferee who does not have a valid permit-to-purchase a firearm in violation of subsection (2)(d) of this section, or prior to receiving a unique approval number from the department based on the criminal background check in violation of subsection (3)(c) of this section, is a Class A misdemeanor. [1995 c.729 �1; 2001 c.900 �25; 2009 c.595 �114; 2009 c.826 �17; 2015 c.50 �4; 2018 c.5 �4; 2018 c.120 �15; 2023 c.1 �6; 2023 c.229 �7]

����� Note: Section 10, chapter 1, Oregon Laws 2023, provides:

����� Sec. 10. ORS 166.503, 166.505 and 166.508 and the amendments to ORS 166.412, 166.435, 166.436 and 166.438 by sections 6 to 9, chapter 1, Oregon Laws 2023, apply to firearm transfers conducted on or after March 15, 2026. [2023 c.1 �10; 2025 c.594 �6]

����� Note: See second note under 166.355.

����� Note: 166.412 to 166.421 were enacted into law by the Legislative Assembly but were 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.

����� Note: See third note under 166.355.

����� Note: See fourth note under 166.355.

����� 166.414 Fees for conducting criminal history record checks. (1) The Department of State Police may adopt a fee schedule for criminal history record checks required under ORS

ORS 166.508

166.508:

����� (1) �Criminal background check� has the same meaning given to this term in ORS 166.432 (1)(a) to (e).

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

����� (3) �Gun dealer� means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise.

����� (4) �Permit� or �permit-to-purchase� means an authorization issued to a person to purchase or acquire a firearm, provided all other requirements at the time of purchase or acquisition are met.

����� (5) �Permit agent� means a county sheriff or police chief with jurisdiction over the residence of the person making an application for a permit-to-purchase, or their designees.

����� (6) �Transfer� has the meaning given that term in ORS 166.435 (1)(a).

����� (7) �Transferor� means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee. [2023 c.1 �3]

����� Note: See first note under 166.412.

����� Note: See second note under 166.355.

����� Note: See third note under 166.355.

����� Note: See fourth note under 166.355.

����� 166.505 Permits to purchase firearms; rules. (1)(a) A person may apply for a permit-to-purchase a firearm or firearms under this section to the police chief or county sheriff with jurisdiction over the residence of the person making the application, or their designees, hereinafter referred to as �permit agent.�

����� (b) A person is qualified to be issued a permit-to-purchase under this section if the person:

����� (A) Is not prohibited from purchasing or acquiring a firearm under state or federal law, including but not limited to successfully completing a criminal background check as described under paragraph (e) of this subsection;

����� (B) Is not the subject of an order described in ORS 166.525 to 166.543;

����� (C) Does not present reasonable grounds for a permit agent to conclude that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant�s mental or psychological state or as demonstrated by the applicant�s past pattern of behavior involving unlawful violence or threats of unlawful violence;

����� (D) Provides proof of completion of a firearm safety course as defined in subsection (8) of this section; and

����� (E) Pays the fee described in subsection (3)(b) of this section.

����� (c) An application for a permit under this section must state the applicant�s legal name, current address and telephone number, date and place of birth, physical description, and any additional information determined necessary by department rules. The application must be signed by the applicant in front of the permit agent.

����� (d) The permit agent shall verify the applicant�s identity with a government-issued form of identification bearing a photograph of the applicant.

����� (e) The applicant must submit to fingerprinting and photographing by the permit agent. The permit agent shall fingerprint and photograph the applicant and shall conduct any investigation necessary to determine whether the applicant meets the qualifications described in paragraph (b) of this subsection. The permit agent shall request the department to conduct a criminal background check, including but not limited to a fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal background check and may not keep any record of the fingerprints. Upon completion of the criminal background check and determination of whether the permit applicant is qualified or disqualified from purchasing or otherwise acquiring a firearm the department shall report the results, including the outcome of the fingerprint-based criminal background check, to the permit agent.

����� (2)(a) If during the background check, the department determines that:

����� (A) A purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the department shall report the attempted application for a permit, the purchaser�s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted application for a permit was made and where the permit applicant resides.

����� (B) Based on the judgment of conviction, the permit applicant is prohibited from possessing a firearm as a condition of probation or that the permit applicant is currently on post-prison supervision or parole, the department shall report the attempted application for a permit to the permit applicant�s supervising officer and the district attorney of the county in which the conviction occurred.

����� (C) The permit applicant is prohibited from possessing a firearm due to a court order described in ORS 166.255 (1)(a), the department shall report the attempted application for a permit to the court that issued the order.

����� (D) The permit applicant is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted application for a permit to the board.

����� (b) Reports required by paragraph (a)(A) to (D) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

����� (c) On or before January 31 of each year, beginning in 2024, the department shall annually publish a report indicating for each county the number of applications made to any permit agent, the number of permits-to-purchase issued and the number of permits-to-purchase denied and the reasons for denial. The department may, by rule, include any additional information that it determines would be helpful to ensuring the permit-to-purchase process is being administered in a consistent and equitable manner.

����� (3)(a) Within 30 days of receiving an application for a permit under this section, if the permit agent has verified the applicant�s identity and determined that the applicant has met each of the qualifications described in subsection (1)(b) of this section, the permit agent shall issue the permit-to-purchase.

����� (b) The permit agent may charge a reasonable fee reflecting the actual cost of the process but shall not exceed $65, including the cost of fingerprinting, photographing and obtaining a criminal background check.

����� (4)(a) The department shall develop:

����� (A) A standardized application form for a permit under this section; and

����� (B) A form in quadruplicate for use by permit agents in issuing permits under this section.

����� (b) The issuing permit agent shall maintain a copy of each permit issued under this section.

����� (c) The person named in a permit shall:

����� (A) Maintain a copy of the permit as long as the permit is valid.

����� (B) Present a copy of the permit to the gun dealer or transferor of a firearm when required under ORS 166.412, 166.435, 166.436 or 166.438.

����� (5)(a) The permit agent shall report the issuance of a permit under this section to the department, and shall provide to the department a copy of the permit and any information necessary for the department to maintain an electronic searchable database of all permits issued under this section. A permit agent revoking a permit shall report the revocation to the department at the time that notice of the revocation has been sent to the permit holder.

����� (b) The department shall maintain the electronic database described in paragraph (a) of this subsection by ensuring that new permits are added to the database, renewed permits are assigned a new expiration date, and expired or revoked permits are marked expired or revoked but retained in the database.

����� (6)(a) A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.

����� (b) A permit-to-purchase issued under this section is not a limit on the number of firearms the permit holder may purchase or acquire during the time period when the permit is valid.

����� (7)(a) A permit-to-purchase issued under this section is valid for five years from the date of issuance, unless revoked.

����� (b) A person may renew an unexpired permit issued under this section by repeating the procedures set forth in subsection (1) of this section, except:

����� (A) A full fingerprint set does not need to be taken again if the original set has been retained by the permit agent or is otherwise available; and

����� (B) The training course does not need to be completed, provided the course previously taken fully complies with each of the requirements set forth in subsection (8) of this section.

����� (c) The permit agent may charge a reasonable fee for renewal of the permit, reflecting the actual cost of the process but shall not exceed $50, including the cost of obtaining a criminal background check and photographing.

����� (8) As used in this section, �proof of completion of a firearm safety course� means the following:

����� (a) Proof of completion of any firearms training course or class available to the general public that is offered by law enforcement, a community college, or a private or public institution or organization or firearms training school utilizing instructors certified by a law enforcement agency, and that includes the components set forth in paragraph (c) of this subsection; or

����� (b) Proof of completion of any law enforcement firearms training course or class that is offered for security guards, investigators, reserve law enforcement officers, or any other law enforcement officers, and that includes the components set forth in paragraph (c) of this subsection;

����� (c) A firearms training course or class required for issuance of a permit-to-purchase must include:

����� (A) Review of federal and state laws in place at the time of the class and other safe practices related to ownership, purchase, transfer, use and transportation of firearms;

����� (B) Review of federal and state safe storage laws in place at the time of the class and other safe practices related to safe storage, including reporting lost and stolen guns;

����� (C) Prevention of abuse or misuse of firearms, including the impact of homicide and suicide on families, communities and the country as a whole; and

����� (D) In-person demonstration of the applicant�s ability to lock, load, unload, fire and store a firearm before an instructor certified by a law enforcement agency. This requirement may be met separately from the other course requirements in subparagraphs (A), (B) and (C) of this paragraph, which may be completed in an online course, provided the online course has been conducted by a trainer certified by law enforcement.

����� (d) Proof of successful completion of a training course in order to meet the requirements for a concealed handgun license issued under ORS 166.291 and 166.292 may be submitted for a permit as a substitute for the requirements in paragraph (c) of this subsection, provided the completed course included each of the components set forth in paragraph (c) of this subsection.

����� (9) The department may adopt rules to carry out the provisions of this section. [2023 c.1 �4]

����� Note: See first note under 166.412.

����� Note: See second note under 166.355.

����� Note: See third note under 166.355.

����� Note: See fourth note under 166.355.

����� 166.508 Denial of application; revocation; petition to circuit court. (1) If the application for the permit-to-purchase is denied, the permit agent shall set forth in writing the reasons for the denial. The denial shall be placed in the mail to the applicant by certified mail, restricted delivery, within 30 days after the application was made. If no decision is issued within 30 days, the person may seek review under the procedures in subsection (5) of this section.

����� (2) Notwithstanding ORS 166.505 (1) to (3), and subject to review as provided in subsection (5) of this section, a permit agent may deny a permit-to-purchase if the permit agent has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant�s mental or psychological state or as demonstrated by the applicant�s past pattern of behavior involving unlawful violence or threats of unlawful violence.

����� (3)(a) Any act or condition that would prevent the issuance of a permit-to-purchase is cause for revoking a permit-to-purchase.

����� (b) A permit agent may revoke a permit by serving on the permittee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the permit holder. The revocation is effective upon the permit holder�s receipt of the notice.

����� (4) Any peace officer or corrections officer may seize a permit-to-purchase and return it to the issuing permit agent if the permit is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a permit. The issuing permit agent shall hold the permit for 30 days. If the person is not charged with a crime within the 30 days, the permit agent shall return the permit unless the permit agent revokes the permit as provided in subsection (3) of this section.

����� (5) A person denied a permit-to-purchase or whose permit is revoked or not renewed may petition the circuit court in the petitioner�s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of the denial or revocation.

����� (6) The judgment affirming or overturning the permit agent�s decision shall be based on whether the petitioner meets the criteria that are used for issuance of a permit-to-purchase and, if the petitioner was denied a permit, whether the permit agent has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously sentenced for a crime under ORS

ORS 174.113

174.113 and the legislative department as defined in ORS 174.114:

����� (a) May hold copyrights and obtain patents on copyrightable or patentable data processing programs, information or materials that the Secretary of State, State Treasurer, judicial department or legislative department develops, publishes or produces.

����� (b) May cause to have sold, leased or otherwise made available the data processing programs, information or materials to any agency, judicial body or legislative body of any unit of local government, any state or the federal government under terms and conditions to which the Secretary of State, State Treasurer, judicial department or legislative department agrees.

����� (3) Except as provided in this subsection, moneys that a state agency collected under subsection (1) of this section, less expenses that the state agency incurred in developing, producing and distributing software and in training software users, must be deposited in the General Fund and are available for general governmental purposes. If the resources that a state agency expended for the activities described in subsection (1) of this section came from fees or assessments that the state agency charged and collected, the state agency shall deposit the net proceeds of moneys collected under subsection (1) of this section into the same accounts into which the state agency deposits the fees or assessments. The state agency shall use the moneys to reduce the fees or assessments the state agency charges to the extent permitted by law.

����� (4) Except as provided in this subsection, moneys that the Secretary of State, State Treasurer, judicial department or legislative department collected under subsection (2) of this section, less expenses that the Secretary of State, State Treasurer, judicial department or legislative department incurred in developing, producing and distributing software and in training software users, must be deposited in the General Fund and are available for general governmental purposes. If the resources that the Secretary of State, State Treasurer, judicial department or legislative department expended for the activities described in subsection (2) of this section came from fees or assessments that the secretary, treasurer, judicial department or legislative department charged and collected, the secretary, treasurer, judicial department or legislative department shall deposit the net proceeds of moneys collected under subsection (2) of this section into the same accounts into which the secretary, treasurer, judicial department or legislative department deposits the fees or assessments. The Secretary of State, State Treasurer, judicial department or legislative department shall use the moneys to reduce the fees or assessments the secretary, treasurer, judicial department or legislative department charges to the extent permitted by law.

����� (5) As used in this section:

����� (a) �Data processing programs� means software programs and other automated means for processing data.

����� (b) �State agency� has the meaning given that term in ORS 291.002. [1979 c.740 �3; 1993 c.18 �56; 1995 c.452 �22; 2013 c.481 �1; 2015 c.807 �43]

����� Note: See note under 291.040.

����� 291.044 State agency quarterly report of employee pay-line exceptions. (1) For each calendar quarter, a state agency shall report to the Oregon Department of Administrative Services the number of state agency employees during the preceding calendar quarter who received a pay-line exception and the amount of each pay-line exception. For each calendar quarter, the department shall compile the results of the state agency reports and submit the results to the Legislative Fiscal Officer.

����� (2) As used in this section:

����� (a) �Pay-line exception� means any dollar amount added to the base salary of an employee, including, but not limited to, as a percentage of the base salary or as a specified dollar amount.

����� (b) �State agency� has the meaning given that term in ORS 291.263. [2013 c.722 �65]

����� Note: 291.044 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 291 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PUBLIC CONTRACT APPROVAL

����� 291.045 Definitions for ORS 291.045 and 291.047. As used in this section and ORS 291.047:

����� (1) �Information technology� includes, but is not limited to, all present and future forms of hardware, software and services for data processing, office automation and telecommunications.

����� (2) �State agency� includes every state officer, board, commission, department, institution, branch or agency of the state government, whose costs are paid wholly or in part from funds held in the State Treasury, except the Legislative Assembly, the courts and their officers and committees.

����� (3) �Public contract� means any acquisition, disposition, purchase, lease, sale or transfer of rights by a state agency of real or personal property, public improvements or services.

����� (4) �Public improvement� means projects for construction, reconstruction or renovation on real property by or for a state agency. [1997 c.869 �4; 2003 c.449 �22; 2023 c.281 ��53,87]

����� 291.047 Public contract approval by Attorney General; exemptions; rules. (1) The Attorney General shall approve for legal sufficiency all personal services contracts, all architectural and engineering services contracts and all information technology contracts calling for payment in excess of $75,000 entered into by a state agency before any such contract becomes binding on the State of Oregon and before any service may be performed or payment may be made under the contract.

����� (2) The Attorney General shall approve for legal sufficiency all public contracts not subject to subsection (1) of this section that are entered into by a state agency and that provide for payment in excess of $100,000 before any such contract becomes binding on the State of Oregon and before any service may be performed or payment may be made under the contract.

����� (3) The Attorney General shall impose by rule requirements necessary to carry out the provisions of this section. The rules must include, but are not limited to, a requirement that state agencies submit to the Attorney General procurement and other contract documents for review of the anticipated contract before the state agency publicly advertises a procurement of goods or services if the anticipated contract is reasonably expected to require review for legal sufficiency. A state agency may request that the Attorney General assist the agency in developing requests for proposals, invitations to bid and requests for qualifications or information that are suitable to the needs of the agency.

����� (4) The Attorney General may exempt by rule classes of contracts from the requirements of this section if the Attorney General determines that legal review of individual contracts within the class will not materially reduce the degree of risk that state agencies assume under the contracts.

����� (5) The Attorney General may, by rule, set forth a process to exempt contracts or classes of contracts from the requirements of this section if:

����� (a) The contract is substantially composed of forms, terms or conditions that the Attorney General has preapproved; or

����� (b) Circumstances exist that create a substantial risk of loss, damage, interruption of services or threat to public health or safety and that require prompt execution of a contract to deal with the risk.

����� (6) Notwithstanding subsections (1) and (2) of this section, the Attorney General may authorize services to be performed under a contract described in subsection (1) or (2) of this section before approval for legal sufficiency if the Attorney General determines that the authorization will not result in undue risk to this state. An authorization under this subsection must be limited to specific classes of contracts or to contracts for specific agency programs. The Attorney General may condition an authorization on a finding by the Director of the Oregon Department of Administrative Services, or a designee of the director, the State Chief Information Officer, or a designee of the State Chief Information Officer, or by any other agency with a role in approving such contracts that the contract administration practices of the requesting agency are adequate to manage the proposed contract and that the mission of the agency will be significantly impaired without such authorization. [1997 c.869 �2; 1999 c.264 �1; 2015 c.807 �44]

����� 291.049 Ratification of public contract when performance begun prior to contract approval; conditions; effects; rules. (1) If the parties to a public contract perform under the contract before the contract is approved for legal sufficiency by the Attorney General as required under ORS 291.047 and section 3, chapter 869, Oregon Laws 1997, the agency may ratify the public contract if the Attorney General determines that the contract is legally sufficient prior to ratification. As a condition for approval, the Attorney General may require that the contract be amended as necessary to make the contract legally sufficient.

����� (2) Upon approval of the public contract for legal sufficiency and ratification of the public contract by a state agency under this section, the public contract is effective and the state agency may make payments on the ratified public contract even if the payments are for services rendered prior to ratification.

����� (3) The Attorney General may adopt rules to implement this section. [1999 c.264 �2]

����� Note: 291.049 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 291 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

AGENCY FEE RESTRICTIONS

����� 291.050 Definitions for ORS 291.050 to 291.060. As used in ORS 291.050 to 291.060:

����� (1) �Fee� means an amount imposed and collected by a state agency to defray or recover the costs of administering the law involved in providing a service to the public and used by the state agency to carry out or enforce a law under its jurisdiction. �Fee� does not include:

����� (a) Fines, civil penalties or court judgments.

����� (b) Proceeds from the sale of products or charges for rents, leases or other real estate transactions.

����� (c) Interest and other charges for bonding and loan transactions.

����� (d) Charges levied by one state agency on another state agency.

����� (e) Copying charges for public records as defined in ORS 192.311.

����� (f) Charges for attendance at informational seminars.

����� (2) �Legislatively adopted budget� has the meaning given that term in ORS 291.002.

����� (3) �Legislatively approved budget� has the meaning given that term in ORS 291.002.

����� (4) �Products� means goods and publications purchased voluntarily that have a commercial value. �Products� does not include licenses or permits issued by state agencies.

����� (5) �State agency� means every state officer, board, commission, department, institution, branch or agency of the state government that is subject to the provisions of ORS

ORS 18.993

18.993, a certificate holder, as defined in ORS 18.960, is solely liable for all assessments that come due during the redemption period.

����� (5) For purposes of ORS 94.550 to 94.783, when the redemption period described in ORS 18.964 ends and the claimant has not redeemed the lot, the certificate holder is deemed the owner of a lot sold by execution sale, without regard to whether the certificate holder has caused the sheriff to execute and deliver a deed under ORS 18.985. [1999 c.677 �32; 2003 c.569 �18; 2015 c.120 �5]

����� 94.715 [Repealed by 1971 c.478 �1]

����� 94.716 Lien against two or more lots; release. If a lien against two or more lots of the planned community becomes due, whether the lien is perfected before or after establishment of the planned community, the owner of an affected lot may pay the lienholder the portion of the lien attributable to the lot. Upon receipt of payment, the lienholder promptly shall deliver to the owner a release of the lien as to that lot. The amount of the payment shall be proportionate to the ratio which that owner�s common expense liability bears to the common expense liabilities of all owners whose lots are subject to the lien. After payment, the association may not assess or have a lien against that owner�s lot for any portion of the common expense liability representing the lien. This section applies to all liens except a mortgage. [1981 c.782 �45]

����� 94.719 Lien foreclosure; other legal action by declarant, association or owner; attorney fees. In any suit or action brought by a homeowners association to foreclose its lien or to collect delinquent assessments or in any suit or action brought by the declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of ORS 94.550 to 94.783 or the 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. [1999 c.677 �33; 2001 c.756 �23; 2007 c.409 �17]

����� 94.720 [Repealed by 1971 c.478 �1]

����� 94.723 Common expenses; liability of first mortgagee. If a first mortgagee acquires a lot in a planned community by foreclosure or deed in lieu of foreclosure, the mortgagee and subsequent purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser. [1981 c.782 �46; 1999 c.677 �27]

����� 94.725 [Repealed by 1971 c.478 �1]

����� 94.728 Taxation of lots and common property. (1) Each lot in a planned community constitutes for all purposes a separate parcel of real estate and shall be separately taxed and assessed.

����� (2) No separate tax or assessment may be levied against any common property which a declarant has reserved no right to develop into additional lots.

����� (3) The declarant alone is liable for payment of taxes or assessments on any portion of the common property of a planned community in which the declarant has reserved the right to develop the property into additional lots, until the right terminates or expires, or is exercised, abandoned or relinquished.

����� (4) If the right described under subsection (3) of this section terminates or expires or is abandoned or relinquished before July 1 of any year, no tax or assessment shall be imposed against the portion of the common property so affected for the next tax year beginning on July 1. [1981 c.782 �34]

����� 94.730 [Repealed by 1971 c.478 �1]

����� 94.733 Easements held by owner of lot and by declarant; homeowners association access to lots. (1) Subject to ORS 94.665, each owner of a lot has an easement through the common property:

����� (a) For access to the owner�s lot; and

����� (b) For use of the common property consistent with the declaration and the bylaws.

����� (2) Except as provided in the declaration, a declarant has an easement through the common property as may be necessary for discharging the declarant�s obligations or exercising any special declarant right.

����� (3) If an encroachment results from construction, reconstruction, repair, shifting, settlement or movement of any portion of the planned community, an easement for the encroachment exists to the extent that any lot or common property encroaches on any other lot or common property. An easement continues for maintaining the encroachment so long as the encroachment exists. Nothing in this section relieves an owner of liability in case of the owner�s willful misconduct or relieves a declarant or any other person of liability for failure to adhere to the plat of the planned community.

����� (4)(a) Upon request given to the owner and any occupant, any person authorized by a homeowners association may enter a lot:

����� (A) To perform necessary maintenance, repair or replacement of any property for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or ORS 94.550 to 94.783; or

����� (B) To make emergency repairs to a lot that are necessary for the public safety or to prevent damage to common property or to another lot.

����� (b) Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create a right of action in the owner of the lot. [1981 c.782 �33; 2009 c.641 �16]

����� 94.740 [1981 c.782 �74; repealed by 1999 c.677 �72]

����� 94.745 [1981 c.782 �78; repealed by 1999 c.677 �72]

����� 94.750 [1981 c.782 �76; 1983 c.740 �8; repealed by 1999 c.677 �72]

����� 94.755 [1981 c.782 �82; repealed by 1999 c.677 �72]

(Miscellaneous)

����� 94.760 Promotional material showing possible improvements. If a declarant makes no commitment in the declaration to build an improvement or specifically states in the declaration that the declarant makes no commitment either to build or not to build the improvement, no person may display or deliver promotional material to prospective purchasers which describes or portrays the improvement unless the description or portrayal is conspicuously labeled �POSSIBLE Improvement.� [1981 c.782 �79]

����� 94.761 Legislative findings regarding electric vehicle charging stations. (1) The Legislative Assembly finds and declares that:

����� (a) The purpose of ORS 94.762 is to facilitate the installation of an electric vehicle charging station by an owner in a planned community for the owner�s personal residential use.

����� (b) Oregon courts have identified the following factors in determining whether personal property is a fixture:

����� (A) Whether the personal property is physically annexed to the real property;

����� (B) Whether the personal property is specifically adapted to the property; and

����� (C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.

����� (c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.

����� (2) Unless an owner and the homeowners association, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 94.762 on or before June 4, 2015, is deemed to be the personal property of the owner of the lot with which the charging station is associated. [2015 c.249 �2]

����� 94.762 Electric vehicle charging stations. (1) Notwithstanding contrary provisions of a declaration or bylaws of a planned community:

����� (a) An owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the owner, in compliance with the requirements of this section, in a parking space, on a lot or in any other area subject to the exclusive use of the owner.

����� (b) A homeowners association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.

����� (2) When the owner complies or agrees to comply with the requirements of this section, a homeowners association, or a declarant in lieu of the association, shall approve a completed application within 60 days after the owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.

����� (3) A homeowners association:

����� (a) May require an owner to submit an application before installing a charging station.

����� (b) May require the charging station to meet the architectural standards of the planned community.

����� (c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

����� (d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.

����� (4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act, at a minimum, as a journeyman electrician.

����� (5) The owner is responsible for:

����� (a) All costs associated with installation and use of the charging station, including:

����� (A) The cost of electricity associated with the charging station; and

����� (B) The cost of damage to common property and to areas subject to the exclusive use of other owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

����� (b) Disclosure to a prospective buyer of the lot of the existence of the charging station and the related responsibilities of the owner under this section.

����� (6) If the homeowners association reasonably determines that the cumulative use of electricity in the planned community attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the planned community a sufficient supply of electricity, the association may assess the cost of the additional improvements against the lot of each owner that has installed, or will install, a charging station.

����� (7) Unless the owner and the homeowners association, or the declarant in lieu of the association, negotiate a different outcome:

����� (a) A charging station installed under this section is deemed to be the personal property of the owner of the lot with which the charging station is associated; and

����� (b) The owner must remove the charging station and restore the premises to the condition before installation of the charging station before the owner may transfer ownership of the lot, unless the prospective buyer of the lot accepts ownership of the charging station and all rights and responsibilities that apply to the charging station under this section.

����� (8)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.

����� (b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, and the owner of the lot owns the charging station, the owner shall:

����� (A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and

����� (B) Name the homeowners association as a named additional insured under the policy with a right to notice of cancellation of the policy.

����� (9) In any action between an owner and a homeowners association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 �3; 2015 c.249 �3]

����� 94.763 Association use of pesticides on lots; notice to owners; owner opt out. (1) As used in this section, �pesticide� has the meaning given that term in ORS 634.006.

����� (2) A homeowners association must provide, upon an owner�s request, notice to the owner of:

����� (a) The dates and times that the association plans to apply a pesticide to the owner�s property; and

����� (b) The means by which the owner may exclude the owner�s property from the application of the pesticide under subsection (3) of this section.

����� (3) An association may not require an owner to apply a pesticide and shall allow any owner to exclude the owner�s property from the landscaping activities of the association that include application of a pesticide, except to the extent a pesticide or other pest management practice is necessary to manage or prevent a pest issue that could harm ecological or public health.

����� (4) An owner�s exclusion from the application of a pesticide under subsection (3) of this section is an assumption of the landscaping responsibility by the owner, and the association may enforce against the responsible owner reasonable standards for landscaping that allow for consistent appearances within the community.

����� (5) A provision in a governing document inconsistent with this section is against the policy of this state to support public health, safety and welfare and is void and unenforceable. [2021 c.64 �2]

����� 94.764 Changes or actions that require approval or consent of mortgagee. (1) Notwithstanding a contrary provision of a declaration or bylaws of a homeowners association, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request.

����� (2) The request must:

����� (a) Be in writing.

����� (b) Name the mortgagor.

����� (c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 or by address.

����� (d) Identify the mortgage by loan number or reference to the county recording office and date of recording and recording index numbers of the mortgage.

����� (e) Be delivered to the mortgagee by certified or registered mail, return receipt requested. [2011 c.532 �6]

����� 94.765 [1981 c.782 �81; repealed by 1999 c.677 �72]

����� 94.770 Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration�s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65. (1) The rule against perpetuities may not be applied to defeat any provision of the declaration, or any bylaws or rules adopted under ORS 94.630.

����� (2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS

ORS 180.545

180.545.

����� (2) Every state agency shall cooperate with the Department of Justice in carrying out its functions under this section.

����� (3) To assist in carrying out chapter 753, Oregon Laws 1971, there is created in the department a Consumer Advisory Council.

����� (a) The Consumer Advisory Council shall consist of seven members appointed by the Attorney General, two of whom shall represent business, two of whom shall represent labor, and three of whom shall represent voluntary consumer agencies.

����� (b) The members of the council shall be entitled to compensation and expenses computed as provided in ORS 292.495.

����� (c) All meetings of the council shall be open and public and all persons shall be permitted to attend any meeting of the council. [1981 c.320 �3; 1985 c.587 ��5,8; 1993 c.744 �40]

����� Note: 180.520 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Plain Language Review of Consumer Contracts)

����� 180.540 Review of consumer contracts for conformity with plain language standards. (1) Except as provided in subsection (2) of this section, a seller or extender of credit may submit to the Department of Justice a consumer contract issued by the seller or extender of credit for the purpose of obtaining review of the consumer contract for the consumer contract�s compliance with plain language standards in ORS 180.545.

����� (2) For the purpose of obtaining a review of a consumer contract for the consumer contract�s compliance with plain language standards in ORS 180.545, if a consumer contract:

����� (a) Is an insurance policy, the seller or extender of credit issuing the policy may submit the policy to the Director of the Department of Consumer and Business Services.

����� (b) Is an agreement for a loan or other extension of credit in which the extender of credit is an insured institution, as defined in ORS 706.008, the extender of credit under the agreement may submit the agreement to the Director of the Department of Consumer and Business Services.

����� (c) Is an agreement for a loan or other extension of credit in which the extender of credit is a credit union, as that term is defined in ORS 723.006, or a licensee under ORS chapter 725, the extender of credit under the agreement may submit the agreement to the Director of the Department of Consumer and Business Services.

����� (3) For purposes of this section, a consumer contract is a written contract made in the course of a consumer transaction to the value of $50,000, excluding interest or finance charges, in which the contract involves any of the following, primarily for personal, family or household use:

����� (a) Real estate, goods or services as defined in ORS 646.605.

����� (b) Any extension of credit, including the lending of money. [1985 c.587 ��1,6,9; 1997 c.631 �421; 2009 c.541 �5]

����� Note: 180.540 to 180.555 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 180.545 Plain language standards; approval; fees. (1) The agency to whom a consumer contract is submitted under ORS 180.540 shall review the contract to determine whether it complies with plain language standards. A consumer contract complies with plain language standards if it:

����� (a) Uses words that convey meanings clearly and directly;

����� (b) Uses the present tense and active voice whenever possible;

����� (c) Primarily uses simple sentences;

����� (d) Defines only those words that cannot be properly explained or qualified in the text;

����� (e) Explains at the beginning that the form is a contract between parties;

����� (f) Uses margins adequate for ease in reading; and

����� (g) Uses frequent section headings, in a narrative format, to help locate provisions.

����� (2) If the agency determines that the consumer contract complies with the standards in subsection (1) of this section, the agency shall certify to that effect to the seller or extender of credit who submitted the contract for review.

����� (3) An agency reviewing contracts under this section shall charge a reasonable fee for reviewing each consumer contract. The agency may require payment of the fee when the contract is submitted for review. Fees received under this section shall be disposed of as follows:

����� (a) Fees received by the Department of Justice shall be credited to the Department of Justice Operating Account.

����� (b) Fees received by the Director of the Department of Consumer and Business Services shall be credited to the Consumer and Business Services Fund. [1985 c.587 ��2,7,10]

����� Note: See note under 180.540.

����� 180.550 Compliance statement. A seller or extender of credit may state the following on a consumer contract determined by the reviewing agency to comply with the plain language standards under ORS 180.545: �The form of this contract meets Oregon plain language guidelines.� [1985 c.587 �3]

Note: See note under 180.540.

����� 180.555 Exemptions; effect of certification; admissibility. (1) An agency need not review any consumer contract:

����� (a) For which a federal or state statute, rule or regulation prescribes standards of readability applicable to the entire contract.

����� (b) For which particular words, phrases, provisions or forms of agreement are specifically required, recommended or indorsed by a state or federal statute, rule or regulation.

����� (2) Certification of a consumer contract under ORS 180.545 is not an approval of the contract�s legality or legal effect. The fact that a consumer contract has been certified or not shall not be admissible in any action to interpret or enforce the contract or any term of contract. [1985 c.587 �4]

����� Note: See note under 180.540.

(Investigation of Organized Crime)

����� 180.600 Definitions. As used in ORS 180.600 to 180.630:

����� (1) �Department� means the state Department of Justice.

����� (2) �Organized crime� means any combination or conspiracy of two or more persons to engage in criminal activity as a significant source of income or livelihood, or to violate, aid or abet the violation of criminal laws relating to prostitution, gambling, loan sharking, theft, abuse of controlled substances, illegal alcohol, cannabis or controlled substance distribution, counterfeiting, extortion or corruption of law enforcement officers or other public officers or employees. [1977 c.754 �1; 1979 c.744 �10; 2017 c.21 �49]

����� 180.610 Investigation of organized criminal activity; powers and duties of department. The Department of Justice shall:

����� (1) Provide all administrative, clerical, investigative and legal assistance required by ORS

ORS 181A.195

181A.195, require the fingerprints of a person who is applying for the issuance or renewal of a license or permit issued by the board;

����� (m)(A) Collect, at the time of licensure issuance or renewal, data that the board determines necessary to assess the physical therapy workforce in this state;

����� (B) Develop and maintain a physical therapy workforce database; and

����� (C) Share physical therapy workforce information with the Oregon Health Authority; and

����� (n) Establish licensure endorsements or practice specialization designations.

����� (7) The board shall meet at least quarterly and at any other time at the call of the board chairperson. The chairperson, and any other officers necessary for the operation of the board, shall be elected by the members of the board. All members have equal voting privileges.

����� (8) The board may appoint and fix the compensation of staff as necessary to carry out the operations of the board.

����� (9) The board shall:

����� (a) Maintain a current list of all persons regulated under ORS 688.010 to 688.201, including the persons� names, current business and residential addresses, telephone numbers, electronic mail addresses and license numbers.

����� (b) Provide information to the public regarding the procedure for filing a complaint against a physical therapist or physical therapist assistant.

����� (c) Publish at least annually, and in a format or place determined by the board, final disciplinary actions taken against physical therapists and physical therapist assistants and other information, including rules, in order to guide physical therapists and physical therapist assistants regulated pursuant to ORS 688.010 to 688.201 and 688.240.

����� (d) Report final disciplinary action taken by the board to a national disciplinary database recognized by the board.

����� (e) Report information of alleged misconduct by licensees and, as the misconduct relates to the practice of physical therapy, by unlicensed persons, other health care providers or entities to the appropriate authority, unless prohibited by law.

����� 688.170 [1959 c.461 �19; 1969 c.314 �88; 1971 c.585 �17; 1999 c.1084 �27; repealed by 2005 c.627 �18]

����� 688.180 [1959 c.461 �20; 1969 c.339 �18; 1971 c.585 �18; 1975 c.111 �13; repealed by 2005 c.627 �18]

����� 688.190 [1959 c.461 �21; 1969 c.339 �19; repealed by 1971 c.585 �23]

����� 688.200 [1959 c.461 �24; 1961 c.593 �4; 1967 c.637 �33; 1971 c.585 �19; repealed by 1973 c.427 �33 (688.201 enacted in lieu of 688.200)]

����� 688.201 Disposition of receipts. (1) All moneys received under ORS 688.010 to 688.201 shall be paid into an account established by the Oregon Board of Physical Therapy under ORS 182.470. The board may establish an additional account under ORS 182.470 for the purpose of meeting financial obligations imposed on the State of Oregon as a result of this state�s participation in the Physical Therapy Licensure Compact established under ORS 688.240.

����� (2) The moneys paid into the accounts established by the board under ORS 182.470 are continuously appropriated to the board and may be used only for the administration and enforcement of ORS 676.850, 676.860 and 688.010 to 688.201 and for the purpose of meeting financial obligations imposed on the State of Oregon as a result of this state�s participation in the Physical Therapy Licensure Compact established under ORS 688.240. [1973 c.427 �34 (enacted in lieu of 688.200); 1999 c.1084 �28; 2013 c.240 �16; 2016 c.13 ��7,8; 2017 c.511 �11; 2019 c.43 �25]

����� 688.210 [1959 c.461 �23; 1969 c.339 �20; 1971 c.585 �20; 1975 c.111 �14; repealed by 2005 c.627 �18]

����� 688.220 [1959 c.461 �22; 1971 c.585 �21; 1997 c.791 �44; 1999 c.59 �203; repealed by 2005 c.627 �18]

(Enforcement)

����� 688.230 Report of suspected violation; confidentiality of report; liability of person reporting. (1) Any licensed health facility, licensed physical therapist, licensed physical therapist assistant, the Oregon Physical Therapy Association, physician licensed under ORS chapter 677 or dentist shall, and any other person may, report suspected violations of ORS 688.010 to 688.201 to the Oregon Board of Physical Therapy. The reports are confidential as provided under ORS 676.175.

����� (2) Any person who reports or provides information to the board under subsection (1) of this section and who provides information in good faith shall not be subject to an action for civil damages as a result thereof. [1985 c.41 �7; 1997 c.791 �45; 2013 c.129 �37; 2019 c.43 �26]

����� 688.235 [1989 c.843 �14; repealed by 2005 c.627 �18]

(Physical Therapy Licensure Compact)

����� 688.240 Physical Therapy Licensure Compact. The provisions of the Physical Therapy Licensure Compact are as follows:

PHYSICAL THERAPY LICENSURE

COMPACT

����� SECTION 1. PURPOSE

����� The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

����� This Compact is designed to achieve the following objectives:

����� 1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;

����� 2. Enhance the states� ability to protect the public�s health and safety;

����� 3. Encourage the cooperation of member states in regulating multi-state physical therapy practice;

����� 4. Support spouses of relocating military members;

����� 5. Enhance the exchange of licensure, investigative, and disciplinary information between member states; and

����� 6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state�s practice standards.

����� SECTION 2. DEFINITIONS

����� As used in this Compact, and except as otherwise provided, the following definitions shall apply:

����� 1. �Active Duty Military� means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.

����� 2. �Adverse Action� means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.

����� 3. �Alternative Program� means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.

����� 4. �Compact privilege� means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

����� 5. �Continuing competence� means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

����� 6. �Data system� means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.

����� 7. �Encumbered license� means a license that a physical therapy licensing board has limited in any way.

����� 8. �Executive Board� means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

����� 9. �Home state� means the member state that is the licensee�s primary state of residence.

����� 10. �Investigative information� means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

����� 11. �Jurisprudence Requirement� means the assessment of an individual�s knowledge of the laws and rules governing the practice of physical therapy in a state.

����� 12. �Licensee� means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.

����� 13. �Member state� means a state that has enacted the Compact.

����� 14. �Party state� means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

����� 15. �Physical therapist� means an individual who is licensed by a state to practice physical therapy.

����� 16. �Physical therapist assistant� means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.

����� 17. �Physical therapy,� �physical therapy practice,� and �the practice of physical therapy� mean the care and services provided by or under the direction and supervision of a licensed physical therapist. The �practice of physical therapy� also has the meaning given that term in ORS 688.010.

����� 18. �Physical Therapy Compact Commission� or �Commission� means the national administrative body whose membership consists of all states that have enacted the Compact.

����� 19. �Physical therapy licensing board� or �licensing board� means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

����� 20. �Remote State� means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

����� 21. �Rule� means a regulation, principle, or directive promulgated by the Commission that has the force of law.

����� 22. �State� means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

����� SECTION 3. STATE PARTICIPATION IN THE COMPACT

����� A. To participate in the Compact, a state must:

����� 1. Participate fully in the Commission�s data system, including using the Commission�s unique identifier as defined in rules;

����� 2. Have a mechanism in place for receiving and investigating complaints about licensees;

����� 3. Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

����� 4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.;

����� 5. Comply with the rules of the Commission;

����� 6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and

����� 7. Have continuing competence requirements as a condition for license renewal.

����� B. Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. �534 and 42 U.S.C. �14616.

����� C. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

����� D. Member states may charge a fee for granting a compact privilege.

����� SECTION 4. COMPACT PRIVILEGE

����� A. To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:

����� 1. Hold a license in the home state;

����� 2. Have no encumbrance on any state license;

����� 3. Be eligible for a compact privilege in any member state in accordance with Section 4D, G and H;

����� 4. Have not had any adverse action against any license or compact privilege within the previous 2 years;

����� 5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);

����� 6. Pay any applicable fees, including any state fee, for the compact privilege;

����� 7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and

����� 8. Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

����� B. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4A to maintain the compact privilege in the remote state.

����� C. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

����� D. A licensee providing physical therapy in a remote state is subject to that state�s regulatory authority. A remote state may, in accordance with due process and that state�s laws, remove a licensee�s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

����� E. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

����� 1. The home state license is no longer encumbered; and

����� 2. Two years have elapsed from the date of the adverse action.

����� F. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.

����� G. If a licensee�s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:

����� 1. The specific period of time for which the compact privilege was removed has ended;

����� 2. All fines have been paid; and

����� 3. Two years have elapsed from the date of the adverse action.

����� H. Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.

����� SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

����� A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

����� A. Home of record;

����� B. Permanent Change of Station (PCS); or

����� C. State of current residence if it is different than the PCS state or home of record.

����� SECTION 6. ADVERSE ACTIONS

����� A. A home state shall have exclusive power to impose adverse action against a license issued by the home state.

����� B. A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.

����� C. Nothing in this Compact shall override a member state�s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state�s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

����� D. Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

����� E. A remote state shall have the authority to:

����� 1. Take adverse actions as set forth in Section 4D against a licensee�s compact privilege in the state;

����� 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and

����� 3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

����� F. Joint Investigations

����� 1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

����� 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

����� SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION

����� A. The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:

����� 1. The Commission is an instrumentality of the Compact states.

����� 2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

����� 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

����� B. Membership, Voting, and Meetings

����� 1. Each member state shall have and be limited to one (1) delegate selected by that member state�s licensing board.

����� 2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.

����� 3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

����� 4. The member state board shall fill any vacancy occurring in the Commission.

����� 5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

����� 6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates� participation in meetings by telephone or other means of communication.

����� 7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

����� C. The Commission shall have the following powers and duties:

����� 1. Establish the fiscal year of the Commission;

����� 2. Establish bylaws;

����� 3. Maintain its financial records in accordance with the bylaws;

����� 4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;

����� 5. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;

����� 6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;

����� 7. Purchase and maintain insurance and bonds;

����� 8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

����� 9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission�s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

����� 10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

����� 11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;

����� 12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

����� 13. Establish a budget and make expenditures;

����� 14. Borrow money;

����� 15. Appoint committees, including standing committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

����� 16. Provide and receive information from, and cooperate with, law enforcement agencies;

����� 17. Establish and elect an Executive Board; and

����� 18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.

����� D. The Executive Board

����� The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.

����� 1. The Executive Board shall be comprised of nine members:

����� a. Seven voting members who are elected by the Commission from the current membership of the Commission;

����� b. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and

����� c. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.

����� 2. The ex-officio members will be selected by their respective organizations.

����� 3. The Commission may remove any member of the Executive Board as provided in bylaws.

����� 4. The Executive Board shall meet at least annually.

����� 5. The Executive Board shall have the following Duties and responsibilities:

����� a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;

����� b. Ensure Compact administration services are appropriately provided, contractual or otherwise;

����� c. Prepare and recommend the budget;

����� d. Maintain financial records on behalf of the Commission;

����� e. Monitor Compact compliance of member states and provide compliance reports to the Commission;

����� f. Establish additional committees as necessary; and

����� g. Other duties as provided in rules or bylaws.

����� E. Meetings of the Commission

����� 1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.

����� 2. The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:

����� a. Non-compliance of a member state with its obligations under the Compact;

����� b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission�s internal personnel practices and procedures;

����� c. Current, threatened, or reasonably anticipated litigation;

����� d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

����� e. Accusing any person of a crime or formally censuring any person;

����� f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

����� g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

����� h. Disclosure of investigative records compiled for law enforcement purposes;

����� i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

����� j. Matters specifically exempted from disclosure by federal or member state statute.

����� 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission�s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

����� 4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

����� F. Financing of the Commission

����� 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

����� 2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

����� 3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

����� 4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

����� 5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

����� 6. An assessment levied, or any other financial obligation imposed, under this Compact is effective against the State of Oregon only to the extent that moneys necessary to pay the assessment or meet the financial obligations have been deposited in an account established under ORS 182.470 by the Oregon Board of Physical Therapy pursuant to ORS 688.201.

����� G. Qualified Immunity, Defense, and Indemnification

����� 1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

����� 2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person�s intentional or willful or wanton misconduct.

����� 3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

����� SECTION 8. DATA SYSTEM

����� A. 1. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

����� 2. Notwithstanding Section 9.A.1., the Oregon Board of Physical Therapy shall review the rules of the Commission. The licensing board may approve and adopt the rules of the Commission as rules of the licensing board. The State of Oregon is subject to a rule of the Commission only if the rule of the Commission is adopted by the licensing board.

����� B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

����� 1. Identifying information;

����� 2. Licensure data;

����� 3. Adverse actions against a license or compact privilege;

����� 4. Non-confidential information related to alternative program participation;

����� 5. Any denial of application for licensure, and the reason(s) for such denial; and

����� 6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

����� C. Investigative information pertaining to a licensee in any member state will only be available to other party states.

����� D. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

����� E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

����� F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

����� SECTION 9. RULEMAKING

����� A. 1. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

����� 2. Notwithstanding Section 9.A.1., the Oregon Board of Physical Therapy shall review the rules of the Commission. The licensing board may approve and adopt the rules of the Commission as rules of the licensing board. The State of Oregon is subject to a rule of the Commission only if the rule of the Commission is adopted by the licensing board.

����� B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

����� C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

����� D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

����� 1. On the website of the Commission or other publicly accessible platform; and

����� 2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

����� E. The Notice of Proposed Rulemaking shall include:

����� 1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

����� 2. The text of the proposed rule or amendment and the reason for the proposed rule;

����� 3. A request for comments on the proposed rule from any interested person; and

����� 4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

����� F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

����� G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

����� 1. At least twenty-five (25) persons;

����� 2. A state or federal governmental subdivision or agency; or

����� 3. An association having at least twenty-five (25) members.

����� H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

����� 1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

����� 2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

����� 3. All hearings will be recorded. A copy of the recording will be made available on request.

����� 4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

����� I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

����� J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

����� K. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

����� L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

����� 1. Meet an imminent threat to public health, safety, or welfare;

����� 2. Prevent a loss of Commission or member state funds;

����� 3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

����� 4. Protect public health and safety.

����� M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

����� SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

����� A. Oversight

����� 1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact�s purposes and intent. The provisions of this Compact and the rules promulgated hereunder and adopted by the Oregon Board of Physical Therapy shall have standing as statutory law.

����� 2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.

����� 3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

����� B. Default, Technical Assistance, and Termination

����� 1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

����� a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

����� b. Provide remedial training and specific technical assistance regarding the default.

����� 2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

����� 3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state�s legislature, and each of the member states.

����� 4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

����� 5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

����� 6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney�s fees.

����� C. Dispute Resolution

����� 1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.

����� 2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

����� D. Enforcement

����� 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

����� 2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include injunctive relief. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney�s fees.

����� 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

����� SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

����� A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

����� B. Any state that joins the Compact subsequent to the Commission�s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

����� C. Any member state may withdraw from this Compact by enacting a statute repealing the same.

����� 1. A member state�s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

����� 2. Withdrawal shall not affect the continuing requirement of the withdrawing state�s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

����� D. Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.

����� E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

����� SECTION 12. CONSTRUCTION AND SEVERABILITY

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

[2016 c.13 �1; 2019 c.43 �27]

MEDICAL IMAGING PRACTITIONERS

AND LIMITED X-RAY MACHINE OPERATORS

(Generally)

����� 688.405 Definitions for ORS 688.405 to 688.605. As used in ORS 688.405 to 688.605:

����� (1) �Actively engaged� means:

����� (a) Practicing medical imaging;

����� (b) Supervising or providing administrative services for medical imaging licensees, or students or trainees learning a medical imaging modality, at an institution that provides medical imaging services;

����� (c) Teaching, providing instruction for or administrating a medical imaging program at an institution recognized by the Board of Medical Imaging as an educational institution; or

����� (d) Having retired from the practice of medical imaging, provided that the retired medical imaging licensee has not been retired for more than six years and was in good standing with the board at the time of retirement.

����� (2) �Approved school� means a school accredited in one of the medical imaging modalities or subspecialties by a national post-secondary accreditation body and whose graduates are qualified to sit for a credentialing examination recognized by the board in the graduate�s medical imaging modality or subspecialty.

����� (3) �Clinical instructor� means an individual assigned to supervise students in a clinical setting who is:

����� (a) A licensed physician who routinely supervises the medical imaging modality being studied by a student; or

����� (b) An individual licensed by the board and credentialed by a credentialing organization in the medical imaging modality being studied by a student.

����� (4) �Credential� means the recognition awarded to an individual who meets the requirements of a credentialing organization.

����� (5) �Credentialing organization� means a nationally recognized organization that issues credentials through testing or evaluations that determine that a person meets defined standards for training and competence in a medical imaging modality.

����� (6) �Diagnostic medical sonography� means the use of nonionizing high frequency sound waves with specialized equipment to direct the sound waves into areas of the human body to generate images for the assessment and diagnosis of various medical conditions.

����� (7) �Graduate� means an individual who has completed the didactic and clinical education at an approved school, including documented clinical proficiency, but who has not met all requirements for credentialing by a credentialing organization.

����� (8) �Hybrid imaging or radiation therapy equipment� means equipment that combines more than one medical imaging modality into a single device.

����� (9)(a) �Ionizing radiation� means alpha particles, beta particles, gamma rays, X-rays, neutrons, high-speed electrons, high-speed protons or other particles capable of producing ions.

����� (b) �Ionizing radiation� does not include nonionizing radiation.

����� (10) �License� means a license issued by the board to practice one or more of the medical imaging modalities.

����� (11) �Licensed nurse practitioner� means a nurse practitioner licensed in Oregon.

����� (12) �Licensed physician� means a physician or surgeon licensed in Oregon.

����� (13) �Licensed physician associate� means a physician associate licensed in Oregon.

����� (14) �Limited X-ray machine operator� means a person who performs diagnostic X-ray procedures under the supervision of a licensed physician, licensed nurse practitioner or licensed physician associate using equipment that emits external ionizing radiation resulting in diagnostic radiographic images that are limited to select human anatomical sites.

����� (15) �Limited X-ray machine operator course of study� means a board-approved set of didactic and clinical experience elements designed to prepare a person for gaining practical experience and for passing the limited X-ray machine operator examination.

����� (16) �Magnetic resonance imaging� means the process by which certain nuclei, when placed in a magnetic field, absorb and release energy in the form of radio waves that are analyzed by a computer thereby producing an image of human anatomy and physiological information.

����� (17)(a) �Medical imaging� means the use of specialized equipment for the production of visual representations of human anatomy, tissues or organs.

����� (b) �Medical imaging� includes but is not limited to X-ray, single photon emission, positron emission technology, ultrasound, magnetic fields, vis

ORS 182.472

182.472 for purposes of carrying out the provisions of this chapter. The board shall consist of eight members. The members shall be appointed by the Governor and must be residents of this state.

����� (2) The board shall be composed of:

����� (a) Five appraisers certified or licensed under ORS 674.310;

����� (b) One individual who is employed by a financial institution or a mortgage banker;

����� (c) One member who represents appraisal management companies registered under ORS 674.205; and

����� (d) One individual who is a public member and who:

����� (A) Is not engaged in professional real estate activity;

����� (B) Is not a state certified or state licensed appraiser;

����� (C) Is not employed by a financial institution or a mortgage banker; and

����� (D) Does not have a direct financial interest in any person who is required, or whose employees or agents are required, to be state licensed or state certified appraisers.

����� (3) The term of office of each member is four years with two terms maximum, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. A member may not be appointed to serve more than two consecutive terms on the board.

����� (4) The 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 such offices as the board determines.

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

����� (6) The board shall meet at least once every three months at a place, day and hour determined by the board. 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.

����� (7) In accordance with applicable provisions of ORS chapter 183, the board shall adopt rules necessary for the administration of this chapter.

����� (8) The appointment of a member of the board is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. [1991 c.5 �4; 1993 c.18 �146; 1993 c.744 �219; 2001 c.521 �11; 2005 c.109 �4; 2011 c.447 �22]

����� 674.310 Duties and powers of board; rules. (1) The Appraiser Certification and Licensure Board shall:

����� (a) Have the power to do all things necessary and convenient to carry into effect the provisions of this chapter, ORS 674.200 to 674.250 and the federal Act and to regulate the activities of state licensed appraisers, state certified appraisers, state registered appraiser assistants and appraisal management companies to ensure that real estate appraisals conform to the law in effect on the date of the real estate appraisal activity.

����� (b) Certify or license appraisers and register appraiser assistants as necessary to carry out the federal Act and the purposes set forth in ORS 674.020.

����� (c) Register appraisal management companies under ORS 674.200 to 674.250.

����� (d) Supervise the activities of state certified appraisers, state licensed appraisers, state registered appraiser assistants and appraisal management companies as provided in this chapter and ORS 674.200 to 674.250, to ensure that they perform real estate appraisal activity in strict conformance with the provisions of this chapter and of the federal Act, and that they otherwise comply with the provisions of this chapter and ORS 674.200 to 674.250 in the conduct of their professional activities.

����� (e) Establish, keep current and, no less than annually, transmit to the Appraisal Subcommittee a roster listing state certified appraisers and state licensed appraisers.

����� (f) Collect and remit fees as required under ORS 674.250, 674.330 and 674.340.

����� (2) Rules adopted by the Appraiser Certification and Licensure Board to govern real estate appraiser certification and licensure shall conform with the requirements of the federal Act. The board shall adopt rules including but not limited to:

����� (a) Establishing programs for the certification, licensure or registration of individuals who engage in real estate appraisal activity.

����� (b) Establishing educational requirements for certification or licensure of appraisers and for the registration of appraiser assistants that ensure protection of the public interest and comply with the requirements of the federal Act, including on state and federal fair housing laws and topics of implicit bias, including racial bias. Education requirements for state licensed appraisers and state certified appraisers must meet the minimum criteria established by the Appraiser Qualification Board of the Appraisal Foundation.

����� (c) Establishing a professional code of responsibility for state certified appraisers and state licensed appraisers that is in conformance with the federal Act.

����� (d) Providing for registration of out-of-state appraisers as provided for under ORS 674.120.

����� (3) An individual may not be a state licensed appraiser or a state certified appraiser unless the individual has achieved a passing grade on an examination approved by the Appraisal Qualification Board of the Appraisal Foundation for the credential being sought.

����� (4) The Appraiser Certification and Licensure Board, acting through the administrator, may issue subpoenas to compel the attendance of witnesses and the production of papers, books, records, correspondence, agreements, memoranda and other material or relevant documents in investigations or proceedings pertaining to the powers and duties of the board.

����� (5) In the case of a person who refuses to respond to a subpoena issued by the Appraiser Certification and Licensure Board, the judge of the circuit court, on the application of the board administrator, shall order compliance with the board subpoena in the same manner as a proceeding for contempt for failure to respond to a subpoena of the court. [1991 c.5 �6; 1993 c.744 �220; 1997 c.417 �3; 2001 c.521 �12; 2005 c.254 �6; 2011 c.447 �23; 2021 c.313 �4; 2023 c.112 �1]

����� 674.320 Continuing authority of board. The lapsing or suspension of a certificate, license or registration by operation of law, by order of the Appraiser Certification and Licensure Board, by decision of a court of law or by the voluntary surrender of a certificate, license or registration by an appraiser or appraiser assistant does not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceedings against the appraiser or appraiser assistant, or to revise or render null and void an order suspending or revoking the certificate, license or registration. [1991 c.5 �15; 2005 c.254 �7]

����� 674.330 Fees; rules. (1) The Appraiser Certification and Licensure Board shall collect from each state certified appraiser and each state licensed appraiser an annual registry fee as required by the federal Act and in an amount determined by the Appraisal Subcommittee.

����� (2) Except as provided in subsection (1) of this section and in addition to any fees required by subsection (1) of this section, the board may establish by rule fees to be charged and collected under this chapter. The fees established by the board may include, but need not be limited to, fees:

����� (a) For each certification or licensure examination administered under ORS 674.310.

����� (b) For each certificate or license awarded or issued under ORS 674.310.

����� (c) For each renewal of a certificate or license awarded or issued under ORS 674.310.

����� (d) For each duplicate certificate or license, where the original license is lost or destroyed and affidavit made thereof.

����� (e) For the renewal of an inactive certificate or license.

����� (f) For the reactivation of an inactive certificate or license.

����� (g) For late renewal, in addition to the renewal fee.

����� (h) For a temporary registration provided for under ORS 674.120.

����� (i) For each application.

����� (j) For inactive status.

����� (k) For each walk-in examination.

����� (L) For each appraiser assistant registration.

����� (m) For each appraiser assistant renewal. [1991 c.5 �10; 1993 c.89 �1; 1993 c.465 �7; 2005 c.109 �5; 2021 c.313 �6]

����� 674.340 Board funds; Federal Registry Fund. (1) All moneys, fees and charges collected or received by the Appraiser Certification and Licensure Board pursuant to ORS 674.250 and 674.330 shall be paid into the account created by the board under ORS 182.470. All moneys in the account are appropriated continuously to the board to carry out the duties that the board is charged with administering.

����� (2) The Federal Registry Fund is established in the account created by the board under ORS

ORS 184.670

184.670, 184.675 and 184.685 to 184.733. [1977 c.230 �12]

����� 184.727 [1981 c.224 �3; repealed by 1989 c.867 �1]

(Public Transportation Development Program)

����� 184.730 Authority for public transportation development program. (1) In addition to the provisions of ORS 184.689, the Department of Transportation is authorized to institute a public transportation development program which may be financed by state, federal, local or other funds and may be operated in conjunction and cooperation with the federal government, metropolitan planning organizations, public and private employers, and public transportation entities.

����� (2) The department may apply to the Federal Transit Administration or Federal Highway Administration of the United States Department of Transportation or other federal or state government agency for participation in any public transportation system development project.

����� (3) The department may, with the assistance of the Oregon Department of Administrative Services or in cooperation with public transportation entities, or both, write specifications for and order public transportation equipment on behalf of any number of public transportation entities, to purchase real estate or to purchase, engineer, design, construct or lease public transportation structures and facilities under this program.

����� (4) If federal funds are being used to finance any project under this program, the department shall secure assurance from the federal government of the availability and amount of federal financial assistance. The department may also secure obligations by the participating public transportation entities that they will manage and operate such public transportation equipment or facilities at the appropriate time and will supply local funding if such is being utilized.

����� (5) Funding for projects under this section and ORS 184.733 may be with whatever percentage of federal, state or local funds that the Oregon Transportation Commission deems proper. In the event that the federal percentage is changed by legislation, the state and local percentage may be changed by action of the Oregon Transportation Commission.

����� (6) In cooperation with metropolitan planning organizations, public and private employers, and public transportation entities, the department may develop transportation demand management projects, air quality improvement projects, demonstration projects, and planning and research projects. As used in this subsection:

����� (a) Transportation demand management projects are measures to reduce traffic congestion and travel by single occupant automobiles including but not limited to carpool, vanpool, buspool, park-and-ride facilities, parking management, high occupancy vehicle lanes, bus bypass lanes, flexible hours of employment, work trip reduction programs and incentives to use public transportation.

����� (b) Air quality improvement projects are measures to reduce vehicle emissions, including transportation demand management, development of alternative fuels including fueling stations, conversion of existing vehicles or replacement of existing vehicles with vehicles producing lower emissions, research into vehicles using alternative fuels and purchase of new vehicles by public transportation entities.

����� (c) Demonstration projects show the merits of products, projects, transportation service designs or management techniques. Demonstration projects are of a limited duration. [1981 c.224 �4; 1989 c.867 �2; 1991 c.752 �14f; 1993 c.741 �17; 1995 c.79 �65]

����� 184.733 Department of Transportation Public Transportation Development Fund; use of fund; sources. (1) There is hereby established an account in the State Treasury, separate and distinct from the General Fund, to be known as the Department of Transportation Public Transportation Development Fund, which account is appropriated continuously for, and shall be used for, the purposes of ORS 184.730, developing and improving public transportation systems, acquiring transportation equipment and constructing facilities or participating with public transportation entities in the acquisition or construction of equipment or facilities. All interest, if any, shall inure to the benefit of the fund. In order to facilitate financing of the costs of transportation demand management projects, air quality improvement projects, demonstration projects, planning and research projects, acquisition or construction, the Department of Transportation may at any time, with Oregon Transportation Commission approval, draw on funds in this account for authorized purposes. The Director of Transportation may enter into written agreements with public transportation entities that commit the department to pay anticipated funds from the Department of Transportation Public Transportation Development Fund to public transportation entities for the purpose of financing the costs of acquisition and construction of transportation equipment and facilities, including servicing any obligations entered into by a public transportation entity to finance transportation equipment and facilities, which written agreements may provide for the remittance of such funds on such periodic basis, in such amounts, over such period of years and with such priority over other commitments of such funds as the director shall specify in the agreements. Any such written agreement or commitment when executed by the director and accepted by a public transportation entity shall be solely conditioned upon actual funds available in the Department of Transportation Public Transportation Development Fund and shall be valid, binding and irrevocable in accordance with its terms.

����� (2) The department may utilize moneys in the fund to purchase or lease new or rebuilt buses and other public transportation equipment, to purchase real estate or to purchase, lease or construct facilities for future sale to public transportation entities either for cash or by installment contract, but no installment contract shall be for more than five years and the balance shall bear interest at a rate indicated by the monthly earnings of the Oregon Short Term Investment Fund.

����� (3) The department may take title to and delivery of buses, other public transportation equipment or facilities acquired or built pursuant to this program for eventual transfer to public transportation entities.

����� (4) The department may from the amount appropriated to the Department of Transportation Public Transportation Development Fund deduct its costs of developing projects and administering the program authorized by this section and ORS 184.730.

����� (5) All moneys received by the department from the sale of buses, other public transportation equipment, real estate or facilities shall be placed in the Department of Transportation Public Transportation Development Fund and subject to budgetary limitations, may be used for the acquisition of additional transportation equipment or facilities. [1981 c.224 ��5,6,7; 1989 c.867 �3; 1991 c.752 �14g; 1995 c.79 �66]

(Safe Routes to Schools)

����� 184.740 Safe Routes to Schools Fund. (1) The Safe Routes to Schools Fund is established separate and distinct from the General Fund. Interest earned by the Safe Routes to Schools Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Transportation to implement a safe routes to schools program as described in ORS 184.741 and to fund projects described in ORS 184.742.

����� (2) The department may apply for, accept, receive and disburse gifts, grants, donations and other moneys from the federal government or from any other source to carry out a safe routes to schools program. Moneys received by the department under this subsection shall be deposited in the Safe Routes to Schools Fund.

����� (3) The department, in consultation with the Transportation Safety Committee, may award grants from the Safe Routes to Schools Fund to applicants who comply with criteria adopted by the department under ORS 184.741 or who qualify under ORS

ORS 190.003

190.003 to 190.130. [2015 c.49 �3]

����� 268.315 Authority of district to levy ad valorem tax. For the purpose of performing the functions set forth in ORS 268.310 (3), the district, when authorized at any properly called election held for such purpose, shall have the power to levy an ad valorem tax on all taxable property within its boundaries not to exceed in any one year one-half of one percent (0.005) of the real market value of all taxable property within the boundaries of such district, computed in accordance with ORS 308.207. [1975 c.510 �3; 1991 c.459 �368; 1997 c.833 �9]

Note: 268.315 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 268 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 268.317 Solid and liquid waste disposal powers. For purposes of solid and liquid waste disposal, a district may:

����� (1) Build, construct, acquire, lease, improve, operate and maintain landfills, transfer facilities, resource recovery facilities and other improvements, facilities or equipment necessary or desirable for the solid and liquid waste disposal system of the district. Leases authorized by this section include lease-purchase agreements whereunder the district may acquire ownership of the leased property at a nominal price. Such leases and lease-purchase agreements may be for a term of up to 30 years.

����� (2) Sell, enter into short or long-term contracts, solicit bids, enter into direct negotiations, deal with brokers or use other methods of sale or disposal for the products or by-products of the district�s facilities.

����� (3) Require any person or class of persons who generate solid or liquid wastes to make use of the disposal, transfer or resource recovery sites or facilities of the district or disposal, transfer or resource recovery sites or facilities designated by the district.

����� (4) Require any person or class of persons who pick up, collect or transport solid or liquid wastes to make use of the disposal, transfer or resource recovery sites or facilities of the district or disposal, transfer or resource recovery sites or facilities designated by the district.

����� (5) Regulate, license, franchise and certify disposal, transfer and resource recovery sites or facilities; establish, maintain and amend rates charged by disposal, transfer and resource recovery sites or facilities; establish and collect license or franchise fees; and otherwise control and regulate the establishment and operation of all public or private disposal, transfer and resource recovery sites or facilities located within the district. Licenses or franchises granted by the district may be exclusive. Existing landfills authorized to accept food wastes which, on March 1, 1979, are either franchised by a county or owned by a city are exempt from the district�s franchising and rate regulation.

����� (6) Prescribe a procedure for the issuance, administration, renewal or denial of contracts, licenses or franchises granted under subsection (5) of this section.

����� (7) Regulate the service or services provided by contract, license or franchise and order modifications, additions or extensions to the equipment, facilities, plan or services as shall be in the public interest.

����� (8) Receive, accept, process, recycle, reuse and transport solid and liquid wastes. [1977 c.95 �3; 1979 c.531 �4]

����� 268.318 District approval required for disposal, transfer or resource recovery site or facility; criteria. (1) No public or private disposal, transfer or resource recovery site or facility in the metropolitan service district shall be established, modified or extended without the prior approval of the district. The district may deny an application for the establishment, modification or extension of a site or facility if pursuant to its solid waste management plan the district has either:

����� (a) Entered into contracts obligating the district to supply or direct minimum quantities of solid wastes to sites or facilities designated in the contract in order that those sites or facilities will operate economically and generate sufficient revenues to liquidate any bonded or other indebtedness incurred by reason of those sites or facilities; or

����� (b) Adopted a franchise system for the disposal of solid or liquid wastes.

����� (2) In considering an application for the establishment, modification or extension of a site or facility, the metropolitan service district may take into account the location and number of existing sites or facilities and their remaining capacities, whether the proposed establishment, modification or extension complies with the district�s solid waste management plan and whether the applicant has complied with all other applicable regulatory requirements.

����� (3)(a) As used in this subsection:

����� (A) �Compost� has the meaning given that term in ORS 459.005.

����� (B) �Disposal site� has the meaning given that term in ORS 459.005.

����� (C) �Property line� has the meaning given that term in ORS 92.010.

����� (D) �School� has the meaning given that term in ORS 459.243.

����� (b) The metropolitan service district may not approve the establishment of a commercial disposal site for composting if the property line of the proposed disposal site for composting is located within 1,500 feet of a property line of a school that is within an exception area for rural residential uses. [1979 c.531 �2; 1997 c.833 �24; 2013 c.524 �6]

����� 268.319 Reuse and recycling of electronic products. Any metropolitan service district serving a population of more than 500,000 persons shall develop and implement a program pertaining to electronic product reuse and recycling. Under the program, the metropolitan service district shall prepare educational materials relating to the collection, recycling and reuse of used consumer electronic products and develop and implement an outreach and education program. [2003 c.706 �4]

����� Note: 268.319 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 268 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 268.320 Elector approval of district actions. Subject to the provisions of a district charter, the electors of a district may, from time to time, and in exercise of their power of the initiative, or by approving a proposition referred to them by the governing body of the district, authorize the district to assume additional functions. [1969 c.700 �11; 1977 c.95 �18; 1977 c.665 �11; 1997 c.516 �7; 1997 c.833 �10; 2005 c.22 �192; 2007 c.173 �4]

����� 268.330 Powers when providing local aspects of service; powers for public transportation; tax refunds. Subject to the provisions of a district charter:

����� (1) A district, to provide a local aspect of a public service, may take over facilities and functions of another public corporation, city or county, and may exercise powers of the corporation, city or county, in accordance with the agreement by which the district assumes the functions of the other corporation, city or county.

����� (2) For purposes of public transportation, a district may:

����� (a) Contract with the United States or with any county, city or state, or any of their departments or agencies, for the construction, preservation, improvement, operation or maintenance of any mass transit system.

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

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

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

����� (e) Construct, acquire, maintain and operate passenger terminal facilities and motor vehicle parking facilities in connection with the mass transit system within or outside the district.

����� (f) Use a public thoroughfare in a manner mutually agreed to by the governing bodies of the district and of the thoroughfare or, if they cannot so agree upon how the district may use the thoroughfare, in a manner determined by an arbitrator appointed by the Governor.

����� (g) Do such other acts or things as may be necessary or convenient for the proper exercise of the powers granted to a district by this chapter.

����� (3) A district shall be entitled to tax refunds under ORS 319.831, as if the district were a city. [1969 c.700 �12; 1979 c.344 �3; 1983 c.740 �69; 1997 c.833 �11]

����� 268.335 [1977 c.665 �21; repealed by 1997 c.833 �27]

����� 268.340 Acquisition of property; condemnation procedure; authority to lease and dispose of property; right of entry to survey lands. (1) To the extent necessary to provide a metropolitan aspect of a public service, a district may acquire by purchase, condemnation, devise, gift or grant real and personal property or any interest therein within and without the district, including property of other public corporations. In so doing the district may proceed under ORS chapter 35.

����� (2) A district may lease and dispose of property in accordance with ORS 271.300 to 271.360.

����� (3) For purposes of surveys necessary for its proper functioning, a district may enter upon land, after giving the owner thereof reasonable advance notice of the entry. [1969 c.700 ��13,14,15; 1979 c.804 �5; 1985 c.443 �3]

����� 268.342 [1977 c.665 �23; repealed by 1997 c.833 �27]

����� 268.343 Validation of certain easements acquired by district. Conservation easements and highway scenic preservation easements acquired by a metropolitan service district prior to May 28, 1999, are validated. [1999 c.208 �5]

����� Note: 268.343 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 268 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 268.345 Limitation on condemnation power for certain facilities. Notwithstanding any power of condemnation, the district shall not acquire existent major cultural, convention, exhibition, sports or entertainment facilities owned by a public or municipal corporation without the consent of the governing body of that corporation. [1977 c.782 �2]

����� 268.347 Boundary change within district and urban reserves; filing boundary change with county assessor and Department of Revenue. (1) Notwithstanding contrary provisions regarding jurisdiction under ORS chapters 198, 221 and 222, a metropolitan service district shall exercise jurisdiction, as provided in this section and ORS

ORS 197.235

197.235 and 197.240 and shall specify with particularity those goal provisions that are applicable to land use decisions and limited land use decisions before plan revision. The commission shall establish the effective date for application of a new or amended goal. Absent a compelling reason, the commission shall not require a comprehensive plan, new or amended land use regulation, land use decision or limited land use decision to be consistent with a new or amended goal until one year after the date of adoption. [1973 c.80 �38; 1981 c.748 �29; 1991 c.612 �10; 1991 c.817 �22a; 1995 c.595 �24; 2025 c.476 �30]

����� 197.247 [1983 c.826 �2; repealed by 1993 c.792 �55]

����� 197.250 Compliance with goals required. Except as otherwise provided in ORS 197.245, all comprehensive plans and land use regulations adopted by a local government to carry out those comprehensive plans and all plans, programs, rules or regulations affecting land use adopted by a state agency or special district shall be in compliance with the goals within one year after the date those goals are approved by the Land Conservation and Development Commission. [1973 c.80 �32; 1977 c.664 �19; 1981 c.748 �29a; 1983 c.827 �56a]

����� 197.251 Compliance acknowledgment; commission review; rules; limited acknowledgment; compliance schedule. (1) Upon the request of a local government, the Land Conservation and Development Commission shall by order grant, deny or continue acknowledgment of compliance of comprehensive plan and land use regulations with the goals. A commission order granting, denying or continuing acknowledgment shall be entered within 90 days of the date of the request by the local government unless the commission finds that due to extenuating circumstances a period of time greater than 90 days is required.

����� (2) In accordance with rules of the commission, the Director of the Department of Land Conservation and Development shall prepare a report for the commission stating whether the comprehensive plan and land use regulations for which acknowledgment is sought are in compliance with the goals. The rules of the commission shall:

����� (a) Provide a reasonable opportunity for persons to prepare and to submit to the director written comments and objections to the acknowledgment request; and

����� (b) Authorize the director to investigate and in the report to resolve issues raised in the comments and objections or by the director�s own review of the comprehensive plan and land use regulations.

����� (3) Upon completion of the report and before the commission meeting at which the director�s report is to be considered, the director shall afford the local government and persons who submitted written comments or objections a reasonable opportunity to file written exceptions to the report.

����� (4) The commission�s review of the acknowledgment request shall be confined to the record of proceedings before the local government, any comments, objections and exceptions filed under subsections (2) and (3) of this section and the report of the director. Upon its consideration of an acknowledgment request, the commission may entertain oral argument from the director and from persons who filed written comments, objections or exceptions. However, the commission shall not allow additional evidence or testimony that could have been presented to the local government or to the director but was not.

����� (5) A commission order granting, denying or continuing acknowledgment shall include a clear statement of findings which sets forth the basis for the approval, denial or continuance of acknowledgment. The findings shall:

����� (a) Identify the goals applicable to the comprehensive plan and land use regulations; and

����� (b) Include a clear statement of findings in support of the determinations of compliance and noncompliance.

����� (6) A commission order granting acknowledgment shall be limited to an identifiable geographic area described in the order if:

����� (a) Only the identified geographic area is the subject of the acknowledgment request; or

����� (b) Specific geographic areas do not comply with the applicable goals, and the goal requirements are not technical or minor in nature.

����� (7) The commission may issue a limited acknowledgment order when a previously issued acknowledgment order is reversed or remanded by the Court of Appeals or the Oregon Supreme Court. Such a limited acknowledgment order may deny or continue acknowledgment of that part of the comprehensive plan or land use regulations that the court found not in compliance or not consistent with the goals and grant acknowledgment of all other parts of the comprehensive plan and land use regulations.

����� (8) A limited acknowledgment order shall be considered an acknowledgment for all purposes and shall be a final order for purposes of judicial review with respect to the acknowledged geographic area. A limited order may be adopted in conjunction with a continuance or denial order.

����� (9) The director shall notify the Real Estate Agency, the local government and all persons who filed comments or objections with the director of any grant, denial or continuance of acknowledgment.

����� (10) The commission may grant a planning extension, which shall be a grant of additional time for a local government to comply with the goals in accordance with a compliance schedule. A compliance schedule shall be a listing of the tasks which the local government must complete in order to bring its comprehensive plan, land use regulations, land use decisions and limited land use decisions into initial compliance with the goals, including a generalized time schedule showing when the tasks are estimated to be completed and when a comprehensive plan or land use regulations which comply with the goals are estimated to be adopted. In developing a compliance schedule, the commission shall consider the population, geographic area, resources and capabilities of the city or county.

����� (11) As used in this section:

����� (a) �Continuance� means a commission order that:

����� (A) Certifies that all or part of a comprehensive plan, land use regulations or both a comprehensive plan and land use regulations do not comply with one or more goals;

����� (B) Specifies amendments or other action that must be completed within a specified time period for acknowledgment to occur; and

����� (C) Is a final order for purposes of judicial review of the comprehensive plan, land use regulations or both the comprehensive plan and land use regulations as to the parts found consistent or in compliance with the goals.

����� (b) �Denial� means a commission order that:

����� (A) Certifies that a comprehensive plan, land use regulations or both a comprehensive plan and land use regulations do not comply with one or more goals;

����� (B) Specifies amendments or other action that must be completed for acknowledgment to occur; and

����� (C) Is used when the amendments or other changes required in the comprehensive plan, land use regulations or both the comprehensive plan and land use regulations affect many goals and are likely to take a substantial period of time to complete. [1977 c.766 �18; 1979 c.242 �3; 1981 c.748 �7; 1983 c.827 �5; 1985 c.811 �13; 1991 c.817 �23; 1993 c.438 �2]

����� 197.252 [1977 c.664 �20a; 1979 c.772 �7a; repealed by 1981 c.748 �56]

����� 197.253 Participation in local proceedings required for submitting comments and objections. Notwithstanding the provisions of ORS 197.251 (2)(a), a person may not submit written comments and objections to the acknowledgment request of any city or county that submits its plan or regulations to the Land Conservation and Development Commission for acknowledgment for the first time after August 9, 1983, unless the person participated either orally or in writing in the local government proceedings leading to the adoption of the plan and regulations. [1983 c.827 �5a]

����� 197.254 Bar to contesting acknowledgment, appealing or seeking amendment. (1) A state agency is barred, after the date set for submission of programs by the Land Conservation and Development Commission as provided in ORS 197.180 (4), from contesting a request for acknowledgment submitted by a local government under ORS 197.251 or from filing an appeal of a post-acknowledgement change under ORS 197.610 to

ORS 197.251

197.251, the city engineer, city surveyor or county surveyor shall immediately notify the Real Estate Commissioner in writing of receipt for approval of any subdivision plat pursuant to ORS 92.100 (1). The notification shall include a general description of the land with the number of lots and total acreage covered by the subdivision plat and the names of the persons submitting the subdivision plat for approval. [1965 c.584 �2; 1983 c.570 �6a; 1989 c.772 �22]

����� 92.170 Amending recorded plat; affidavit of correction; fees. (1) Any plat of a subdivision or partition filed and recorded under the provisions of ORS 92.010 to 92.192 may be amended by an affidavit of correction:

����� (a) To show any courses or distances omitted from the subdivision or partition plat;

����� (b) To correct an error in any courses or distances shown on the subdivision or partition plat;

����� (c) To correct an error in the description of the real property shown on the subdivision or partition plat; or

����� (d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the final subdivision or partition plat as recorded.

����� (2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning lot or parcel configurations.

����� (3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the plat of the subdivision or partition. In the event of the death, disability or retirement from practice of the surveyor who filed the subdivision or partition plat, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The seal and signature of the registered professional land surveyor making the correction shall be affixed to the affidavit of correction.

����� (4) The county surveyor shall certify that the affidavit of correction has been examined and that the changes shown on the certificate are permitted under this section.

����� (5) The surveyor who prepared the affidavit of correction shall cause the affidavit to be recorded in the office of the county recorder where the subdivision or partition plat is recorded. The county clerk shall return the recorded copy of the affidavit to the county surveyor. 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 subdivision or partition plats.

����� (6) For recording the affidavit in the county deed records, the county clerk shall collect a fee as provided in ORS 205.320. The county clerk shall also collect a fee set by the county governing body to be paid to the county surveyor for services provided under this section. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk. [1983 c.309 �2; 1989 c.772 �23; 1993 c.702 �8; 1999 c.710 �6; 2001 c.173 �2; 2023 c.9 �3]

����� 92.175 Methods by which certain land may be provided for public purposes. (1) Land for property dedicated for public purposes may be provided to the city or county having jurisdiction over the land by any of the following methods:

����� (a) By dedication on the land subdivision plat;

����� (b) By dedication on the partition plat, provided that the city or county indicates acceptance of the dedication on the face of the plat; or

����� (c) By a separate dedication or donation document on the form provided by the city or county having jurisdiction over the area of land to be dedicated.

����� (2) Notwithstanding subsection (1) of this section, utility easements in partition and condominium plats may be granted for public, private and other regulated utility purposes without an acceptance from the governing body having jurisdiction. [1989 c.772 �3; 1997 c.489 �7; 2007 c.652 �4]

����� 92.176 Validation of unit of land not lawfully established. (1) A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land:

����� (a) Is not a lawfully established unit of land; and

����� (b) Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

����� (2) Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling has:

����� (a) Intact exterior walls and roof structure;

����� (b) Indoor plumbing consisting of a kitchen sink, a toilet and bathing facilities connected to a sanitary waste disposal system;

����� (c) Interior wiring for interior lights; and

����� (d) A heating system.

����� (3) A county or city may approve an application for a permit, as defined in ORS 215.402 or

ORS 197.467

197.467.

����� (8) �Speedway destination site� means a site containing a major motor speedway, associated uses and facilities and speedway supporting uses and facilities.

����� (9) �Speedway supporting uses and facilities� means transient lodging, restaurants, meeting facilities and other commercial uses limited to the types and levels of use necessary to meet the needs of users and patrons of a major motor speedway.

����� (10) �Speedway theme park� means an amusement park associated with a major motor speedway and based on a speedway theme that:

����� (a) Is developed and operated primarily for the purpose of entertaining users and patrons of the major motor speedway, but available, as well, to the general public; and

����� (b) Consists of a collection of entertainment uses and facilities commonly associated with outdoor fairs and theme parks:

����� (A) Including mechanical rides, games, go-cart tracks, miniature golf courses, BMX bicycle tracks, water parks and athletic fields; and

����� (B) Not including cinemas, bowling alleys, theaters, concert halls or similar recreational or entertainment uses commonly allowed inside urban growth boundaries.

����� (11) �Transient lodging� means a unit consisting of a room or a suite of rooms that is available for a period of occupancy that typically does not exceed 30 days and for which the lodging operator:

����� (a) Charges on a daily basis and does not collect more than six days in advance; and

����� (b) Provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy. [2005 c.842 �1; 2007 c.819 �1]

����� Note: See note under 197.431.

����� 197.433 Development of major motor speedway. (1) On a site approved for development of a major motor speedway, pursuant to an exception to statewide land use planning goals relating to agricultural lands, public facilities and services and urbanization that was acknowledged before September 2, 2005, if the site is developed and used as a major motor speedway with sanctioned, premier, high speed automobile racing within five years after the county issues a certificate of occupancy for the major motor speedway, the governing body of Morrow County or its designee may authorize the ancillary development of transient lodging, associated uses and facilities and a speedway theme park that were not previously authorized under subsection (4) of this section:

����� (a) Without taking further exception to the statewide land use planning goals relating to agricultural lands, public facilities and services and urbanization.

����� (b) Primarily for the use of users and patrons of the major motor speedway but available, as well, to the general public.

����� (c) Without regard to the limitations on the size or occupancy of speedway-related and accessory uses and facilities specified in the findings.

����� (d) Without regard to use limitations specified in section H (10) of the June 21, 2002, findings for a multipurpose recreational facility.

����� (e) Without regard to the limitation on hours of operation specified in the findings for outdoor recreational facilities.

����� (2) The major motor speedway authorized in the findings and by this section may be developed:

����� (a) Without taking further exception to the statewide land use planning goals relating to agricultural lands, public facilities and services and urbanization.

����� (b) Without regard to the specific size, placement or configuration of the tracks specified in the findings.

����� (3) Subject to the requirements of ORS 197.610 to 197.625, notwithstanding the local process for review and approval of a proposal to amend the acknowledged comprehensive plan and land use regulations that is contained in an acknowledged comprehensive plan and land use regulations, the governing body of Morrow County may review and approve a proposal to make the changes to the acknowledged comprehensive plan and land use regulations to allow the uses authorized by this section on the site described in subsection (1) of this section through an expedited local review and approval process in which the final approval of the county may be granted after only one evidentiary hearing.

����� (4) Notwithstanding subsection (1) of this section, the governing body of Morrow County may approve the development, in conjunction with the development of the major motor speedway, but prior to the establishment of sanctioned, premier, high speed automobile racing at the major motor speedway, of up to 250 road course garage units, 100 units of transient lodging with an associated restaurant and public facilities necessary to support those uses.

����� (5) Impacts of a speedway destination site, adjacent residential development and transient lodging on the transportation system must be mitigated to the satisfaction of the Department of Transportation at the time of development. [2005 c.842 �2; 2007 c.819 �2]

����� Note: See note under 197.431.

����� 197.434 Traffic impacts of speedway destination. (1) The private developer of the speedway destination site is financially responsible for addressing, through traffic infrastructure improvements and upgrades, adverse traffic impacts that cannot be adequately mitigated, in the judgment of road authorities, through the use of temporary traffic management measures.

����� (2) The private developer, or the organizer of a specific event or activity at the speedway destination site, is financially responsible for temporary traffic management measures required to mitigate the adverse traffic impacts of events or activities at the speedway destination site.

����� (3) Notwithstanding subsections (1) and (2) of this section, transportation infrastructure projects required by the establishment and use of the major motor speedway may receive funding from any source of moneys for transportation infrastructure projects. [2005 c.842 �3]

����� Note: See note under 197.431.

DESTINATION RESORTS

����� 197.435 Definitions for ORS 197.435 to 197.467. As used in ORS 197.435 to 197.467:

����� (1) �Developed recreational facilities� means improvements constructed for the purpose of recreation and may include but are not limited to golf courses, tennis courts, swimming pools, marinas, ski runs and bicycle paths.

����� (2) �High value crop area� means an area in which there is a concentration of commercial farms capable of producing crops or products with a minimum gross value of $1,000 per acre per year. These crops and products include field crops, small fruits, berries, tree fruits, nuts or vegetables, dairying, livestock feedlots or Christmas trees as these terms are used in the 1983 County and State Agricultural Estimates prepared by the Oregon State University Extension Service. The �high value crop area� designation is used for the purpose of minimizing conflicting uses in resort siting and does not revise the requirements of an agricultural land goal or administrative rules interpreting the goal.

����� (3) �Map of eligible lands� means a map of the county adopted pursuant to ORS 197.455.

����� (4) �Open space� means any land that is retained in a substantially natural condition or is improved for recreational uses such as golf courses, hiking or nature trails or equestrian or bicycle paths or is specifically required to be protected by a conservation easement. Open spaces may include ponds, lands protected as important natural features, lands preserved for farm or forest use and lands used as buffers. Open space does not include residential lots or yards, streets or parking areas.

����� (5) �Overnight lodgings� means:

����� (a) With respect to lands not identified in paragraph (b) of this subsection, permanent, separately rentable accommodations that are not available for residential use, including hotel or motel rooms, cabins and time-share units. Individually owned units may be considered overnight lodgings if they are available for overnight rental use by the general public for at least 45 weeks per calendar year through a central reservation and check-in service. Tent sites, recreational vehicle parks, manufactured dwellings, dormitory rooms and similar accommodations do not qualify as overnight lodgings for the purpose of this definition.

����� (b) With respect to lands in eastern Oregon, as defined in ORS 321.805, permanent, separately rentable accommodations that are not available for residential use, including hotel or motel rooms, cabins and time-share units. Individually owned units may be considered overnight lodgings if they are available for overnight rental use by the general public for at least 38 weeks per calendar year through a central reservation system operated by the destination resort or by a real estate property manager, as defined in ORS 696.010. Tent sites, recreational vehicle parks, manufactured dwellings, dormitory rooms and similar accommodations do not qualify as overnight lodgings for the purpose of this definition.

����� (6) �Self-contained development� means a development for which community sewer and water facilities are provided on-site and are limited to meet the needs of the development or are provided by existing public sewer or water service as long as all costs related to service extension and any capacity increases are borne by the development. A �self-contained development� must have developed recreational facilities provided on-site.

����� (7) �Tract� means a lot or parcel or more than one contiguous lot or parcel in a single ownership. A tract may include property that is not included in the proposed site for a destination resort if the property to be excluded is on the boundary of the tract and constitutes less than 30 percent of the total tract.

����� (8) �Visitor-oriented accommodations� means overnight lodging, restaurants and meeting facilities that are designed to and provide for the needs of visitors rather than year-round residents. [1987 c.886 �3; 1989 c.648 �52; 1993 c.590 �1; 2003 c.812 �1; 2005 c.22 �140]

����� 197.440 Legislative findings. The Legislative Assembly finds that:

����� (1) It is the policy of this state to promote Oregon as a vacation destination and to encourage tourism as a valuable segment of our state�s economy;

����� (2) There is a growing need to provide year-round destination resort accommodations to attract visitors and encourage them to stay longer. The establishment of destination resorts will provide jobs for Oregonians and contribute to the state�s economic development;

����� (3) It is a difficult and costly process to site and establish destination resorts in rural areas of this state; and

����� (4) The siting of destination resort facilities is an issue of statewide concern. [1987 c.886 �2]

����� 197.445 Destination resort criteria; phase-in requirements; annual accounting. A destination resort is a self-contained development that provides for visitor-oriented accommodations and developed recreational facilities in a setting with high natural amenities. To qualify as a destination resort under ORS 30.947, 197.435 to 197.467,

ORS 197.805

197.805 to 197.855.

����� (4) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon applications for approval of proposed partitions.

����� (5) No tentative plan of a proposed partition may be approved unless the tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under this section that are then in effect for the city or county within which the land described in the tentative plan is situated.

����� (6) Any ordinance or regulation adopted under this section shall comply with the comprehensive plan for the city or county adopting the ordinance or regulation. [1955 c.756 �22; 1973 c.696 �10; 1983 c.827 �19f; 1989 c.772 �7; 1993 c.792 �47; 1999 c.348 �13]

����� 92.048 Procedure for adoption of regulations under ORS 92.044 and 92.046. The procedure for adoption of any ordinance or regulation under ORS 92.044 and 92.046 is as follows:

����� (1) The planning commission of the county or the city shall hold a public hearing on the proposed ordinance or regulation after publishing notice of the hearing 10 days prior to the hearing in a newspaper of general circulation published in the area in which land to be subject to such ordinance or regulation is situated or, if there is no such newspaper, a newspaper of general circulation published in the county. The notice shall contain the time, place and purpose of the hearing and a description of the land to be subject to the ordinance or regulation.

����� (2) Prior to the expiration of 60 days after the date of such hearing, the planning commission may transmit its recommendation regarding the proposed ordinance or regulation to the governing body of the county or city, as the case may be. If the planning commission recommendation has not been received by the governing body of the county or the city prior to the expiration of such 60-day period, the governing body may consider the ordinance or regulation without recommendation of the planning commission thereon.

����� (3) Prior to the adoption of such ordinance or regulation, the governing body of the county or the city shall hold a hearing thereon after giving notice of the hearing in the same manner provided in subsection (1) of this section.

����� (4) A copy of any regulation or ordinance adopted by the governing body of a county or a city under this section, together with a map of the area subject to the regulation or ordinance and a brief statement of the different classifications, if any, of land partitioning under the ordinance or regulation, shall be filed with the recording officer of the county in which the land subject to the ordinance or regulation is situated. Such ordinance or regulation shall not be effective until so filed. If the ordinance or regulation is applicable throughout all of the area over which the county or city has jurisdiction under ORS 92.042, only an outline map of such area shall be filed with the recording officer of the county.

����� (5) The ordinance or regulation may be amended from time to time by following the procedure prescribed in this section. [1955 c.756 �23; 1973 c.314 �1; 1973 c.696 �11; 1983 c.570 �2]

����� 92.050 Requirements of survey and plat of subdivision and partition. (1) A person shall not submit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250 and the plat requirements of the subdivision or partition have been met.

����� (2) The survey for the plat of the subdivision or partition shall be done in a manner to achieve sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

����� (3) The survey and plat of the subdivision or partition shall be made by a registered professional land surveyor.

����� (4) The plat of the subdivision or partition shall be of sufficient scale and lettering size, approved by the county surveyor, so that:

����� (a) The survey and mathematical information and all other details are clearly and legibly shown on the plat.

����� (b) Each lot or parcel is numbered consecutively.

����� (c) The lengths and courses of the boundaries of each lot or parcel are shown on the plat.

����� (d) Each street is named and shown on the plat.

����� (5) The locations and descriptions of all monuments found or set must be carefully recorded upon all plats and the proper courses and distances of all boundary lines, conforming to the surveyor�s certificate, must be shown.

����� (6) The location, dimensions and purpose of all recorded and proposed public and private easements must be shown on the subdivision or partition plat along with the county clerk�s recording reference if the easement has been recorded by the county clerk. Private easements become effective upon the recording of the plat.

����� (7) The area of each lot or parcel must be shown on the subdivision or partition plat.

����� (8) In addition to showing bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot, the following curve information must be shown on the subdivision or partition plat either on the face of the map or in a separate table:

����� (a) Arc length;

����� (b) Chord length;

����� (c) Chord bearing;

����� (d) Radius; and

����� (e) Central angle.

����� (9) A city or county may not require that a final subdivision, condominium or partition plat show graphically or by notation on the final plat any information or requirement that is or may be subject to administrative change or variance by a city or county or any other information unless authorized by the county surveyor. [Amended by 1955 c.756 �10; 1983 c.309 �3; 1989 c.772 �8; 1991 c.763 �10; 1993 c.702 �3; 1995 c.382 �4; 1997 c.489 �2; 1999 c.1018 �1; 2005 c.399 �5]

����� 92.055 Requirements for unsurveyed and unmonumented parcels on plats. (1) A parcel larger than 10 acres that is created outside an urban growth boundary is not required to be surveyed and monumented and shall comply with the following:

����� (a) The approximate acreage of each unsurveyed parcel shall be shown; and

����� (b) Any unsurveyed parcel shall have the words �unsurveyed� placed in bold letters adjacent to the parcel number.

����� (2) Unsurveyed parcels need not comply with ORS 92.050 (5), (7) and (8). [1995 c.382 �2; 1999 c.1018 �2; 2005 c.399 �6]

����� Note: 92.055 was added to and made a part of 92.010 to 92.192 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 92.060 Marking subdivision, partition or condominium plats with monuments; types of monuments; property line adjustment. (1) The initial point, also known as the point of beginning, of a plat must be on the exterior boundary of the plat and must be marked with a monument that is either galvanized iron pipe or an iron or steel rod. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If an iron or steel rod is used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. The location of the monument shall be with reference by survey to a section corner, one-quarter corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot corner or boundary corner of a recorded subdivision, partition or condominium plat. When setting a required monument is impracticable under the circumstances, the county surveyor may authorize the setting of another type of monument.

����� (2) In subdivision plats, the intersections, the initial point, also known as the point of beginning, the point of ending, points of curves and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerlines of all streets and roads and all points on the exterior boundary where the boundary line changes direction, must be marked with monuments either of galvanized iron pipe or iron or steel rods. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If iron or steel rods are used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. When setting a required monument is impracticable under the circumstances:

����� (a) The county surveyor may authorize the setting of another type of monument; or

����� (b) The county surveyor may waive the setting of the monument.

����� (3) All lot and parcel corners except lot corners of cemetery lots must be marked with monuments of either galvanized iron pipe not less than one-half inch inside diameter or iron or steel rods not less than five-eighths inch in least dimension and not less than 24 inches long. When setting a required monument is impracticable under the circumstances:

����� (a) The surveyor may set another type of monument; or

����� (b) The county surveyor may waive the setting of the monument.

����� (4) A surveyor shall set monuments with sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or within one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

����� (5) A surveyor shall set monuments on the exterior boundary of a subdivision, unless the county surveyor waives the setting of a particular monument, where changes in the direction of the boundary occur and shall reference the monuments on the plat of the subdivision before the plat of the subdivision is offered for recording. However, the surveyor need not set the remaining monuments for the subdivision prior to the recording of the plat of the subdivision if:

����� (a) The registered professional land surveyor performing the survey work certifies that the remaining monuments will be set, unless the county surveyor waives the setting of a particular monument, on or before a specified date as provided in ORS 92.070 (2); and

����� (b) The person subdividing the land furnishes to the county or city by which the subdivision was approved a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security as required by the county or city guaranteeing the payment of the cost of setting the remaining monuments for the subdivision as provided in ORS 92.065.

����� (6) A surveyor shall set all monuments on the exterior boundary and all parcel corner monuments of partitions, unless the county surveyor waives the setting of a particular monument, before the partition plat is offered for recording. Unless the governing body provides otherwise, any parcels created outside an urban growth boundary that are greater than 10 acres need not be surveyed or monumented.

����� (7) Except as provided in subsections (8) and (9) of this section, a property line adjustment must be surveyed and monumented in accordance with subsection (3) of this section and a survey, complying with ORS 209.250, must be filed with the county surveyor.

����� (8) Unless the governing body of a city or county has otherwise provided by ordinance, a survey or monument is not required for a property line adjustment when the abutting properties are each greater than 10 acres. Nothing in this subsection exempts a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations.

����� (9) The requirements of subsection (7) of this section do not apply to property transferred through a property line adjustment as described in ORS 92.010 (9)(e). [Amended by 1955 c.756 �11; 1973 c.696 �12; 1983 c.309 �4; 1989 c.772 �9; 1991 c.331 �20; 1991 c.763 �11; 1993 c.702 �4; 1995 c.79 �32; 1995 c.382 �5; 1997 c.268 �2; 1997 c.489 �3; 1997 c.631 �391; 1999 c.1018 �3; 2005 c.230 �3; 2005 c.399 �7a; 2007 c.866 �9; 2008 c.12 �4]

����� 92.065 Monumenting certain subdivision corners after recording plat; bond, cash deposit or other security. (1) Except for exterior monuments described in ORS 92.060 (5), if the remaining corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the county surveyor, prior to approval of the subdivision plat by the county surveyor, a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security, as required at the option of the city or county, in an amount equal to 120 percent of the estimated cost of performing the work for the remaining monumentation.

����� (2) The county surveyor may require that the setting of the remaining corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvements has not been completed, or if other conditions or circumstances justify the delay.

����� (3) The person subdividing the lands described in subsection (1) of this section shall pay the surveyor for performing the remaining monumentation work and notify the county surveyor of the payment. The county surveyor, within three months after the notice, shall release the bond, irrevocable letter of credit or other required security, or return the cash deposit upon a finding that the payment has been made. Upon written request from the person subdividing the land, the governing body may pay the surveyor from moneys within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit. If the subdivider has not paid the surveyor within 30 days of final approval of the remaining monumentation, the city or county may pay the surveyor from moneys held in a cash deposit, if any, or require payment to be made from other security.

����� (4) In the event of the death, disability or retirement from practice of the surveyor charged with the responsibility for setting remaining monuments for a subdivision or upon the failure or refusal of the surveyor to set the monuments, the county surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070. If another surveyor completes the remaining monumentation, the surveyor shall submit an affidavit to the county surveyor complying with ORS 92.070 (3)(b). The county surveyor shall note on the original, and on any exact copies filed in accordance with ORS 92.120 (3) the surveyor�s name and business address. Payment of the fees for completing said monumentation shall be made by the subdivider within 30 days of the completion of such work. In the event that the subdivider fails to pay such fees within 30 days, the bond, cash deposit, irrevocable letter of credit or other security may be used to pay such fees; and when such cash or other securities are inadequate to cover the cost incurred by the county surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 to 93.802. [1973 c.696 �14; 1983 c.309 �5; 1989 c.772 �10; 1991 c.331 �21; 1991 c.763 �12; 1995 c.382 �6; 1997 c.631 �392; 1999 c.1018 �4]

����� 92.070 Surveyor�s certificates; procedure for recording monumented corners on plat previously recorded; reestablishing certain monuments. (1) Except as otherwise provided in this section, a subdivision or partition plat designating the location of land in a county in the State of Oregon, offered for record, must include on the face of the plat a surveyor�s certificate, together with the seal and signature of the surveyor having surveyed the land represented on the plat, to the effect that the surveyor has correctly surveyed and marked with proper monuments the lands as represented and has placed a proper monument as provided in ORS 92.060 indicating the initial point of the plat and its location in accordance with ORS 92.060 (1) and accurately describing by metes or bounds, or other description as approved by the county surveyor, the tract of land upon which the lots and blocks or parcels are laid out.

����� (2) If the person subdividing any land has complied with ORS 92.065 (1), the surveyor may prepare the plat of the subdivision for recording with only the exterior monuments referenced on the subdivision plat as submitted for recording. The subdivision plat shall include a certification of the surveyor that the remaining corners for the subdivision will be monumented on or before a specified date in accordance with ORS 92.060, noting those monuments to be set on or before said specified date on the subdivision plat as approved by the city or county.

����� (3) After the remaining corners for a subdivision have been monumented as provided in the certificate submitted under subsection (2) of this section, the surveyor performing the work shall:

����� (a) Within five days after completion of the work, notify the person subdividing the land involved and the county surveyor by whom the subdivision was approved; and

����� (b) Upon approval of the work under ORS 92.100 by the county surveyor, submit an affidavit for recording stating that the subdivision plat has been correctly surveyed and marked with proper monuments at the remaining corners of the subdivisions as noted on the original subdivision plat. Any monument that cannot be set shall be separately noted and a reference monument shall be set. The affidavit shall be approved by the county surveyor before recording. The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder where the subdivision plat is recorded. The county clerk shall promptly provide a recorded copy of the affidavit to the county surveyor. The county surveyor shall note the monuments set and the recorder�s information on the county surveyor�s copy of the subdivision plat and any exact copies filed in accordance with ORS 92.120 (3). The original plat may not be corrected or changed after it is recorded with the county clerk.

����� (4) The county surveyor approving the work pursuant to subsection (3) of this section shall reference the approval upon the subdivision plat and tracings previously recorded. A city surveyor approving the work under ORS 92.100 (1) shall reference that surveyor�s approval on the affidavit required under this section prior to approval by the county surveyor.

����� (5) Notwithstanding ORS 209.250, the surveyor who prepared the subdivision or partition plat may reestablish plat monuments within two years of plat recordation without filing a map of the survey as required under ORS 209.250. The surveyor reestablishing any plat monuments shall prepare an affidavit stating that the reestablished corners of the subdivision or partition plat have been correctly surveyed and marked with proper monuments as required under ORS 92.060. The affidavit shall be approved by the county surveyor prior to recordation of the affidavit with the county clerk. The surveyor who prepared the affidavit shall file the affidavit with the county clerk for the county where the subdivision or partition plat is recorded. The county clerk shall promptly provide a certified copy of the recorded affidavit to the surveyor. The county surveyor shall indicate the reestablished monuments on the county surveyor�s copy of the plat of the subdivision or partition and any copies of the plat filed under ORS 92.120 (3). The original plat may not be corrected or changed after it is recorded with the county clerk. The county shall charge a fee for recording the affidavit in the county clerk�s office and the county surveyor�s office. The fee shall be established by the governing body of the county and shall be paid to the county surveyor. [Amended by 1973 c.696 �13; 1983 c.309 �6; 1989 c.772 �11; 1991 c.763 �13; 1995 c.382 �7; 1997 c.489 �4; 1999 c.1018 �5; 2001 c.173 �1; 2005 c.399 �8]

����� 92.075 Declaration required to subdivide or partition property; contents. (1) In order to subdivide or partition any property, the declarant shall include on the face of the subdivision or partition plat, if a partition plat is required, a declaration, taken before a notary public or other person authorized by law to administer oaths, stating that the declarant has caused the subdivision or partition plat to be prepared and the property subdivided or partitioned in accordance with the provisions of this chapter. Any dedication of land to public purposes or any public or private easements created, or any other restriction made, shall be stated in the declaration.

����� (2) If the declarant is not the fee owner of the property, the fee owner and the vendor under any instrument of sale shall also execute the declaration for the purpose of consenting to the property being subdivided or partitioned.

����� (3) If the subdivision or partition plat contains any dedication or donation of land to public purposes, the holder of any mortgage or trust deed shall also execute the declaration for the purpose of consenting to the property being submitted to the provisions of this chapter.

����� (4) Notwithstanding the provisions of subsections (1) to (3) of this section, the fee owner, vendor or the mortgage or trust deed holder may record an affidavit consenting to the declaration of property being subdivided or partitioned and to any dedication or donation of property to public purposes. The affidavit must indicate the recorded document by which the interest in the property was acquired and all information required by ORS 93.410 to 93.530 and must be recorded in deed records at the same time as the subdivision or partition plat. The county clerk shall note the recording information of the affidavit on the original and any exact copies of the subdivision or partition plat. [1991 c.763 �3; 1995 c.382 �8; 2005 c.399 �9]

����� Note: 92.075 was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 92.080 Preparation of plat. Notwithstanding ORS 205.232 and 205.234, all plats subdividing or partitioning land in a county in this state, dedications of streets or roads or public parks and squares and other writings made a part of the subdivision or partition plats offered for record in a county in this state must be made on material that is 18 inches by 24 inches in size with an additional three-inch binding edge on the left side when required by the county clerk or the county surveyor, that is suitable for binding and copying purposes, and that has the characteristics of strength and permanency required by the county clerk and county surveyor. All signatures on the original subdivision or partition plat must be in archival quality black ink. The subdivision or partition plat must be of a scale required by the county surveyor. The lettering of the approvals, the declaration, the surveyor�s certificate and all other information must be of a size or type to be clearly legible, but the information may not come nearer an edge of the sheet than one inch. The subdivision or partition plat may be placed on as many sheets as necessary, but a face sheet and an index page must be included for subdivision or partition plats placed upon three or more sheets. [Amended by 1955 c.756 �12; 1973 c.696 �15; 1985 c.582 �1; 1989 c.772 �12; 1991 c.763 �14; 1993 c.321 �6; 1993 c.702 �5; 1997 c.489 �5; 1999 c.710 �3; 2005 c.399 �10]

����� 92.090 Approval of subdivision plat names; requisites for approval of tentative subdivision or partition plan or plat. (1) Subdivision plat names shall be subject to the approval of the county surveyor or, in the case where there is no county surveyor, the county assessor. No tentative subdivision plan or subdivision plat of a subdivision shall be approved which bears a name similar to or pronounced the same as the name of any other subdivision in the same county, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the contiguous subdivision bearing that name. All subdivision plats must continue the lot numbers and, if used, the block numbers of the subdivision plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for final approval shall not use block numbers or letters unless such subdivision is a continued phase of a previously recorded subdivision, bearing the same name, that has previously used block numbers or letters.

����� (2) No tentative plan for a proposed subdivision and no tentative plan for a proposed partition shall be approved unless:

����� (a) The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects unless the city or county determines it is in the public interest to modify the street or road pattern.

����� (b) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon.

����� (c) The tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under ORS 92.044 that are then in effect for the city or county within which the land described in the plan is situated.

����� (3) No plat of a proposed subdivision or partition shall be approved unless:

����� (a) Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public or private utilities.

����� (b) Streets and roads held for private use and indicated on the tentative plan of such subdivision or partition have been approved by the city or county.

����� (c) The subdivision or partition plat complies with any applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are then in effect for the city or county within which the land described in the subdivision or partition plat is situated.

����� (d) The subdivision or partition plat is in substantial conformity with the provisions of the tentative plan for the subdivision or partition, as approved.

����� (e) The subdivision or partition plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, the donation of which was made a condition of the approval of the tentative plan for the subdivision or partition.

����� (f) Explanations of all common improvements required as conditions of approval of the tentative plan of the subdivision or partition have been recorded and referenced on the subdivision or partition plat.

����� (4) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:

����� (a) A certification by a city-owned domestic water supply system or by the owner of a privately owned domestic water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed subdivision plat;

����� (b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a domestic water supply system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted in the proposed subdivision plat in an amount determined by a registered professional engineer, subject to any change in such amount as determined necessary by the city or county; or

����� (c) A statement that no domestic water supply facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, even though a domestic water supply source may exist. A copy of any such statement, signed by the subdivider and indorsed by the city or county, shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in any public report made for the subdivision under ORS 92.385. If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.

����� (5) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:

����� (a) A certification by a city-owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that a sewage disposal system will be available to the lot line of each and every lot depicted in the proposed subdivision plat;

����� (b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a sewage disposal system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed subdivision plat in an amount determined by a registered professional engineer, subject to any change in such amount as the city or county considers necessary; or

����� (c) A statement that no sewage disposal facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, where the Department of Environmental Quality has approved the proposed method or an alternative method of sewage disposal for the subdivision in its evaluation report described in ORS 454.755 (1)(b). A copy of any such statement, signed by the subdivider and indorsed by the city or county shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in the public report made for the subdivision under ORS 92.385. If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.

����� (6) A city or county shall accept as other assurance, as used in subsections (4)(b) and (5)(b) of this section, one or more award letters from public funding sources made to a subdivider who is subdividing the property to develop affordable housing, that is or will be subject to an affordability restriction as defined in ORS 456.766 or an affordable housing covenant as defined in ORS 456.270, if the awards total an amount greater than the project cost.

����� (7) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision or partition located within the boundaries of an irrigation district, drainage district, water control district, water improvement district or district improvement company shall be approved by a city or county unless the city or county has received and accepted a certification from the district or company that the subdivision or partition is either entirely excluded from the district or company or is included within the district or company for purposes of receiving services and subjecting the subdivision or partition to the fees and other charges of the district or company. [Amended by 1955 c.31 �1; 1955 c.756 �13; 1965 c.393 �1; 1973 c.696 �16; 1974 c.74 �3; 1983 c.309 �7; 1989 c.772 �13; 1991 c.331 �22; 1991 c.763 �15; 1995 c.164 �1; 2007 c.652 �3; 2023 c.223 �15]

����� 92.095 Payment of taxes, interest or penalties before subdivision or partition plat recorded. (1) A subdivision or partition plat may not be recorded unless all ad valorem taxes have been paid, including additional taxes, interest and penalties imposed on land disqualified for any special assessment and all special assessments, fees or other charges required by law to be placed upon the tax roll that have become a lien upon the land or that will become a lien during the tax year.

����� (2) After July 1, and before the certification under ORS 311.105 of any year, the subdivider or partitioner shall:

����� (a) If the exact amount of taxes, penalties, special assessments, fees and charges can be computed by the assessor, pay the amount to the tax collector. The assessor is authorized to levy and the tax collector is authorized to collect the amount.

����� (b) If the assessor is unable to compute the amount at the time, either:

����� (A) Pay the amount estimated by the assessor to be needed to pay the taxes, penalties, special assessments, fees and other charges to become due; or

����� (B) Deposit with the tax collector a bond or irrevocable letter of credit with a good and sufficient undertaking in an amount the assessor considers adequate to ensure payment of the taxes to become due. The bond or irrevocable letter of credit amount may not exceed twice the amount of the previous year�s taxes, special assessments, fees and other charges upon the land.

����� (3) Taxes paid or for which security is given under subsection (2)(a) or (b) of this section are entitled to the discount provided by ORS 311.505.

����� (4) ORS 311.370 applies to all taxes levied and collected under subsection (2) of this section, except that any deficiency constitutes a personal debt against the person subdividing or partitioning the land and not a lien against the land and must be collected as provided by law for the collection of personal property taxes.

����� (5) If a subdivision or partition plat is recorded, any additional taxes, interest or penalties imposed upon land disqualified for any special assessment become a lien upon the land on the day before the plat was recorded. [1965 c.393 �2; 1973 c.696 �17; 1979 c.350 �3; 1981 c.804 �69; 1983 c.462 �1; 1989 c.772 �14; 1991 c.331 �23; 1991 c.459 �336; 1993 c.19 �1; 2005 c.399 �11]

����� 92.097 Employment of registered engineer by private developer; government standards and fees. (1) A city, county or special district may not prohibit the employment by a developer of a registered engineer to design or supervise the installation of the improvements of streets, water and sewer lines or other public improvements that are to be installed in conjunction with the development of land using private funds.

����� (2) When design or supervision of installation of improvements is performed by a registered engineer under subsection (1) of this section, the city, county or special district may elect to establish standards for such improvements, review and approve plans and specifications and inspect the installation of improvements. The city, county or special district may collect a fee for inspection and any other services provided in an amount not to exceed the actual cost of performing the inspection or other services provided. [1979 c.191 �2; 2009 c.259 �21]

����� 92.100 Approval of plat by city or county surveyor; procedures; approval by county assessor and county governing body; fees. (1)(a) Except as provided in subsection (4) of this section, before a subdivision or partition plat that covers land within the corporate limits of a city may be recorded, the county surveyor must approve the plat.

����� (b) Notwithstanding ORS 92.170, the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surveyor or, with concurrence of the county surveyor, a contract surveyor to act as city surveyor.

����� (c) Except as provided in subsection (4) of this section, if the land is outside the corporate limits of any city, the subdivision or partition plat must be approved by the county surveyor before it is recorded.

����� (d) All subdivision plats must also be approved by the county assessor and the governing body of the county in which the property is located before recording.

����� (e) Notwithstanding paragraph (d) of this subsection, a county may provide by ordinance for the approval of subdivision plats by:

����� (A) The county assessor; and

����� (B)(i) The chairperson of the governing body of the county;

����� (ii) The vice chairperson of the governing body of the county; or

����� (iii) A person designated in lieu of the chairperson or vice chairperson.

����� (f)(A) A partition plat is subject only to the approval of the city or county surveyor unless:

����� (i) The partition plat includes a dedication of land for public road purposes; or

����� (ii) Provided otherwise by ordinance of the governing body.

����� (B) The city or county surveyor shall review the partition plat only for compliance with the survey-related provisions of ORS 92.010 to 92.192 and 209.250.

����� (2) Before approving the subdivision plat as required by this section, the county surveyor shall check the subdivision site and the subdivision plat and shall take measurements and make computations and other determinations necessary to determine that the subdivision plat complies with the survey-related provisions of ORS 92.010 to 92.192 and 209.250 and with survey-related requirements established pursuant to an ordinance or resolution passed by the governing body of the controlling city or county.

����� (3) Before approving the partition plat as required by this section, the county surveyor shall check the partition plat and make computations and other determinations that the partition plat complies with the survey-related provisions of ORS

ORS 204.020

204.020, the new county shall have existence as a county and shall be governed by the laws of this state relating to counties. The persons appointed shall serve until the first Monday in January after the general election, or, if applicable, after the election specified in ORS 249.088, at which their successors are elected.

����� (2) At the next practicable general election, or, if applicable, at the next practicable election specified in ORS 249.088, following the appointment, successors to the persons appointed under this section shall be elected. The candidate receiving the highest number of votes shall be elected county judge. If the office of county judge has judicial functions, the candidate shall be elected to a six-year term. If the office of county judge has no judicial functions, the candidate shall be elected to a four-year term. The candidate receiving the second highest number of votes shall be elected to a four-year term as commissioner. The candidate receiving the third highest number of votes shall be elected to a two-year term as commissioner.

����� (3) The successors shall take office on the first Monday in January next following their election.

����� (4) At each general election, or, if applicable, at each election specified in ORS 249.088, following the election at which the first board is elected, a successor shall be elected to fill any expiring term. [Amended by 1983 c.350 �14; 1997 c.494 �20; 2001 c.430 �6]

����� 202.110 Other county officers. (1) The county judge and the county commissioners appointed under ORS 202.100, acting as a county court, shall appoint a sheriff, a county clerk, a county assessor, a county treasurer and a county surveyor. An officer appointed under this subsection must be an elector of the new county and must accept and qualify for the office under ORS 204.016 and 204.020 before beginning service. The officers, except the county surveyor, appointed under this subsection shall serve until the first Monday in January after the election at which their successors are elected. The county surveyor appointed pursuant to this section serves for the term specified in ORS 204.010.

����� (2) At the next practicable general election following the appointment, successors to the county officers, except the county surveyor, appointed under subsection (1) of this section shall be elected. The successors shall take office on the first Monday in January next following their election.

����� (3) All justices and constables in office within the boundaries of any new county shall continue to hold office in such new county during the remainder of their term, and shall give bonds to the new county of the same amount and in the same manner as previously given to the original county in which they were elected or appointed.

����� (4) At each general election following the general election at which the first county officers under this section are elected, a successor shall be elected to fill any expiring term. [Amended by 1983 c.350 �15; 2009 c.491 �5]

����� 202.120 Locating county seat. (1) The county court of the new county may temporarily fix the county seat, and such location shall remain the county seat until the first general election thereafter, when the electors of the new county are empowered to vote for and select the place of county seat in the manner provided by law.

����� (2) Immediately after the selection of the county seat either by the county court or by the canvass of the returns of votes cast at the election for that purpose, the county court shall issue its proclamation and publish the same in a newspaper published in the new county, if there is one, and if not by posting a copy of the proclamation in each election precinct in the county announcing the selection and location of the county seat.

����� 202.130 State laws to govern county court. In all matters not specially provided for in this chapter, the county court appointed as provided in ORS 202.100 shall be governed by the laws of this state then existing in relation to counties.

����� 202.140 Compensation of members of county court. The members of the county court of any new county organized under this chapter, while in the discharge of their duties as provided in this chapter, shall receive the same compensation as is allowed by law for the performance of their ordinary official duties.

����� 202.150 Disposition of public property, records and tax liens. (1) All public buildings, records or other public property within the limits of the original county shall remain and be the property of such original county; but, if the election is held for change in county boundaries, and any public building belonging to the county is located in the territory affected by the change of boundaries, the county acquiring the new territory shall pay the county from which such territory is taken the value of such public building.

����� (2) If any county is eliminated by the change in county boundaries, all public buildings and real property of the eliminated county and all liens for unpaid taxes become the property of the county acquiring the territory where the property is situated, and all public records and documents and all other property of every kind belonging to the eliminated county become the property of the county of which the largest area of the eliminated county becomes a part.

����� 202.160 Transcription of real estate, court and tax records. (1) When a new county is organized in whole or in part from any existing county it shall be the duty of the county court of the new county to cause to be transcribed in the proper books all the records of deeds, mortgages and other instruments, probate records, court records and tax records relating to or affecting real estate in the new county. The cost of transcription shall be paid by the new county.

����� (2) When the election has been for a change in county boundaries, the county court of the county to which territory has been added shall cause to be transcribed in the proper books all the records of deeds, mortgages and other instruments, probate records and court records and tax records affecting or relating to real estate in such territory.

����� (3) Any person authorized by the county court to transcribe records pursuant to subsection (1) or (2) of this section shall have free access at all reasonable times to the original records for the purpose of transcribing the same. All records so transcribed shall have the same force and effect in all respects as original records.

����� (4) Whenever the boundaries of an existing county are changed so as to include territory theretofore within the boundaries of another county, the county court of the county to which territory has been added shall, within 60 days after the taking effect of the Act adding such territory, procure or cause to be procured, properly attested copies of the records of any county in which the lands were theretofore situated, affecting the title to the real estate within the additional territory, and have the same recorded in the records of the county. Thereafter such records shall be recognized and become a part of the official records of the county in which the same shall be so recorded, and such official records or duly certified copies thereof may be introduced in evidence with the same force and effect as the original records of which they are copies.

����� 202.170 Transfer of records. (1) When a new county is organized in whole or in part from any existing county and any record or any volume of any records of the county from which the new county is created relate wholly to property located within the new county, such records or volumes thereof shall be transferred by the officer of the old county who is in charge thereof to the officer of the new county whose duty it is to make and keep such records and take a receipt therefor. The receipt shall be filed by the officer receiving the same and shall be a sufficient accounting by and discharge to such officer for the disposition of such records. When the records have been so transferred, they shall be considered records of the county in which the property is then situated. Such records shall not be transcribed as in the case of records containing deeds, mortgages and other instruments relating to property in both counties.

����� (2) In the event of the elimination of any county in a change of county boundaries, all records of the eliminated county shall immediately be transferred to the county of which the largest area of the eliminated county becomes a part and be original records of such county.

����� 202.180 Transfer of electors� registration records and election records. (1) The county court of a new county or a county to which territory has been added shall, respectively:

����� (a) Cause all the registration records of electors living in the new county or in the territory that has been added to an existing county to be segregated from the registration records on file in the counties from which the new county is created or the county from which the territory has been removed;

����� (b) Cause the registration records to be delivered to the county clerk of the new county or the county to which the territory has been added; and

����� (c) Provide for the transfer to the county clerk of the new county or the county to which the territory has been added a list of electors and other election records, relating only to precincts and electors within the new county or the territory that has been added to an existing county.

����� (2) The county clerk of the new county or the county to which the territory has been added shall arrange and install the registration records received under subsection (1) of this section in the manner provided by law. The registration records constitute registration of the electors whose names appear on the records in the new county or the county to which the territory has been added, respectively.

����� (3) The list of electors and other registration and election records are records of the new county or the county to which the territory has been added, respectively.

����� (4)(a) If a county boundary change occurs on a date within a period described in paragraph (b) of this subsection, the change is not effective for purposes of eligibility for elections within the territory that is removed from one county and added to another county until the day after the respective ending date described in paragraph (b) of this subsection.

����� (b) The periods referred to in paragraph (a) of this subsection are the periods:

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

����� (B) Beginning on the day after the deadline for filing the notice of election before any election, other than a primary election or a general election, that is held by a county, district or other municipal corporation affected by the boundary change and ending on the day of the election. [Amended by 2007 c.154 �59; 2013 c.326 �6]

����� 202.190 Payment of moneys due from state. All moneys due from the State of Oregon to a new county shall be paid to the county treasurer of the new county in the manner and at the same time that such moneys are paid to the other counties of the state. All moneys due from the state to a county from which any territory is taken by reason of change in the boundaries thereof shall be paid to the treasurer of the two counties affected in proportion to the change in the territory affected by the change in boundaries. [Amended by 1975 c.614 �3]

����� 202.200 Apportionment of state taxes payable. A new county�s proportion of the state taxes shall be determined as follows:

����� (1) If the new county is formed from one county, the new county shall pay its pro rata share of the amount of state taxes which the county from which it is formed is to pay for that year, and for each succeeding year thereafter until otherwise provided for, based upon the ratio that the taxable valuation of the property in the new county bears to the taxable valuation of the property of the original county before the new county was formed.

����� (2) If the new county is formed from more than one county, the new county shall pay its pro rata share of the amount of state taxes which each of the counties from which it is formed is to pay for that year, and for each succeeding year thereafter until otherwise provided for, based upon the ratio that the taxable valuation of the property in the area taken from each original county bears to the taxable valuation of the property in each original county before the new county was formed.

����� (3) In the event the election was for the purpose of a change in county boundaries and a portion of the territory in one county has been added to another county, the state taxes shall be adjusted in the same manner and upon the same basis as in the formation of new counties from more than one county.

����� 202.210 Ascertainment, apportionment and assumption of indebtedness. (1) Any new county organized under this chapter shall assume and pay, as provided in this section, a just proportion of the indebtedness of the counties from which it is segregated, based upon the last assessed valuation of the original counties, and in proportion that the valuation within the segregated portion bears to the aggregate valuation of the whole original counties.

����� (2) In the event of a change in boundaries and the addition of a portion of the territory of one county to another county, the county to which such territory is added shall assume and pay, as provided in this section, a just proportion of the indebtedness of the county from which the territory is segregated based upon the last assessed valuation of the county from which the territory is segregated, in proportion that the valuation within the segregated portion bears to the aggregate valuation of the original county from which the territory is taken.

����� (3) It shall be the duty of the county courts of both the new county organized under this chapter and the counties from which the new county is segregated, or the county courts of the two counties in which a change of boundaries has been effected, to meet together at the county seat of the new county or at the county seat of the county from which such territory is taken by a change of boundaries, on the third Monday in the sixth month following the date of the proclamation of the Governor, as provided for in ORS 202.060. They shall ascertain, as near as may be, the total outstanding indebtedness of the original counties on the first day of January following the election, and from the total indebtedness shall make the following deductions:

����� (a) The amount of all dues for rents.

����� (b) The reasonable value of all public buildings owned by and remaining within the limits of the original counties.

����� (c) The amount of public funds on hand and belonging to the original counties on the day for which its outstanding indebtedness is ascertained by the joint board of county courts, and not belonging to the special funds mentioned in ORS 202.220.

����� (4) The amount remaining after such deductions have been made shall, for the purposes and as a basis for the settlement, be the amount which the new county or the county acquiring territory by a change in boundaries, shall pay as a portion of, in the proportions specified. Such joint courts shall ascertain and fix the amount the new county shall assume and pay to the counties from which it is segregated, and the amount the county acquiring the new territory by reason of change in boundaries shall assume and pay to the county from which such territory is segregated.

����� (5) If by a change in county boundaries, an existing county has been eliminated, the county courts of the counties to which the territory formerly constituting the eliminated county has been added shall meet with the court of the eliminated county at the county seat of the eliminated county on the third Monday of the month following the date of the proclamation of the Governor, and shall determine as provided in this section the amount of any net outstanding indebtedness of the eliminated county. Each county to which territory from the eliminated county has been added shall assume and pay its proportional part of the indebtedness of the eliminated county to the county to which the largest area of the eliminated county has been added and such county shall pay off all outstanding indebtedness of the county eliminated. However, the territory of the county eliminated shall be responsible for its own net indebtedness at the time of elimination of the county and the property therein shall be subject to such further tax levies from year to year as may be necessary to retire the outstanding indebtedness of the eliminated county as the same shall come due, but such territory shall not become liable for any outstanding indebtedness of any county to which a portion or all of the eliminated county shall have been added.

����� 202.220 Disposition of special funds and property. All moneys belonging to special funds, such as fire, school, roads and other funds and property owned by the districts within the boundaries of the new county organized under this chapter or owned by the districts in the territory affected by the change in boundaries segregated under the provisions of this chapter on hand at the time of the settlement provided for in ORS 202.210, shall be turned over in full by the county court of the original county to the county court of the new county, or to the county court of the county acquiring the new territory, and shall be receipted for by the latter and placed to the credit of the districts of the county to which the property belonged.

����� 202.230 Distribution of funds in excess of indebtedness. (1) Any county in which the amount of public funds on hand at the time of the settlement provided for in 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 205.450

205.450 and 205.455.

����� No order from a court of competent jurisdiction authorizing the filing of such encumbrance accompanied the filing and, pursuant to ORS 205.455, the encumbrance has no legal effect and is invalid.

����� A copy of this Notice of Invalid Encumbrance has been mailed this day by depositing a true copy of the notice in the United States mail, addressed to _ (name and address of encumbrance claimant), the last-known address of _ (insert name of encumbrance claimant).

����� DATED this ___ day of __, _.

Attorney for ___

SUBSCRIBED AND SWORN to before me this ___ day of ___, ___.

NOTARY PUBLIC FOR OREGON

My commission expires: ______

����� (6) A copy of the notice of invalid encumbrance filed under this section shall be posted at the county courthouse and mailed by the attorney to the encumbrance claimant at the encumbrance claimant�s last-known address, if available.

����� (7) No person or county shall be liable under this section for accepting for filing an invalid claim of encumbrance or for accepting for filing a notice of invalid encumbrance.

����� (8) Filing a notice of invalid encumbrance under this section shall clear title to all property that is affected by the claim of encumbrance that is the subject of the notice of invalid encumbrance from all claims, liens, charges or liabilities attached to the property under the claim of encumbrance. [1997 c.290 �2; 2011 c.637 �71]

����� 205.460 Order to show cause why invalid claim of encumbrance should not be stricken; petition; hearing; release of invalid claim; procedure unavailable against certain persons. (1) A person whose property is subject to an invalid claim of encumbrance may petition the circuit court of the county in which the person resides or in which the property is located for an order, which may be granted ex parte, directing the encumbrance claimant to appear at a hearing before the court and show cause why the claim of encumbrance should not be stricken and other relief provided by this section should not be granted. The court shall schedule the hearing no earlier than seven days after the date of the order. The scheduled date of the hearing shall allow adequate time for notice of the hearing under subsection (4) of this section.

����� (2) A petition under this section shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner�s attorney setting forth a concise statement of the facts upon which the motion is based.

����� (3) The petition and affidavit described in subsection (2) of this section shall be in substantially the following form:

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ___

___,���� )

Petitioner,������� )���������� Case No. _____

����� )

����� )���� PETITION FOR AN

����� )���� ORDER STRIKING

v.�� )���� AND RELEASING

����� )���� ENCUMBRANCES,

����� )���� AWARDING COSTS

����� )���� AND ATTORNEY FEES

___,���� )���������� AND ORDER TO

Respondent.��� ) SHOW CAUSE

����� Petitioner, _ (insert name), by and through _ (insert name and title of attorney for petitioner, if applicable), petitions this court, pursuant to ORS 205.460, for an order striking and releasing purported encumbrances, filed or recorded against Petitioner by Respondent, _ (insert name or names) filed or recorded in book/reel/volume No. _ on page or document/fee/file/instrument/microfilm No. in the ___ (insert name of office where document was filed or recorded), and for an order, pursuant to ORS 205.460, for costs and attorney fees required to bring this action, on the grounds that the purported encumbrances have no basis in law or fact. Petitioner further requests that this court enter an order requiring Respondent to appear before this court and to show cause why the above order should not be entered. Finally, Petitioner requests an order from the court requiring Respondent to pay penalties and damages as provided in ORS 205.470.

����� DATED this ___ day of __, _.

Petitioner or Petitioner�s Attorney

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ___

___,���� )

Petitioner,������� )���������� Case No. _____

����� )

����� )���� AFFIDAVIT OF

v.�� )���� ______

����� )

����� )

___,���� )

Respondent.��� )

______����������� )

STATE OF OREGON���������� )

����� ) ss.

County of ___ )

����� I, ___ (insert name of affiant), after being duly sworn, depose and say:

����� 1. I am the above-entitled petitioner (or the attorney for the petitioner) in this matter.

����� 2. The information contained in this affidavit is of my own personal knowledge.

����� 3. Attached as numbered exhibits are true and correct copies of the following documents that were filed or recorded in the _ (insert name of office where documents were filed or recorded) on _ (insert date):

����� (List and attach document(s))

����� 4. For any purported encumbrances identified above the following is true. The encumbrance is not authorized by statute, was not entered into consensually, and is not an equitable, constructive or other encumbrance imposed by a court of competent jurisdiction.

����� DATED this ___ day of __, _.

(Petitioner or Petitioner�s Attorney)

SUBSCRIBED AND SWORN to before me this ___ day of ___, ___.:LEND

NOTARY PUBLIC FOR OREGON

My commission expires: ______

����� (4) A copy of the petition and the order directing the encumbrance claimant to appear under this section shall be served upon the encumbrance claimant:

����� (a) By service in the manner provided for personal service of summons under ORCP 7; or

����� (b) By mailing a true copy of the petition, affidavit and order to the encumbrance claimant at the encumbrance claimant�s last-known address, both by first class mail and by certified or registered mail, return receipt requested. A notice mailed under this paragraph is effective on the date that the notice is deposited with the United States Postal Service, properly addressed and postage prepaid.

����� (5) The order to show cause shall be in substantially the following form and shall clearly state that if the encumbrance claimant fails to appear at the time and place noted, the claim of encumbrance shall be stricken and released and that the encumbrance claimant shall be ordered to pay the costs and reasonable attorney fees incurred by the petitioner at trial and on appeal:

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ___

___,���� )

Petitioner,������� )���������� Case No. _____

����� )

����� )���� ORDER TO

v.�� )���� SHOW CAUSE

����� )

����� )

___,���� )

Respondent.��� )

����� THIS MATTER came before the court on _ (insert date) on Petitioner�s Petition for an Order Striking and Releasing Encumbrances, Awarding Costs and Attorney Fees and Order to Show Cause. The court, having considered the petition, the Affidavit of _ (insert name) and the attached exhibits, and it appearing to the court that there are sufficient grounds to issue an order to show cause,

����� IT IS HEREBY ORDERED that the Respondent, _ (insert name), appear before this court on _ (insert date), at ______ (insert time), to show cause why the petition should not be granted in its entirety.

IMPORTANT NOTICE:

����� IF YOU FAIL TO APPEAR AT THE ABOVE TIME AND PLACE, THE COURT MAY ENTER AN ORDER STRIKING AND RELEASING YOUR ENCUMBRANCE CLAIMS FILED AGAINST PETITIONER AND YOU MAY BE ORDERED TO PAY COSTS AND REASONABLE ATTORNEY FEES INCURRED BY THE PETITIONER.

����� DATED this ___ day of __, _.

Circuit Court Judge

����� (6) If the court determines that the claim of encumbrance is invalid, the court shall issue an order striking and releasing the claim of encumbrance and may award costs and reasonable attorney fees at trial and on appeal to the petitioner to be paid by the encumbrance claimant. If the court determines that the claim of encumbrance is valid, the court shall issue an order so stating and may award costs and reasonable attorney fees at trial and on appeal to the encumbrance claimant to be paid by the petitioner.

����� (7) The procedure set forth in this section is not available against a person lawfully conducting business as:

����� (a) An institution, a national bank, an out-of-state bank or an extranational institution, as those terms are defined in ORS 706.008, a savings bank, a federal savings bank or a subsidiary of an entity described in this paragraph;

����� (b) A financial holding company, a bank holding company, a savings and loan holding company or a subsidiary of a financial holding company, a bank holding company or a savings and loan holding company;

����� (c) A credit union, as defined in ORS 723.006, or a federal credit union;

����� (d) A consumer finance company subject to the provisions of ORS chapter 725;

����� (e) A mortgage banker or a mortgage broker, as those terms are defined in ORS 86A.100, a mortgage servicing company or any other mortgage company; or

����� (f) An insurer as defined in ORS 731.106.

����� (8) The procedure set forth in this section is not available against:

����� (a) An officer, agency, department or instrumentality of the federal government;

����� (b) An officer, agency, department or instrumentality of this state; or

����� (c) An officer, agency, department or instrumentality of a political subdivision or public corporation in this state. [1997 c.290 �3; 1999 c.59 �57; 2001 c.377 �42; 2009 c.541 �9; 2015 c.244 �89a]

����� 205.465 Claim of encumbrance against certain property invalid without judicial order. A claim of encumbrance against the property of a federal official or employee or against the property of a state or local official or employee based on the performance or nonperformance of official duties of the official, employee or agent shall be invalid unless an order from a court of competent jurisdiction authorizing the filing of the encumbrance is filed with the encumbrance. [1997 c.290 �4]

����� 205.470 Liability for filing invalid claim of encumbrance. Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property bound by the claim of encumbrance for a sum of not less than $5,000 or for actual damages caused by the filing of the claim of encumbrance, whichever is greater, together with costs and reasonable attorney fees at trial and on appeal. Any grantee or other person purportedly benefited by an invalid encumbrance that is filed who willfully refuses to release the invalid encumbrance upon request of the owner of the property affected shall be liable to the owner for the damages and costs and reasonable attorney fees at trial and on appeal provided in this section. [1997 c.290 �5]

MISCELLANEOUS PROVISIONS

����� 205.510 County clerk not to act or have partner acting as attorney. (1) No county clerk shall during the term of office of that clerk institute or assist in instituting any suit, action or probate proceeding in any court of which the clerk is an officer, act as an attorney or counselor with or without hire in any such suit, action or proceeding, or have a partner who shall act as an attorney in any of such proceedings.

����� (2) The county clerk of Multnomah County and the deputies of the clerk are prohibited from practicing or having a partner practicing as an attorney-at-law, while in office.

����� 205.515 Orders or warrants issued by state agency or officer; docketing; transfer to County Clerk Lien Record. (1) If an order or warrant issued by a state agency or officer was docketed in the judgment docket of the circuit court of any county before October 3, 1989, notice of satisfaction or release of the lien of an order or warrant so docketed shall be docketed in the same judgment docket in which the order or warrant was docketed.

����� (2) If an order or warrant issued by a state agency or officer was docketed in the judgment docket of a circuit court of any county before October 3, 1989, the officer or agency may cause such an order or warrant to be transferred to and recorded in the County Clerk Lien Record of the same county in which the order or warrant was originally docketed as provided in subsection (3) of this section. An order or warrant so transferred shall continue the lien created by the original docketing of the order or warrant.

����� (3) Upon request, the clerk of a circuit court shall supply to an officer or agency a certified copy of any order or warrant docketed in the judgment docket of a circuit court before October 3, 1989. That certified copy may then be recorded in the County Clerk Lien Record of the county where the circuit court is located in the same manner and with the same effect provided for the recording of original orders and warrants. Upon recording of the order or warrant, the agency or officer shall as soon as possible thereafter cause to be returned to the clerk of the circuit court that prepared the certified copy, the original of that certified copy reflecting the recording of the copy in the County Clerk Lien Record and the date of the recording. The clerk shall then cause to be entered in the register a notation reflecting the recording of the order or warrant in the County Clerk Lien Record and the date of the recording.

����� (4) Nothing in this section shall be construed to affect the status of liens created by, or require the transfer from, any judgment docket to any County Clerk Lien Record of any order or warrant docketed in a judgment docket before October 3, 1989. [1989 c.706 �5; 2003 c.576 �196]

����� 205.520 [Repealed by 1981 c.48 �8]

����� 205.525 Interest on penalties imposed by orders; satisfaction of orders or warrants issued by state agency or officer; recording release of lien in County Clerk Lien Record. (1) Interest on a penalty imposed by an order shall run from the date of issuance of a final order at the rate provided for interest on judgments provided for in ORS 82.010 unless the penalty is paid within the time allowed by law.

����� (2) An order or warrant may be satisfied by payment of the amount due under the order or warrant, any penalties or interest accruing in connection with the order or warrant under law, and all costs incurred by the agency in connection with recording, indexing or service of the order or warrant and the satisfaction thereof. When an order or warrant has been fully satisfied it shall be the responsibility of the agency or officer that issued the order or warrant to record a full satisfaction in each county in which the order or warrant was recorded.

����� (3) The lien of an order or warrant may be released only by the officer or agency that issued the order or warrant. A release of the lien may be recorded in the County Clerk Lien Record in which the order or warrant was recorded. If the officer or agency records a release, the cost of recording or indexing the release may be recovered in advance from the person seeking the release. [1989 c.706 �4; 2005 c.22 �157]

����� 205.530 [Repealed by 1981 c.48 �8]

PENALTIES

����� 205.990 Penalties. Any officer who violates ORS 205.510 (1) shall be deemed guilty of official misconduct and punished therefor as provided by ORS 162.415. [Amended by 1959 c.552 �15; 1971 c.743 �346]

ORS 209.990

209.990���� Penalties; civil remedies

����� 209.005 Definitions. As used in this chapter, unless the context requires otherwise:

����� (1) �Control point� means a horizontal or vertical survey position set within the stated precision of the survey.

����� (2) �County surveyor� means an individual appointed or elected to the office of county surveyor and who is responsible for performing the duties of such office as described by law.

����� (3) �Deputy county surveyor� means an individual appointed by the county surveyor to the office of deputy county surveyor.

����� (4) �Geodetic control� means horizontal or vertical survey monuments that are primarily intended to be used as reference positions for other surveys or that serve to extend the national geodetic control network.

����� (5) �Monument� means any permanent material object or collection of objects, either natural or man-made, that indicates the position on the ground of a survey station, public land survey corner or accessories, or a land boundary corner established by a qualified surveyor.

����� (6) �Public land survey corner� means a section corner, one-quarter section corner, Donation Land Claim corner, meander corner, witness corner or any other corner established by the General Land Office or its successor.

����� (7) �Registered professional land surveyor� has the meaning given that term in ORS 672.002. [1989 c.394 �2; 1991 c.339 �1; 2005 c.230 �1]

����� 209.010 [Repealed by 1953 c.306 �18]

����� 209.015 Authority to enter upon land; no unnecessary damage; notice. (1) Subject to subsection (3) of this section, the county surveyor, and employees and agents of the county surveyor, may enter upon any land for the purpose of surveying or performing any work necessary to carry out existing laws and may establish permanent survey monuments.

����� (2) Any person exercising the right of entry granted under subsection (1) of this section shall do so with no unnecessary damage to the land entered upon.

����� (3) A county surveyor or any employee or agent of the county surveyor shall not enter upon or establish any permanent survey monument upon any property without first providing notice to the landowner or landowners and the occupant of the property. [1993 c.219 �2]

����� 209.020 Surveys on court order; fees. The county surveyor shall execute all orders directed to the surveyor by any court of record or county court for surveying roads, or surveying or resurveying any tract of land the title to which is in dispute before such court, and all orders of survey for the partition of real estate. The county surveyor may charge and collect a fee that will reimburse the county for work performed under this section. [Amended by 1979 c.653 �1; 1989 c.394 �4]

����� 209.030 Surveys on court order of land divided by county line; fees. When lands the title to which is in dispute before any court are divided by a county line, the court making an order of survey may direct such order to the surveyor of any county in which any part of such land is situated. The county surveyor may charge and collect a fee that will reimburse the county for work performed under this section. [Amended by 1989 c.394 �5]

����� 209.040 Substitution when county surveyor interested in land. When it appears that the county surveyor is interested in any tract of land, the title to which is in dispute before the court, the court shall direct the survey or resurvey to be made by a registered professional land surveyor, who is in nowise interested. The substitute surveyor shall be authorized to administer oaths in the same manner as the county surveyor, return the survey or resurvey on oath or affirmation and receive for the services the same fees that the county surveyor would receive for similar services. [Amended by 1979 c.653 �2; 1989 c.394 �6]

����� 209.050 [Amended by 1979 c.653 �3; repealed by 1981 c.111 �2]

����� 209.060 [Repealed by 1979 c.653 �18]

����� 209.070 Duties. The county surveyor of each county shall:

����� (1) Keep a fair and correct record of all surveys made by the county surveyor and deputies thereof and by the county road official, all surveys received pursuant to ORS

ORS 215.799

215.799���� Location of dwellings on wildlife habitat land

COUNTY PLANNING

����� 215.010 Definitions. As used in this chapter:

����� (1) The terms defined in ORS 92.010 shall have the meanings given therein, except that �parcel�:

����� (a) Includes a unit of land created:

����� (A) By partitioning land as defined in ORS 92.010;

����� (B) In compliance with all applicable planning, zoning and partitioning ordinances and regulations; or

����� (C) By deed or land sales contract, if there were no applicable planning, zoning or partitioning ordinances or regulations.

����� (b) Does not include a unit of land created solely to establish a separate tax account.

����� (2) �Tract� means one or more contiguous lots or parcels under the same ownership.

����� (3) The terms defined in ORS chapters 197 and 197A shall have the meanings given therein.

����� (4) �Farm use� has the meaning given that term in ORS 215.203.

����� (5) �Recreational structure� means a campground structure with or without plumbing, heating or cooking facilities intended to be used by any particular occupant on a limited-time basis for recreational, seasonal, emergency or transitional housing purposes and may include yurts, cabins, fabric structures or similar structures as further defined, by rule, by the Director of the Department of Consumer and Business Services.

����� (6) �Recreational vehicle� has the meaning given that term in ORS 174.101.

����� (7) �The Willamette Valley� is Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and the portion of Benton and Lane Counties lying east of the summit of the Coast Range. [Amended by 1955 c.756 �25; 1963 c.619 �1 (1); 1985 c.717 �4; 1993 c.792 �8; 1999 c.327 �1; 2019 c.585 �19a; 2022 c.54 �15]

����� 215.020 Authority to establish county planning commissions. (1) The governing body of any county may create and provide for the organization and operations of one or more county planning commissions.

����� (2) This section shall be liberally construed and shall include the authority to create more than one planning commission, or subcommittee of a commission, for a county or the use of a joint planning commission or other intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.552 �1; 1975 c.767 �15]

����� 215.030 Membership of planning commission. (1) The county planning commission shall consist of five, seven or nine members appointed by the governing body for four-year terms, or until their respective successors are appointed and qualified, except that the terms of the initial members must be staggered for one, two, three and four years.

����� (2) A commission member may be removed by the governing body, after hearing, for misconduct or nonperformance of duty.

����� (3) Any vacancy on the commission must be filled by the governing body for the unexpired term.

����� (4) Members of the commission shall serve without compensation other than reimbursement for duly authorized expenses.

����� (5) Members of a commission must be residents of the various geographic areas of the county. If the commission has five or fewer members, no more than two voting members may be engaged principally in the buying, selling or developing of real estate for profit, as individuals, or be members of any partnership or officers or employees of any corporation that is engaged principally in the buying, selling or developing of real estate for profit. No more than two voting members may be engaged in the same kind of occupation, business, trade or profession.

����� (6) The governing body may designate one or more officers of the county to be nonvoting members of the commission.

����� (7) Except for subsection (5) of this section, the governing body may provide by ordinance for alternative rules to those specified in this section. [Amended by 1963 c.619 �2; 1973 c.552 �2; 1977 c.766 �1; 2025 c.355 �1]

����� 215.035 [1973 c.552 �10; renumbered 244.135 in 1993]

����� 215.040 [Amended by 1973 c.552 �3; repealed by 1977 c.766 �16]

����� 215.042 Planning director. (1) The governing body of each county shall designate an individual to serve as planning director for the county responsible for administration of planning. The governing body shall provide employees as necessary to assist the director in carrying out responsibilities. The director shall be the chief administrative officer in charge of the planning department of the county, if one is created.

����� (2) The director shall provide assistance, as requested, to the planning commission and shall coordinate the functions of the commission with other departments, agencies and officers of the county that are engaged in functions related to planning for the use of lands within the county.

����� (3) The director shall serve at the pleasure of the governing body of the county. [1973 c.552 �9]

����� 215.044 Solar access ordinances; purpose; standards. (1) County governing bodies may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The county governing body shall consider for inclusion in any solar access ordinance, but not be limited to, standards for:

����� (a) The orientation of new streets, lots and parcels;

����� (b) The placement, height, bulk and orientation of new buildings;

����� (c) The type and placement of new trees on public street rights of way and other public property; and

����� (d) Planned uses and densities to conserve energy, facilitate the use of solar energy, or both.

����� (2) The State Department of Energy shall actively encourage and assist county governing bodies� efforts to protect and provide for solar access.

����� (3) As used in this section, �solar heating hours� means those hours between three hours before and three hours after the sun is at its highest point above the horizon on December 21. [1981 c.722 �2]

����� 215.046 [1973 c.552 �11; repealed by 1977 c.766 �16]

����� 215.047 Effect of comprehensive plan and land use regulations on solar access ordinances. Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations. [1981 c.722 �3]

����� 215.050 Comprehensive planning, zoning and subdivision ordinances; copies available. (1) Except as provided in ORS

ORS 227.600

227.600���� Land use approval preapplication review

CITY PLANNING COMMISSION

����� 227.010 Definition for ORS 227.030 to 227.300. As used in ORS 227.030 to 227.300, �council� means a representative legislative body. [Amended by 1975 c.767 �1]

����� 227.020 Authority to create planning commission. (1) A city may create a planning commission for the city and provide for its organization and operations.

����� (2) This section shall be liberally construed and shall include the authority to create a joint planning commission and to utilize an intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.739 �1; 1975 c.767 �2]

����� 227.030 Membership. (1) Not more than two members of a city planning commission may be city officers, who shall serve as ex officio nonvoting members.

����� (2) A member of such a commission may be removed by the appointing authority, after hearing, for misconduct or nonperformance of duty.

����� (3) Any vacancy in the commission must be filled by the appointing authority for the unexpired term of the predecessor in the office.

����� (4) If the commission has five or fewer members, no more than two voting members of the commission may engage principally in the buying, selling or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that engages principally in the buying, selling or developing of real estate for profit. No more than two members may be engaged in the same kind of occupation, business, trade or profession. [Amended by 1969 c.430 �1; 1973 c.739 �2; 1975 c.767 �3; 2025 c.355 �2]

����� 227.035 [1973 c.739 �5; renumbered 244.135 in 1993]

����� 227.040 [Repealed by 1973 c.739 �13]

����� 227.050 [Amended by 1969 c.430 �2; repealed by 1975 c.767 �16]

����� 227.060 [Repealed by 1975 c.767 �16]

����� 227.070 [Amended by 1969 c.430 �3; 1973 c.739 �3; repealed by 1975 c.767 �16]

����� 227.080 [Repealed by 1973 c.739 �13]

����� 227.090 Powers and duties of commission. (1) Except as otherwise provided by the city council, a city planning commission may:

����� (a) Recommend and make suggestions to the council and to other public authorities concerning:

����� (A) The laying out, widening, extending and locating of public thoroughfares, parking of vehicles, relief of traffic congestion;

����� (B) Betterment of housing and sanitation conditions;

����� (C) Establishment of districts for limiting the use, height, area, bulk and other characteristics of buildings and structures related to land development;

����� (D) Protection and assurance of access to incident solar radiation; and

����� (E) Protection and assurance of access to wind for potential future electrical generation or mechanical application.

����� (b) Recommend to the council and other public authorities plans for regulating the future growth, development and beautification of the city in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper service of public utilities and telecommunications utilities, including appropriate public incentives for overall energy conservation and harbor, shipping and transportation facilities.

����� (c) Recommend to the council and other public authorities plans for promotion, development and regulation of industrial and economic needs of the community in respect to industrial pursuits.

����� (d) Advertise the industrial advantages and opportunities of the city and availability of real estate within the city for industrial settlement.

����� (e) Encourage industrial settlement within the city.

����� (f) Make economic surveys of present and potential industrial needs of the city.

����� (g) Study needs of local industries with a view to strengthening and developing them and stabilizing employment conditions.

����� (h) Do and perform all other acts and things necessary or proper to carry out the provisions of ORS 227.010 to 227.170, 227.175 and 227.180.

����� (i) Study and propose such measures as are advisable for promotion of the public interest, health, morals, safety, comfort, convenience and welfare of the city and of the area within six miles thereof.

����� (2) For the purposes of this section:

����� (a) �Incident solar radiation� means solar energy falling upon a given surface area.

����� (b) �Wind� means the natural movement of air at an annual average speed measured at a height of 10 meters of at least eight miles per hour. [Amended by 1975 c.153 �3; 1975 c.767 �4; 1979 c.671 �3; 1981 c.590 �8; 1987 c.447 �118]

����� 227.095 Definitions for ORS 227.100 and 227.110. As used in ORS 227.100 and 227.110, �subdivision� and �plat� have the meanings given those terms in ORS 92.010. [1955 c.756 �28]

����� 227.100 Submission of plats for subdivisions and plans for street alterations and public buildings to commission; report. All subdivision plats located within the city limits, and all plans or plats for vacating or laying out, widening, extending, parking and locating streets or plans for public buildings shall first be submitted to the commission by the city engineer or other proper municipal officer, and a report thereon from the commission secured in writing before approval is given by the proper municipal official. [Amended by 1955 c.756 �26]

����� 227.110 City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city; exception. (1) All subdivision plats and all plats or deeds dedicating land to public use in that portion of a county within six miles outside the limits of any city shall first be submitted to the city planning commission or, if no such commission exists, to the city engineer of the city and approved by the commission or engineer before they shall be recorded. However, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251, if the county governing body has adopted ordinances or regulations for subdivisions and partitions under ORS 92.044, land within the six-mile limit shall be under the jurisdiction of the county for those purposes.

����� (2) It shall be unlawful to receive or record such plat or replat or deed in any public office unless the same bears thereon the approval, by indorsement, of such commission or city engineer. However, the indorsement of the commission or city engineer of the city with boundaries nearest the land such document affects shall satisfy the requirements of this section in case the boundaries of more than one city are within six miles of the property so mapped or described. If the governing bodies of such cities mutually agree upon a boundary line establishing the limits of the jurisdiction of the cities other than the line equidistant between the cities and file the agreement with the recording officer of the county containing such boundary line, the boundary line mutually agreed upon shall become the limit of the jurisdiction of each city until superseded by a new agreement between the cities or until one of the cities files with such recording officer a written notification stating that the agreement shall no longer apply. [Amended by 1955 c.756 �27; 1983 c.570 �5; 1991 c.763 �25]

����� 227.120 Procedure and approval for renaming streets. Within six miles of the limits of any city, the commission, if there is one, or if no such commission legally exists, then the city engineer, shall recommend to the city council the renaming of any existing street, highway or road, other than a county road or state highway, if in the judgment of the commission, or if no such commission legally exists, then in the judgment of the city engineer, such renaming is in the best interest of the city and the six mile area. Upon receiving such recommendation the council shall afford persons particularly interested, and the general public, an opportunity to be heard, at a time and place to be specified in a notice of hearing published in a newspaper of general circulation within the municipality and the six mile area not less than once within the week prior to the week within which the hearing is to be held. After such opportunity for hearing has been afforded, the city council by ordinance shall rename the street or highway in accordance with the recommendation or by resolution shall reject the recommendation. A certified copy of each such ordinance shall be filed for record with the county clerk or recorder, and a like copy shall be filed with the county assessor and county surveyor. The county surveyor shall enter the new names of such streets and roads in red ink on the county surveyor�s copy of any filed plat and tracing thereof which may be affected, together with appropriate notations concerning the same. The original plat may not be corrected or changed after it is recorded with the county clerk. [Amended by 2001 c.173 �4]

����� 227.130 [Repealed by 1975 c.767 �16]

����� 227.140 [Repealed by 1975 c.767 �16]

����� 227.150 [Repealed by 1975 c.767 �16]

PLANNING AND ZONING HEARINGS AND REVIEW

����� 227.160 Definitions for ORS 227.160 to 227.186. As used in ORS 227.160 to 227.186:

����� (1) �Hearings officer� means a planning and zoning hearings officer appointed or designated by a city council under ORS 227.165.

����� (2) �Permit� means discretionary approval of a proposed development of land, under ORS

ORS 243.330

243.330]

����� Note: See note under 243.853.

����� 243.855 Reimbursement to public employer. Public employees eligible for the benefits authorized by ORS 243.853 to 243.855 are obligated to reimburse the employer in full through monetary payment, with no interest charge, or through hours worked equivalent to the number of hours spent on athletic leave, or a combination of both. Full reimbursement shall be accomplished at a time not later than 10 years following the last day the employee received benefits under ORS 243.853 to 243.855. [Formerly 243.335]

����� Note: See note under 243.853.

PAY DIFFERENTIAL FOR USE OF AMERICAN SIGN LANGUAGE

����� 243.857 Pay differential for use of American Sign Language. (1) As used in this section, �public employer� has the meaning given that term in ORS 243.650.

����� (2) Whenever a public employer�s employment policies provide for a pay differential for a public employee�s use of bilingual or multilingual skills in performing assigned duties, the policies must provide for, in the same manner as would be provided for the use of any other bilingual or multilingual skills, a pay differential for an employee�s use of American Sign Language in performing assigned duties. [2025 c.169 �1]

����� Note: 243.857 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

OREGON EDUCATORS BENEFIT BOARD

����� 243.860 Definitions for ORS 243.860 to 243.886. As used in ORS 243.860 to 243.886, unless the context requires otherwise:

����� (1) �Benefit plan� includes but is not limited to:

����� (a) Contracts for insurance or other benefits, including medical, dental, vision, life, disability and other health care recognized by state law, and related services and supplies;

����� (b) Self-insurance programs managed by the Oregon Educators Benefit Board; and

����� (c) Comparable benefits for employees who rely on spiritual means of healing.

����� (2) �Carrier� means an insurance company or health care service contractor holding a valid certificate of authority from the Director of the Department of Consumer and Business Services, or two or more companies or contractors acting together pursuant to a joint venture, partnership or other joint means of operation, or a board-approved provider or guarantor of benefit plan coverage and compensation.

����� (3) �District� means a common school district, a union high school district, an education service district, as defined in ORS 334.003, or a community college district, as defined in ORS 341.005.

����� (4)(a) �Eligible employee� includes:

����� (A) An officer or employee of a district or a local government who elects to participate in one of the benefit plans described in ORS 243.864 to 243.874; and

����� (B) An officer or employee of a district or a local government, whether or not retired, who:

����� (i) Is receiving a service retirement allowance, a disability retirement allowance or a pension under the Public Employees Retirement System or is receiving a service retirement allowance, a disability retirement allowance or a pension under any other retirement or disability benefit plan or system offered by the district or local government for its officers and employees;

����� (ii) Is eligible to receive a service retirement allowance under the Public Employees Retirement System and has reached earliest service retirement age under ORS chapter 238;

����� (iii) Is eligible to receive a pension under ORS 238A.100 to 238A.250 and has reached earliest retirement age as described in ORS 238A.165; or

����� (iv) Is eligible to receive a service retirement allowance or pension under any other retirement benefit plan or system offered by the district or local government and has attained earliest retirement age under the plan or system.

����� (b) Except as provided in paragraph (a)(B) of this subsection, �eligible employee� does not include an individual:

����� (A) Engaged as an independent contractor;

����� (B) Whose periods of employment in emergency work are on an intermittent or irregular basis; or

����� (C) Who is employed on less than a half-time basis unless the individual is employed in a position classified as a job-sharing position or unless the individual is defined as eligible under rules of the Oregon Educators Benefit Board or under a collective bargaining agreement.

����� (5) �Family member� means an eligible employee�s spouse or domestic partner and any unmarried child or stepchild of an eligible employee within age limits and other conditions imposed by the Oregon Educators Benefit Board with regard to unmarried children or stepchildren.

����� (6) �Local government� means any city, county or special district in this state.

����� (7) �Payroll disbursing officer� means the officer or official authorized to disburse moneys in payment of salaries and wages of officers and employees of a district or a local government.

����� (8) �Premium� means the monthly or other periodic charge, including administrative fees of the Oregon Educators Benefit Board, for a benefit plan.

����� (9) �Primary care� means family medicine, general internal medicine, naturopathic medicine, obstetrics and gynecology, pediatrics or general psychiatry.

����� (10) �Total medical expenditures� means payments to reimburse the cost of physical and mental health care provided to eligible employees or their family members, excluding prescription drugs, vision care and dental care, whether paid on a fee-for-service basis or as part of a capitated rate or other type of payment mechanism. [2007 c.7 �1; 2013 c.731 �15; 2017 c.489 �10]

����� Note: 243.860 to 243.886 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 243.862 Oregon Educators Benefit Board; members; term; expenses; officers; quorum; meetings; confirmation. (1) There is established in the Oregon Health Authority an Oregon Educators Benefit Board consisting of at least 10 members appointed by the Governor, including:

����� (a) Two members representing district boards;

����� (b) Two members representing district management;

����� (c) Two members representing nonmanagement district employees from the largest labor organization representing district employees;

����� (d) One member representing nonmanagement district employees from the second largest labor organization representing district employees;

����� (e) One member representing nonmanagement district employees who are not represented by labor organizations described in paragraphs (c) and (d) of this subsection;

����� (f) One member with expertise in health policy or risk management; and

����� (g) One member who is employed as classified staff at a public school or for an education service district.

����� (2)(a) If the governing body of a local government elects to participate in a benefit plan offered by the board, in addition to the members appointed under subsection (1) of this section, the Governor shall appoint two members, one of whom represents local government management and one of whom represents local government nonmanagement employees.

����� (b) After the appointment of members under paragraph (a) of this subsection, if the number of eligible employees of a local government or local governments enrolled in a benefit plan or plans offered by the board exceeds 25,000, the Governor shall appoint two additional members, one of whom represents local government management and one of whom represents local government nonmanagement employees.

����� (c) After the appointment of members under paragraphs (a) and (b) of this subsection, for every additional 25,000 eligible employees of a local government or local governments enrolled in a benefit plan or plans offered by the board, the Governor shall appoint one additional member representing local government management and one additional member representing local government nonmanagement employees.

����� (3) A maximum of three members may be appointed to represent local government management and a maximum of three members may be appointed to represent local government nonmanagement employees.

����� (4) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor to take office upon the date of that expiration. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

����� (5) A member of the board is not entitled to compensation, but may be reimbursed from funds available to the board 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.

����� (6) The 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 such offices as the board determines.

����� (7) A majority of the members of the board constitutes a quorum for the transaction of business.

����� (8) The board shall meet at times and places specified by the call of the chairperson or of a majority of the members of the board.

����� (9) Appointments of members to the board by the Governor are subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. [2007 c.7 �2; 2011 c.720 �72; 2013 c.731 �16; 2023 c.440 �4]

����� Note: See note under 243.860.

����� 243.864 Duties; rules; contracts; personnel. (1) The Oregon Educators Benefit Board:

����� (a) Shall adopt rules for the conduct of its business and for carrying out ORS 243.879; and

����� (b) May adopt rules not inconsistent with ORS 243.860 to 243.886 to determine the terms and conditions of eligible employee participation in and coverage under benefit plans.

����� (2) The board shall study all matters connected with the provision of adequate benefit plan coverage for eligible employees on the best basis possible with regard to the welfare of the employees and affordability for the districts and local governments. The board shall design benefits, prepare specifications, analyze carrier responses to advertisements for bids and award contracts. Contracts shall be signed by the chairperson on behalf of the board.

����� (3) In carrying out its duties under subsections (1) and (2) of this section, the goal of the board is to provide high-quality health, dental and other benefit plans for eligible employees at a cost affordable to the districts and local governments, the employees and the taxpayers of Oregon.

����� (4)(a) The board shall prepare specifications, invite bids and take actions necessary to award contracts for health and dental benefit plan coverage of eligible employees in accordance with the criteria set forth in ORS 243.866 (1).

����� (b) Premium rates established by the board for a self-insured health benefit plan and premium rates negotiated by the board with a carrier that offers a health benefit plan to eligible employees must take into account any reduction in the cost of hospital services and supplies anticipated to result from the application of ORS 243.879.

����� (c) The Public Contracting Code does not apply to contracts for benefit plans provided under ORS 243.860 to 243.886. The board may not exclude from competition to contract for a benefit plan an Oregon carrier solely because the carrier does not serve all counties in Oregon.

����� (5) The board may retain consultants, brokers or other advisory personnel when necessary and shall employ such personnel as are required to perform the functions of the board. If the board contracts for actuarial or technical support to manage the functions of the board, the board shall solicit invitations to bid and the proposals must include all of the following:

����� (a) An explanation of how the bidder has assisted other clients in creating incentives to improve the quality of care provided to enrollees;

����� (b) An explanation of how the bidder will support the board�s efforts to maximize provider efficiencies and achieve more organized systems of care; and

����� (c) A description of the bidder�s experience in assisting other clients in structuring contracts that use risk-based networks of providers and alternative provider reimbursement methodologies. [2007 c.7 �3; 2011 c.418 �11; 2013 c.731 �17; 2017 c.746 �32; 2023 c.51 �2]

����� Note: See note under 243.860.

����� 243.866 Benefit plans; criteria; coverage options; payroll deductions; rules. (1) The Oregon Educators Benefit Board shall contract for benefit plans best designed to meet the needs and provide for the welfare of eligible employees, the districts and local governments. In considering whether to enter into a contract for a benefit plan, the board shall place emphasis on:

����� (a) Employee choice among high-quality plans;

����� (b) Encouragement of a competitive marketplace;

����� (c) Plan performance and information;

����� (d) District and local government flexibility in plan design and contracting;

����� (e) Quality customer service;

����� (f) Creativity and innovation;

����� (g) Plan benefits as part of total employee compensation;

����� (h) Improvement of employee health; and

����� (i) Health outcome and quality measures, described in ORS 413.017 (4), that are reported by the plan.

����� (2) The board may approve more than one carrier for each type of benefit plan offered, but the board shall limit the number of carriers to a number consistent with adequate service to eligible employees and family members. The board shall impose a surcharge in an amount determined by the board on an eligible employee who arranges coverage for the employee�s spouse or dependent under this subsection if the spouse or dependent has access to medical coverage as an employee in another health benefit plan offered by the board or the Public Employees� Benefit Board.

����� (3) When appropriate, the board shall provide options under which an eligible employee may arrange coverage for family members under a benefit plan.

����� (4) A district or a local government shall provide that payroll deductions for benefit plan costs that are not payable by the district or local government may be made upon receipt of a signed authorization from the employee indicating an election to participate in the benefit plan or plans selected and allowing the deduction of those costs from the employee�s pay.

����� (5) In developing any benefit plan, the board may provide an option of additional coverage for eligible employees and family members at an additional premium.

����� (6) The board shall adopt rules providing that transfer of enrollment from one benefit plan to another is open to all eligible employees and family members. Because of the special problems that may arise involving acceptable provider-patient relations between a particular panel of providers and a particular eligible employee or family member under a comprehensive group practice benefit plan, the board shall provide a procedure under which any eligible employee may apply at any time to substitute another benefit plan for participation in a comprehensive group practice benefit plan.

����� (7) An eligible employee who is retired is not required to participate in a health benefit plan offered under this section in order to obtain dental benefit plan coverage. The board shall establish by rule standards of eligibility for retired employees to participate in a dental benefit plan.

����� (8) The board shall evaluate a benefit plan that serves a limited geographic region of this state according to the criteria described in subsection (1) of this section.

����� (9)(a) The board shall use payment methodologies in self-insured health benefit plans offered by the board that are designed to limit the growth in per-member expenditures for health services to no more than 3.4 percent per year.

����� (b) The board shall adopt policies and practices designed to limit the annual increase in premium amounts paid for contracted health benefit plans to 3.4 percent.

����� (10) As frequently as is recommended as a commercial best practice by consultants engaged by the board, the board shall conduct an audit of the health benefit plan enrollees� continued eligibility for coverage as spouses or dependents or any other basis that would affect the cost of the premium for the plan.

����� (11) If the board spends less than 12 percent of its total medical expenditures in self-insured health benefit plans on payments for primary care, the board shall implement a plan for increasing the percentage of total medical expenditures spent on payments for primary care by at least one percent each year.

����� (12) No later than February 1 of each year, the board shall report to the Legislative Assembly on any plan implemented under subsection (11) of this section and on the board�s progress toward achieving the target of spending at least 12 percent of total medical expenditures on payments for primary care. [2007 c.7 �4; 2010 c.49 �2; 2013 c.731 �18; 2015 c.389 �5; 2017 c.489 ��11,17; 2017 c.746 �28; 2019 c.484 ��3,4]

����� Note: See note under 243.860.

����� 243.867 Participation in benefit plan by local government. (1) The governing body of a local government may elect to participate in a benefit plan offered by the Oregon Educators Benefit Board.

����� (2) The decision of the governing body of a local government to participate in a benefit plan offered by the board is in the discretion of the governing body of the local government and is a permissive subject of collective bargaining.

����� (3) If the governing body of a local government elects to offer a benefit plan through the board, the governing body may elect one time only to provide alternative group health and welfare insurance benefit plans to eligible employees if:

����� (a) The alternative benefit plan is offered through the health insurance exchange under ORS 741.310 (1)(b); and

����� (b) The participation of the local government is not precluded under federal law on or after January 1, 2017. [2013 c.731 �24]

����� Note: See note under 243.860.

����� 243.868 Benefit plans for other than health and dental benefits; premiums; district plans. (1) In addition to contracting for health and dental benefit plans, the Oregon Educators Benefit Board may contract with carriers to provide other benefit plans including, but not limited to, insurance or other benefits based on life, supplemental medical, supplemental dental, supplemental vision, accidental death or disability insurance plans.

����� (2) The premium for each eligible employee for coverage under a benefit plan other than a health or dental benefit plan described in subsection (1) of this section shall be the total cost per month of the coverage afforded the employee under the plan for which the employee exercises an option, including the cost of enrollment and administrative expenses for the plan.

����� (3) The board may withdraw approval of any additional benefit plan in the same manner as it withdraws approval of a health or dental benefit plan as described and authorized by ORS 243.878.

����� (4) If the board does not contract for a benefit plan described in subsection (1) of this section, a district or a local government may contract for the benefit plan on behalf of any district or local government employees. The administrative expenses of the plan shall be paid in accordance with the negotiated agreement between the employees and the district or local government. Benefit plans entered into by a district or local government are subject to approval by the board before they become operative. The board may withdraw approval of any such benefit plan in the same manner as it withdraws approval of a benefit plan under ORS 243.878. [2007 c.7 �5; 2013 c.731 �19]

����� Note: See note under 243.860.

����� 243.869 Coverage of adult disabled children. (1) If the Oregon Educators Benefit Board provides options under which an eligible employee may arrange coverage for family members under ORS 243.866, the board shall allow coverage of an adult disabled child of the eligible employee if:

����� (a) The eligible employee provides a statement from a physician certifying that the adult child has an ongoing disability that prevents the adult child from engaging in self-sustaining employment;

����� (b) The adult child was covered by a parent�s insurance immediately before the time the adult child exceeded the age for eligibility for coverage under the parent�s insurance; and

����� (c)(A) The eligible employee claims the adult child as a dependent of the eligible employee for tax purposes;

����� (B) The adult child files a tax return properly showing adjusted gross income that does not exceed 150 percent of the federal poverty level; or

����� (C) The eligible employee is the legal guardian of the employee�s adult child.

����� (2) As used in this section:

����� (a) �Disabled� means to have a developmental disability, mental illness or a physical disability that began prior to the age of 26 and that prevents an individual from engaging in self-sustaining employment.

����� (b) �Self-sustaining employment� means employment with annual earnings that exceed 150 percent of the federal poverty level. [2021 c.342 �4]

����� Note: 243.869 was added to and made a part of 243.860 to 243.886 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 243.870 Long term care benefit plans. (1) The Oregon Educators Benefit Board may make available to eligible employees and family members one or more fully insured long term care benefit plans. Notwithstanding ORS 243.860, for purposes of this subsection, �family member� includes family members, as defined by the board, the parents of the eligible employee and the parents of the spouse or domestic partner of the eligible employee.

����� (2) Participation of eligible employees in any long term care benefit plan made available by the board is voluntary and is subject to reasonable underwriting guidelines and eligibility rules established by the board.

����� (3) Unless otherwise agreed to by the employer, the eligible employee is responsible for the payment of the long term care benefit plan premium developed by the board. [2007 c.7 �6; 2019 c.98 �3]

����� Note: See note under 243.860.

����� 243.872 Requirements when board offers long term care benefit plan. (1) If the Oregon Educators Benefit Board offers a long term care benefit plan under ORS 243.870, the board shall:

����� (a) Develop effective and cost-effective ways to make the plan available; and

����� (b) In consultation with the Public Employees Retirement System, develop plan specifications, eligibility rules, underwriting guidelines and consumer educational materials.

����� (2) The educational materials that the board develops for eligible employees under subsection (1) of this section shall provide information on the potential need for long term care, methods of financing long term care and the availability of long term care benefit plans offered by the board. [2007 c.7 �7; 2019 c.98 �4]

����� Note: See note under 243.860.

����� 243.874 Flexible benefit plans; rules. (1) In addition to the powers and duties otherwise provided by law to provide benefit plans for eligible employees, the Oregon Educators Benefit Board may provide and administer flexible benefit plans under which eligible employees may choose among taxable and nontaxable benefits as provided in the federal Internal Revenue Code.

����� (2) In providing flexible benefit plans, the board may offer:

����� (a) Health or dental benefits as described in ORS 243.864 and 243.866.

����� (b) Other insurance benefits as described in ORS 243.868.

����� (c) Any other benefit that may be excluded from an employee�s gross income under the federal Internal Revenue Code.

����� (d) Any part or all of the district or local government contribution for employee benefits in cash to the employee.

����� (3) In developing flexible benefit plans, the board shall design the plans on the best basis possible with regard to the welfare of the employees and affordability for the districts and local governments.

����� (4) The board may pay some or all of the cost of administering flexible benefit plans from funds authorized to pay general administrative expenses incurred by the board.

����� (5) The board shall adopt rules as the board considers necessary for the establishment and administration of flexible benefit plans.

����� (6) The board may contract with private organizations for administration of flexible benefit plans in accordance with rules adopted under subsection (5) of this section. [2007 c.7 �8; 2013 c.731 �20]

����� Note: See note under 243.860.

����� 243.876 Payroll deductions; reports. (1) Upon receipt of a request in writing from an eligible employee, the payroll disbursing officer may deduct from the salary or wages of the employee an amount of money indicated in the request for payment of the amount set forth in benefit plans selected by the employee for the employee and family members.

����� (2) Amounts deducted under subsection (1) of this section shall be paid over promptly:

����� (a) To the Oregon Educators Benefit Board, the carriers or the persons responsible for payment of premiums to carriers in accordance with the terms of contracts for benefit plans; or

����� (b) With respect to self-insurance benefits, in accordance with rules and procedures adopted by the board.

����� (3) The payroll disbursing officer shall submit reports to the board regarding claims experience and benefit plan coverage for eligible employees as the board considers desirable. [2007 c.7 �9]

����� Note: See note under 243.860.

����� 243.877 Health benefit plan coverage requirements. Benefit plans offered by the Oregon Educators Benefit Board that reimburse the cost of medical and other health services and supplies must comply with the requirements for health benefit plan coverage described in:

����� (1) ORS 743A.058;

����� (2) ORS 743A.140;

����� (3) ORS 743A.141;

����� (4) ORS 743B.256;

����� (5) ORS 743B.287 (4);

����� (6) ORS 743B.420;

����� (7) ORS 743B.423;

����� (8) ORS 743B.601;

����� (9) ORS 743B.810;

����� (10) ORS

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 273.426

273.426 to 273.436 and 273.551, the Oregon Department of Administrative Services shall be advised by an advisory committee consisting of seven members appointed by the Governor.

����� (2) The advisory committee appointed under subsection (1) of this section shall consist of two members of the Legislative Assembly, one real estate licensee as defined in ORS

ORS 274.600

274.600]

����� 273.240 [Renumbered 271.375]

����� 273.241 Action to recover damages for unlawful removal of material. (1) Removal of material from any property of the State of Oregon under the control of the Department of State Lands by any person without lawful authority is a trespass for which the state, in addition to any action commenced under ORS 273.990, may also commence an action for damages. If damages are assessed against the defendant in any such action, the state shall be awarded double the amount of damages assessed if the trespass is willful. Proof by the state of its ownership of the premises is prima facie evidence that the trespass, if committed, was willful.

����� (2) Any action under subsection (1) of this section must be commenced within six years from the date of the trespass or the date on which the trespass is discovered by the state, whichever last occurs. [Formerly 274.605]

MANAGEMENT AND DISPOSITION OF REAL ESTATE

����� 273.245 Asset management plan; schedule for disposition. Not later than January 1, 1996, the State Land Board shall adopt an asset management plan in accordance with this section to guide management and disposition of real estate under the board�s jurisdiction. The Department of State Lands shall provide a report to each odd-numbered year regular session of the Legislative Assembly on the progress of implementing the asset management plan. The asset management plan required by this section shall provide a schedule for disposition of state lands when the proper disposition, as determined, involves the sale, exchange or transfer of management responsibility from the Department of State Lands to other entities. [1995 c.589 �7; 2011 c.545 �35]

����� 273.247 Disposal of isolated parcels of rangeland; sale procedure. (1) The State Land Board, by and through the Department of State Lands or other agency acting on behalf of the State Land Board, shall dispose of isolated parcels of land classified as rangeland by the board in a manner consistent with the asset management plan adopted under ORS 273.245 and the board�s trust responsibilities.

����� (2) As used in this section, �isolated parcel� means:

����� (a) Land largely surrounded by land not owned by the board or not contiguous to other larger tracts of state land; or

����� (b) Land determined by the board to be difficult or uneconomical to manage due to access, location, isolation, low production value or similar factors.

����� (3) To the extent consistent with the board�s trust obligations and ORS 273.413, the department or other agency acting on behalf of the board shall establish a sale procedure for isolated parcels of rangeland that is efficient and cost-effective. [1995 c.589 �8]

����� 273.250 [Amended by 1967 c.421 �87; renumbered 273.705]

SALE OF STATE LANDS

����� 273.251 Classification of state lands. Unless the context or a specially applicable definition requires otherwise, state lands are classified as follows:

����� (1) �Agricultural college lands.� Lands granted to the state by the Act of July 2, 1862 (12 Stat. 503), and otherwise, for the support and maintenance of Oregon State University.

����� (2) �Farmlands.� Lands acquired by deed, gift, operation of law, or by the foreclosure of mortgages taken to secure loans from the common school, agricultural college, university or other funds.

����� (3) �Indemnity lands.� Lands selected to satisfy losses in sections 16 and 36, as provided by sections 851 and 852 of title 43, United States Code, as amended, or any other laws of the United States.

����� (4) �School lands�:

����� (a) Sections 16 and 36 in each township granted to the state by the Act of February 14, 1859 (11 Stat. 383).

����� (b) Lands selected for internal improvements under the Act of September 4, 1841 (5 Stat. 455), and diverted for common schools with the consent of Congress by the Joint Resolution of February 9, 1871 (16 Stat. 595).

����� (c) Lands selected for capitol building purposes under the Act of February 14, 1859 (11 Stat. 383).

����� (d) Lands included in the South Slough National Estuarine Research Reserve as described in ORS 273.553 (1)(a).

����� (5) �Swamp lands.� Lands claimed by the state under the Act of September 28, 1850 (9 Stat. 519), and extended to the State of Oregon by the Act of March 12, 1860 (12 Stat. 3).

����� (6) �Submerged lands.� Lands defined as submerged by ORS 274.005.

����� (7) �Submersible lands.� Lands defined as submersible by ORS 274.005.

����� (8) �University lands.� Lands granted to the state under the Act of February 14, 1859 (11 Stat. 383), for the support and maintenance of the University of Oregon. [Formerly

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 275.260

275.260, any real estate owned by the county and not in use for county purposes. The sale shall be directed by an order of the county governing body entered upon the journals.

����� (2) A county may sell and convey real estate owned by the county in a manner provided in ORS chapter 271 if the real estate was not acquired by foreclosure for nonpayment of real property taxes and the county governing body deems it not to the best interest of the county to sell and convey in the manner provided under ORS

ORS 279A.105

279A.105:

����� (1) �Contracting agency� has the meaning given that term in ORS 279A.010.

����� (2) �Contractor� means a person that agrees to legally enforceable terms and conditions under which the person performs services or supplies materials in accordance with a contracting agency�s specifications and for the purpose of accomplishing results the contracting agency intends, while retaining control of the means, methods and manner of performing the services or supplying the materials.

����� (3) �Disadvantaged business enterprise� means a small business concern:

����� (a) At least 51 percent of which one or more socially and economically disadvantaged individuals own; or

����� (b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more economically disadvantaged individuals who also control and manage the daily business operations of the small business concern.

����� (4) �Economically disadvantaged individual� means a socially disadvantaged individual for whom diminished capital and credit opportunities have impaired the individual�s ability to compete in the free enterprise system as compared to other individuals in the same business area who are not socially disadvantaged individuals.

����� (5) �Emerging small business� means an independent business concern that:

����� (a) Has a principal place of business located in this state;

����� (b) Qualifies as a tier one firm or a tier two firm;

����� (c) Is properly licensed and legally registered in this state; and

����� (d) Is not a subsidiary or parent company that belongs to a group of firms that the same individuals own or control if, in the aggregate, the group of firms does not qualify as a tier one firm or a tier two firm.

����� (6) �Minority individual� means an individual who is a citizen or lawful permanent resident of the United States and is:

����� (a) African American, having origins in any of the original peoples of Africa;

����� (b) Hispanic, having Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;

����� (c) Asian American, having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent or the Pacific Islands;

����� (d) Portuguese, having Portuguese, Brazilian or other Portuguese culture or origin, regardless of race;

����� (e) American Indian or Alaska Native, having origins in any of the original peoples of North America; or

����� (f) Any other individual or member of another group that the Certification Office for Business Inclusion and Diversity determines is socially and economically disadvantaged.

����� (7) �Minority-owned business,� �woman-owned business� or �veteran-owned business� means, as appropriate, a small business concern:

����� (a) At least 51 percent of which one or more minority individuals, women or veterans own and control; or

����� (b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more minority individuals, women or veterans who also control and manage the daily business operations of the small business concern.

����� (8) �Responsible bidder or proposer� means a bidder or proposer that the Governor�s Policy Advisor for Economic and Business Equity determines has undertaken both a policy and practice of actively pursuing participation by minority-owned businesses, woman-owned businesses, veteran-owned businesses or emerging small businesses in all of the bidder�s or proposer�s bids or proposals, both public and private.

����� (9) �Small business concern� means a small business, as defined by the United States Small Business Administration in 13 C.F.R. part 121, as in effect on January 1, 2016.

����� (10) �Socially disadvantaged individual� means an individual who has been subjected to racial or ethnic prejudice or cultural bias, without regard to individual qualities, because of the individual�s identity as a member of a group.

����� (11) �State contracting agency� has the meaning given that term in ORS 279A.010.

����� (12) �Subcontractor� means a contractor that does not have a direct contractual relationship with a contracting agency.

����� (13) �Tier one firm� means a business that employs not more than 19 full-time equivalent employees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule.

����� (14) �Tier two firm� means a business that employs not more than 29 full-time equivalent employees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule.

����� (15)(a) �Veteran� means an individual who:

����� (A) Served on active duty with the Armed Forces of the United States:

����� (i) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released under honorable conditions;

����� (ii) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions;

����� (iii) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability;

����� (iv) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Affairs; or

����� (v) For at least one day in a combat zone and was discharged or released from active duty under honorable conditions;

����� (B) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable conditions;

����� (C) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs;

����� (D) Is a disabled veteran, as defined in ORS 408.225; or

����� (E) Has been a reserve officer or member of a National Guard unit for at least five years before the individual seeks a certification under ORS 200.055.

����� (b) As used in paragraph (a) of this subsection, �active duty� does not include attendance at a school under military orders, except schooling incident to an active enlistment or a regular tour of duty, or normal military training as a reserve officer or member of an organized reserve or a National Guard unit.

����� (16) �Woman� means a person of the female gender who is a citizen or lawful permanent resident of the United States. [1987 c.893 �2; 1989 c.1043 �1; 1991 c.517 �9; 2001 c.104 �71; 2003 c.794 �213; 2005 c.22 ��150,151; 2005 c.683 ��4,5; 2015 c.565 �1; 2021 c.97 �19; 2023 c.497 �2]

����� 200.015 Legislative findings. (1) The Legislative Assembly supports the aspirations of minorities, women and emerging small businesses to enter the mainstream of Oregon social, political and economic life.

����� (2) The Legislative Assembly finds:

����� (a) The opportunity for full participation in our free enterprise system by minorities, women and emerging small businesses is essential;

����� (b) Greater economic opportunity for minorities, women and emerging small businesses is essential;

����� (c) Review of public programs to remedy historical patterns of exclusion of and discrimination against racial or ethnic groups and women is needed;

����� (d) Public policies and programs to eliminate the effects of long-term, open and pervasive exclusion of and discrimination against minorities and women from the business sector, including increased opportunities to integrate minorities and women into the full economic life of the community should be reviewed; and

����� (e) In cooperation with the private sector, the affected populations, interested groups and appropriate governmental entities, a program of review should be established to recommend remedies for the unfortunate effects of social, political and economic inequity that still exist.

����� (3) Women and minorities are rebuttably presumed to be:

����� (a) Economically disadvantaged.

����� (b) Socially disadvantaged. [1987 c.893 �3; 1989 c.1043 �2]

����� 200.025 Governor�s Policy Advisor for Economic and Business Equity; Certification Office for Business Inclusion and Diversity; duties. (1) The Governor shall appoint a Governor�s Policy Advisor for Economic and Business Equity within the office of the Governor.

����� (2) The Certification Office for Business Inclusion and Diversity is created within the Oregon Business Development Department, and the Director of the Oregon Business Development Department shall appoint the employees of the office.

����� (3) The Governor�s Policy Advisor for Economic and Business Equity shall:

����� (a) Advise the Governor and the director on activities and initiatives that may promote the economic integration of minorities, women, veterans and emerging small businesses into the business sector;

����� (b) Prepare an annual report to the Governor, director and Legislative Assembly on disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses that examines:

����� (A) The status of the enterprises and businesses in the marketplace;

����� (B) Accomplishments and resolutions that have occurred with respect to issues that concern the enterprises and businesses; and

����� (C) Recommendations for executive and legislative action; and

����� (c) Carry out other duties that the Governor may assign.

����� (4) The Certification Office for Business Inclusion and Diversity shall:

����� (a) Provide information to minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses;

����� (b) Assist in developing and implementing an aggressive strategy for this state, based on research and monitoring, that encourages minorities, women, veterans and emerging small businesses to participate in the state�s economy;

����� (c) Recommend to the director methods for researching, developing and implementing a plan to involve minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses in all state programs;

����� (d) Maintain, in consultation with the Department of Transportation, public universities listed in ORS 352.002 and other entities, an Oregon Opportunity Register and Clearinghouse for information about contracting agency solicitations and other opportunities to submit bids or proposals to contracting agencies to provide goods, supplies and services, including professional services;

����� (e) Monitor the certification and compliance program under ORS 200.055 for:

����� (A) Disadvantaged business enterprises;

����� (B) Minority-owned businesses, woman-owned businesses and veteran-owned businesses; and

����� (C) Emerging small businesses;

����� (f) Investigate complaints and possible abuses of the certification program; and

����� (g) Assist in promoting and coordinating plans, programs and operations of state government that help minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses to participate in the economic life of this state. [1987 c.893 �4; 1989 c.1043 �3; 1993 c.500 �7; 1993 c.744 ��189,189a; 2003 c.794 �214; 2005 c.683 ��6,7; 2009 c.830 �135; 2015 c.565 �2; 2015 c.767 ��60,224,225; 2023 c.497 �3]

����� 200.035 Notice to Governor�s Policy Advisor for Economic and Business Equity. (1) A state contracting agency shall give timely notice and information to the Governor�s Policy Advisor for Economic and Business Equity if the state contracting agency intends to advertise or solicit bids or proposals for a public contract with a contract price of $10,000 or more and shall notify the policy advisor when the state contracting agency has awarded the contract.

����� (2) Each state contracting agency shall, in consultation with the policy advisor, establish a process and timeline for providing the policy advisor with the notice and information required by subsection (1) of this section. [1987 c.893 �5; 1997 c.145 �1; 1997 c.802 �10; 2005 c.351 �1; 2015 c.565 �3]

����� 200.045 Required participants; rebuttable presumption of responsibility and good faith efforts to encourage participation in public contracts. (1) As used in this section, �required participant� means:

����� (a) A disadvantaged business enterprise;

����� (b) A minority-owned business, a woman-owned business or a veteran-owned business; or

����� (c) An emerging small business.

����� (2) If a public contract requires participation from a required participant and a bidder or proposer for the public contract is not a required participant, a contracting agency may award the public contract to the bidder or proposer only if the bidder or proposer:

����� (a) Demonstrates that the bidder or proposer is responsible; and

����� (b) Has made good faith efforts to encourage required participants to participate in the public contract.

����� (3) A contracting agency may rebuttably presume that for the purposes of this section a bidder or proposer is responsible and has made good faith efforts to encourage required participants to participate in the public contract if the bidder or proposer takes all of these actions:

����� (a) Attends presolicitation or prebid meetings that the contracting agency scheduled to inform disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses of contracting and subcontracting or material supply opportunities available in connection with a public contract;

����� (b) Identifies and selects specific economically feasible units of the public contract that disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses may perform in order to increase the likelihood that required participants will participate in the public contract;

����� (c) Advertises the opportunities described in paragraphs (a) and (b) of this subsection in general circulation publications, trade association publications and publications that serve an audience or readership that consists primarily of minorities, women, veterans and emerging small businesses;

����� (d) Provides written notice of the opportunities described in paragraphs (a) and (b) of this subsection to a reasonable number of specific disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses that the bidder or proposer identified from a list of enterprises or businesses that the Certification Office for Business Inclusion and Diversity certified under ORS 200.055, in sufficient time to allow the enterprises or businesses to participate effectively;

����� (e) Follows up on the bidder�s or proposer�s initial solicitations of interest by contacting the enterprises or businesses to which the bidder or proposer provided notice under paragraph (d) of this subsection to determine with certainty whether the enterprises or businesses are interested in the opportunities described in paragraphs (a) and (b) of this subsection;

����� (f) Provides interested disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses with adequate information about plans, specifications and requirements for subcontracting or material supply work in connection with the public contract;

����� (g) Negotiates in good faith with interested disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses, and did not without justifiable reason reject as unsatisfactory bids or proposals that the enterprises or businesses prepared;

����� (h) Advises and assists interested disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses to obtain, when necessary, bonding, lines of credit or insurance that the contracting agency or contractor requires;

����� (i) Makes efforts to encourage disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses to participate in the public contract that the contracting agency may reasonably expect will produce a level of participation that meets the contracting agency�s goals or requirements; and

����� (j) Uses the services of minority community organizations, minority contractor groups, local, state and federal minority business assistance offices and other organizations that the Governor�s Policy Advisor for Economic and Business Equity identifies as providing assistance in recruiting disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses for participation in public contracts.

����� (4) A contracting agency may rebuttably presume that for the purposes of this section a bidder or proposer is not responsible and has not made good faith efforts to encourage required participants to participate in a public contract if the bidder or proposer does not take all of the actions required under subsection (3) of this section. Superficial or pro forma efforts do not demonstrate responsibility or constitute adequate good faith efforts under this section. [1987 c.893 �7; 1989 c.1043 �8; 1997 c.145 �2; 2003 c.794 �215; 2009 c.830 �136; 2015 c.565 �4; 2023 c.497 �4]

CERTIFICATION

����� 200.055 Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business; fees; rules; appeal. (1)(a) An enterprise or business may apply to the Certification Office for Business Inclusion and Diversity for certification as:

����� (A) A disadvantaged business enterprise;

����� (B) A minority-owned business;

����� (C) A woman-owned business;

����� (D) A veteran-owned business; or

����� (E) An emerging small business.

����� (b) An enterprise or business shall submit a separate application for each category of certification the enterprise or business seeks under paragraph (a) of this subsection.

����� (c) If an enterprise or business qualifies under ORS 200.005 to 200.075 and if the office approves an application from the enterprise or business, the office shall certify the enterprise or business under one or more of the categories described in paragraph (a) of this subsection.

����� (d) For purposes of awarding a public contract, a contracting agency shall recognize an enterprise or business with a certification from the office as the category of enterprise or business described in the certification and as having met the requirements set forth in ORS 200.005 to 200.075. For purposes of awarding a subcontract in connection with a public contract, a contractor may recognize a subcontractor with a certification from the office as the category of enterprise or business described in the certification and as having met the requirements set forth in ORS 200.005 to 200.075.

����� (2) In consultation with public universities listed in ORS 352.002 and the Department of Transportation, and with the approval of the Governor�s Policy Advisor for Economic and Business Equity, the Oregon Business Development Department by rule shall adopt a uniform standard form and procedure to provide complete documentation of an enterprise�s or a business� status as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business. The department shall compile and make available a list of enterprises and businesses that the Certification Office for Business Inclusion and Diversity certifies under this section.

����� (3) If the Certification Office for Business Inclusion and Diversity denies a certification as, or decertifies, a disadvantaged business enterprise, an affected business enterprise may appeal directly to the United States Department of Transportation.

����� (4) If the Certification Office for Business Inclusion and Diversity denies, revokes or refuses to renew a business�s certification as a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business, the business may request a contested case hearing as provided in ORS chapter 183.

����� (5) The Oregon Business Development Department, through the Certification Office for Business Inclusion and Diversity, is the sole agency that may certify enterprises and businesses as disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses that are eligible to perform public contracts in this state.

����� (6) The Oregon Business Development Department by rule may establish a fee not to exceed $100 for a copy of the list described in subsection (2) of this section and may assess contracting agencies for services under ORS 200.005 to 200.075.

����� (7) The Department of Transportation may collect a fee, not to exceed $200, from a bidder or proposer at the time the bidder or proposer prequalifies to perform public contracts to cover the costs of the Oregon Business Development Department in administering ORS 200.005 to 200.075. The Department of Transportation shall transfer fees that the Department of Transportation collects under this subsection to the credit of the account established under subsection (8) of this section.

����� (8) The Oregon Business Development Department shall establish a special account in which to deposit fees and assessments. The special account is continuously appropriated to the Oregon Business Development Department to meet the Oregon Business Development Department�s expenses in administering ORS 200.005 to 200.075. [1987 c.893 �8; 1989 c.1043 �4; 1993 c.500 �8; 1997 c.145 �3; 2003 c.794 �216; 2009 c.830 �137; 2015 c.148 �1; 2015 c.565 �5; 2015 c.767 �61; 2023 c.497 �5]

����� 200.057 Designation of certified emerging small business as tier one or tier two firm. (1) A business may be certified as an emerging small business by the Oregon Business Development Department for up to 12 years and may be:

����� (a) Designated a tier one firm for up to six years unless the business no longer qualifies as a tier one firm.

����� (b) Designated a tier two firm for up to six years unless the business no longer qualifies as a tier two firm.

����� (2) The department shall adjust annually the amount of the average annual gross receipts required to qualify as a tier one firm or a tier two firm using the most recent three-year average of 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.

����� (3) Notwithstanding the time limits established by subsection (1) of this section, if a tier one firm provides compelling information showing, in the judgment of the department, that the firm has not been afforded an opportunity to bid on emerging small business projects during a year of eligibility, the department shall extend the tier one designation of the firm for one year. A tier one firm may receive the extension described in this subsection only once. [2005 c.683 �2; 2009 c.830 �138; 2019 c.57 �11]

����� Note: 200.057 was added to and made a part of 200.005 to 200.075 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

����� 200.065 Fraudulent conduct prohibited; penalty and other sanctions. (1) A person may not fraudulently obtain or retain, attempt to fraudulently obtain or retain or aid another person in fraudulently obtaining or retaining or attempting to fraudulently obtain or retain certification as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business.

����� (2) A person may not knowingly make a false claim that any person is qualified for certification or is certified under ORS 200.055 for the purpose of obtaining a public contract or subcontract or other benefit.

����� (3) An affected contracting agency may withhold payment, may suspend or terminate a public contract and may impose on any person a civil penalty that does not exceed 10 percent of the contract or subcontract price or $5,000, whichever is less, for each violation of subsection (1) or (2) of this section. The person shall pay the penalty to the affected contracting agency. If the affected contracting agency does not impose a civil penalty on the person under this subsection, the Oregon Business Development Department may independently impose a civil penalty that does not exceed $5,000 for each violation of subsection (1) or (2) of this section. The person shall pay a penalty that the department imposes to the Certification Office for Business Inclusion and Diversity.

����� (4) The department or an affected contracting agency shall investigate violations of subsection (1) or (2) of this section. In investigating a violation, the department or an affected contracting agency may require any additional information, administer oaths, take depositions and issue subpoenas to compel witnesses to attend and compel the production of books, papers, records, memoranda or other information necessary to carry out the department�s or the affected contracting agency�s duties. If a person fails to comply with any subpoena that the department or the affected contracting agency issued under this subsection or refuses to testify on any matter on which a person may lawfully be interrogated, the department or the affected contracting agency shall follow the procedure provided in ORS 183.440 to compel compliance.

����� (5) The department or an affected contracting agency may disqualify from submitting a bid or proposal or receiving an award of a public contract, for a period of not more than three years, any person that under oath during the course of an investigation admits to violating subsection (1) or (2) of this section or that the department or the affected contracting agency finds to have violated subsection (1) or (2) of this section. Any contracting agency that has notice of the finding of the fraudulent certification may also disqualify the person from bidding on or participating in any public contract. [1987 c.893 �9; 1989 c.1043 �5; 1997 c.145 �4; 2009 c.830 �139; 2013 c.1 �21; 2015 c.148 �2; 2015 c.565 �6; 2023 c.497 �6]

����� 200.075 Prohibited conduct; suspension of right to participate in public contracts; revocation of certification. (1) An affected contracting agency shall suspend any bidder�s, proposer�s, contractor�s or subcontractor�s right to submit a bid or proposal for, or receive an award of, a public contract in the future if the bidder, proposer, contractor or subcontractor knowingly commits any of the acts listed in this subsection. The affected contracting agency shall suspend the right only after providing notice and opportunity for hearing in a manner that the affected contracting agency provides by rule. The affected contracting agency shall specify a time for the suspension that is up to one year for a first violation, up to three years for a second violation and up to five years for a third violation. Each violation must remain on record for five years. After five years the affected contracting agency may not consider the violation in reviewing future violations. A bidder, proposer, contractor or subcontractor may not:

����� (a) Enter into any agreement to represent that a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business certified under ORS 200.055 will perform work or supply materials under a public contract without the knowledge and consent of the disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business.

����� (b) Exercise or permit another bidder, proposer, contractor or subcontractor to exercise management and decision making control over the internal operations of a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business, other than the bidder�s, proposer�s, contractor�s or subcontractor�s own enterprise or business. As used in this paragraph, �internal operations� does not include normal scheduling, coordination, execution or performance as a subcontractor on a public contract.

����� (c) Use a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business to perform a public contract or subcontract or to supply material under a public contract to meet an established goal or requirement if the disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business does not perform a commercially useful function in carrying out responsibilities and obligations under the public contract.

����� (d) Fail to perform a commercially useful function in performing a public contract or subcontract or in supplying material to a contractor or subcontractor that is performing a public contract or subcontract if the bidder, proposer, contractor or subcontractor is presented as a certified disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business to meet an established goal or requirement.

����� (2) The Certification Office for Business Inclusion and Diversity shall revoke an enterprise�s or a business�s certification under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business if, after conducting an investigation in a manner similar to the manner provided in ORS 200.065 (4) for investigating a violation of ORS 200.065 (1) or (2), the Oregon Business Development Department finds that the enterprise or business allows or commits any of the acts listed in this subsection. A disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business may not:

����� (a) Use the enterprise�s or business�s name to meet a goal or requirement for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses or emerging small businesses to participate in a public contract or subcontract if the enterprise or business does not in fact intend to or does not actually perform work under the public contract or subcontract or does not intend to or does not purchase and supply material under a public contract or subcontract to supply material.

����� (b) Use personnel of an uncertified enterprise or business to operate, manage or otherwise control the disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business.

����� (c) Exhibit a pattern of failing to perform a commercially useful function in performing a public contract or subcontract or supplying material to a contractor or subcontractor on a public contract if the enterprise or business is represented as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business certified under ORS 200.055 for the purpose of meeting an established goal or requirement.

����� (3)(a) An affected contracting agency shall notify the department if the affected contracting agency investigates a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business for failing to perform a commercially useful function.

����� (b) The department may conduct an independent investigation of a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business for exhibiting a pattern of failing to perform a commercially useful function in response to notifications from one or more affected contracting agencies under paragraph (a) of this subsection.

����� (4) As used in this section, �commercially useful function�:

����� (a) Means a function or service:

����� (A) That the enterprise or business actually performs;

����� (B) For which a demand exists in the marketplace; and

����� (C) For which the enterprise or business receives payment that is proportionate to the work that the enterprise or business performs or that conforms with industry standards.

����� (b) Does not include acting as a broker to provide for others to perform work. [1987 c.893 �11; 1989 c.1043 �6; 1991 c.91 �1; 1995 c.452 �21; 2015 c.148 �3; 2015 c.565 �7; 2023 c.497 �7]

����� 200.085 [1987 c.893 �1; repealed by 1989 c.1043 �14]

RESPONSIBILITY OF CONTRACTING AGENCIES

����� 200.090 Contracting agencies to pursue policy of providing opportunities. Contracting agencies shall aggressively pursue a policy of providing opportunities for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses and shall cooperate with the Governor�s Policy Advisor for Economic and Business Equity to determine the best means by which to make such opportunities available. [1989 c.1043 �10; 2015 c.565 �8; 2023 c.497 �8]

����� 200.100 [1991 c.559 �1; 2005 c.22 �152; repealed by 2015 c.565 �24]

MENTOR RELATIONSHIP

����� 200.110 Mentor relationship; guidelines; eligibility. (1) The Oregon Business Development Department may recognize a mentor relationship between contractors and disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses that are certified under ORS 200.055. In order to qualify for the department�s recognition, the mentor relationship must offer the opportunity for the contractor to foster and encourage disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses to expand the capacity of existing enterprises and businesses and to offer the opportunity for less experienced enterprises and businesses to gain training and assistance.

����� (2) To have the department recognize the mentor relationship described in subsection (1) of this section, a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business must follow guidelines that include, but are not limited to:

����� (a) Meeting the certification requirements of the U.S. Department of Transportation or ORS

ORS 279B.025

279B.025, 279B.235, 279B.240, 279B.270, 279B.275 and 279B.280.

����� (2) An export trading corporation is not a public employer for the purposes of ORS chapters 238 and 238A. [1983 c.200 �16; 2003 c.733 �81; 2003 c.794 �331]

����� 777.780 Board of directors; election; term; compensation; board officers. (1) The board of directors of the export trading corporation shall consist of three members. Only commissioners of the port shall be eligible to serve as members of the board of directors. The board of directors shall be elected by majority vote of the commissioners of the port.

����� (2) The initial board of directors shall consist of one director elected for a one-year term, one director elected for a two-year term and one director elected for a three-year term. Following election of the initial board, the term of office of a director is three years. A director shall serve until a successor is elected and qualified.

����� (3) Before the expiration of the term of a director, the commissioners of the port shall elect a successor. A director is eligible for reelection. In case of a vacancy for any cause, the commissioners of the port shall elect a person to serve for the unexpired term.

����� (4) The board shall choose from among its members by majority vote a president, vice president and secretary-treasurer to serve for such terms as the board may determine.

����� (5) Directors shall not be entitled to compensation for their services but shall be entitled to reimbursements for actual and necessary expenses incurred or paid in the performance of their duties as members of the board. [1983 c.200 �4]

����� 777.783 Board meetings; rules; quorum. (1) The board may hold regular meetings at the time and place fixed by the rules of the board. A majority of the members of the board constitutes a quorum for the transaction of business.

����� (2) Special meetings may be held when called by the president of the board or by a majority of the members of the board in the manner prescribed by the rules of the board. [1983 c.200 �5]

����� 777.785 Meetings of board to be open to public; executive sessions. (1) Except as provided in subsection (2) of this section, all meetings of the board shall be open to the public and all persons shall be permitted to attend any meeting.

����� (2) In addition to matters which may be considered in executive session under ORS 192.660, the board may also meet in executive session to:

����� (a) Consider preliminary negotiations for an export trading project involving financial or commercial information which the board in good faith determines should be kept confidential.

����� (b) Review the operation, modification, enlargement or abandonment of an export trading project involving financial or commercial information which the board in good faith determines should be kept confidential.

����� (3) In its discretion the board may allow representatives of the news media to attend executive sessions held under subsection (2)(a) and (b) of this section on such terms and conditions as the board may prescribe. [1983 c.200 �6]

����� 777.787 Chief executive officer of export trading corporation; appointment; removal. (1) The board may appoint a chief executive officer who shall be responsible for the administration of the business affairs of an export trading corporation. The chief executive officer shall perform such duties as the board may prescribe.

����� (2) The chief executive officer shall hold office for an indefinite term and may be removed from office only by the affirmative vote of a majority of the board. Removal of a chief executive officer may be reconsidered by the board but is otherwise final and not subject to appeal. [1983 c.200 �7]

����� 777.790 Employees of export trading corporation. (1) An export trading corporation may employ such persons within or outside the boundaries of this state as necessary or convenient to accomplish its purposes. In addition, an export trading corporation may appoint such agents, brokers or representatives, within or outside the boundaries of this state, as necessary or convenient to accomplish its purposes.

����� (2) The chief executive officer of an export trading corporation may employ, appoint, discipline or remove all employees, agents, brokers and representatives of an export trading corporation, and fix the compensation to be paid to such persons. [1983 c.200 �8]

����� 777.793 Disclosure of commercial or financial information prohibited; exception. (1) Except as provided in subsection (2) of this section, no officer, agent or employee of an export trading corporation shall disclose commercial or financial information concerning an export trading project.

����� (2) Commercial or financial information may be disclosed:

����� (a) In a judicial proceeding when disclosure is ordered by a court of competent jurisdiction;

����� (b) With the consent of the persons whose interests are affected by disclosure;

����� (c) By an officer, agent or employee of an export trading corporation acting within the scope of employment, as prescribed by rules of the board; or

����� (d) When the board finds the information would not reasonably be considered confidential, the export trading corporation has not obliged itself in good faith not to disclose the information and disclosure is in the public interest. [1983 c.200 �9]

����� 777.795 Right to inspect records of export trading corporation; certain records exempt from disclosure. (1) Except as provided in subsection (2) of this section, the written records of an export trading corporation shall be public records available for inspection under ORS 192.311 to 192.478.

����� (2) In addition to the exemptions set forth in ORS 192.338, 192.345 and 192.355, the following public records of an export trading corporation are exempt from disclosure:

����� (a) Information consisting of financial, commercial, sales, production, cost or similar business records of a private concern or enterprise which is not otherwise required to be disclosed by state or federal law.

����� (b) Trade secrets, as defined in ORS 192.345 (2). [1983 c.200 �14]

����� 777.800 Annual report. An export trading corporation shall report annually to the port on the operations of the export trading corporation. A copy of the report shall be filed by the export trading corporation with the Secretary of State. [1983 c.200 �15]

����� 777.805 [1969 c.599 �39; 1973 c.249 �78; 1975 c.371 �1; 1985 c.565 �120; 1989 c.908 �65; renumbered 285.805 in 1991]

����� 777.810 [1969 c.599 �40; 1973 c.249 �79; 1975 c.371 �3; 1985 c.565 �121; renumbered 285.807 in 1991]

����� 777.815 [1969 c.599 �42; 1969 c.599 �42a; repealed by 1973 c.249 �91]

����� 777.817 [1987 c.607 �17; 1991 c.651 �22; renumbered 285.810 in 1991]

����� 777.820 [1969 c.599 �43; repealed by 1973 c.249 �91]

����� 777.825 [1969 c.599 �44; repealed by 1973 c.249 �91]

����� 777.830 [1969 c.599 �45; 1973 c.249 �80; renumbered 285.813 in 1991]

����� 777.835 [1969 c.599 �46; 1973 c.249 �81; 1975 c.371 �4; renumbered 285.815 in 1991]

����� 777.840 [1969 c.599 �47; renumbered

ORS 286A.585

286A.585, lottery bonds may be issued to make grants or loans to Oregon municipalities, businesses and individuals to encourage real estate developments that promote downtown and community center areas, provide affordable housing and other infill developments, and fund projects that promote business opportunities in Oregon�s distressed areas and rural communities.

����� (2) The use of lottery bond proceeds is authorized based on the following findings:

����� (a) The grants and loans made will be used to fund projects that assist Oregon communities in managing growth, thereby attracting industry and workers and improving Oregon�s labor market; and

����� (b) The projects will bring jobs and economic diversity to Oregon�s distressed areas and rural communities.

����� (3) The aggregate principal amount of lottery bonds issued pursuant to this section may not exceed the sum of $25 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Lottery bonds issued pursuant to this section shall be issued only at the request of the Director of the Housing and Community Services Department, in consultation with the Oregon Housing Stability Council.

����� (4) The net proceeds of lottery bonds issued pursuant to this section shall be deposited in the Community Development Incentive Project Fund, which is hereby established in the State Treasury separate and distinct from the General Fund.

����� (5) The proceeds of lottery bonds issued pursuant to this section shall be used only for the purposes set forth in subsection (1) of this section and for bond-related costs.

����� (6) Interest earned by the Community Development Incentive Project Fund shall be credited to the fund or to the Housing Development and Guarantee Account, as determined by the council. In addition to any other moneys specifically designated by law, the fund shall consist of any amounts appropriated by the Legislative Assembly and any gifts, grants or donations. [Subsections (1) to (5) of 1999 Edition enacted as 1999 c.702 �3; subsection (6) of 1999 Edition enacted as 1999 c.956 �3; 2003 c.743 �7; 2007 c.783 �203b; 2015 c.180 �30]

����� Note: See note under 458.705.

����� 458.725 Fund appropriation and expenditure guidelines. All moneys deposited in the Community Development Incentive Project Fund are continuously appropriated to the Housing and Community Services Department to carry out the purposes of the fund. In addition to any other purpose specifically provided by law, moneys deposited in the fund shall be expended for community development purposes, including but not limited to:

����� (1) Promoting affordable housing development near jobs and transportation;

����� (2) Revitalizing downtowns and community centers; and

����� (3) Rebuilding rural and distressed economies. [1999 c.956 �4]

����� Note: See note under 458.705.

����� 458.730 Department use of financing mechanisms; determination of funding adequacy. (1) The Housing and Community Services Department may use the moneys in the Community Development Incentive Project Fund in any manner permitted under ORS 458.735. However, the primary purpose of the fund is to finance developments identified by the Oregon Housing Stability Council if other state or private financing sources are inadequate or unavailable. The department shall make the final determination as to whether financing sources are inadequate or unavailable.

����� (2) In expending moneys from the fund, the department may use financing mechanisms that include, but are not limited to:

����� (a) Grants or loans for the development of multifamily or single-family affordable housing located near community centers or employment centers.

����� (b) Grants or loans for the development of mixed-use real estate projects located in downtown or community center areas.

����� (c) Grants or loans that result in the placement or retention of businesses in downtown or community center areas.

����� (d) Partial loan guarantees or other credit enhancement tools to private commercial lenders.

����� (e) Grants or loans to finance infrastructure development that creates jobs or housing in communities identified by the Oregon Business Development Department as rural or distressed.

����� (f) Interim ownership by the Housing and Community Services Department of real estate located within downtown or community center areas.

����� (g) Other financial tools or incentives that the council determines would further the intended purposes of the fund. [1999 c.956 �5; 2015 c.180 �31]

����� Note: See note under 458.705.

����� 458.735 Department review of projects; lending criteria. The Housing and Community Services Department shall:

����� (1) Administer the Community Development Incentive Project Fund in accordance with rules adopted by the department.

����� (2) Verify documentation and approve or disapprove funding recommended by the Oregon Housing Stability Council under ORS 458.715.

����� (3) Seek to leverage local, federal and private financial resources for use in conjunction with fund expenditures.

����� (4) Emphasize use of the fund to fill funding gaps in projects identified by the council that are designed to achieve the objectives of the fund.

����� (5) If making a fund expenditure as a loan, establish lending criteria that allow the fund to create quality development patterns and produce a sound loan portfolio. In establishing the criteria, the department shall permit the assumption of an appropriate level of risk, maintain a reserve for losses and provide for the periodic monitoring of reserve adequacy. Loan repayments may be used by the department in any financially prudent manner consistent with fund goals. [1999 c.956 �8; 2015 c.180 �32; 2023 c.193 �11]

����� Note: See note under 458.705.

����� 458.740 Project facilitation. In addition to any other power or authority granted to the Housing and Community Services Department, the department may:

����� (1) Acquire property and hold, conserve, improve, lease, sell or otherwise use or exercise control over the property for the purpose of facilitating the use of the property as part of a community development project.

����� (2) Enter into cooperative agreements or joint projects with other agencies as approved by the Oregon Housing Stability Council.

����� (3) To the extent authorized by law, enter into contracts for the purchase of land and improvements and exercise control over purchased land and improvements.

����� (4) To the extent authorized by law, enter into contracts for the completion of site development functions including, but not limited to, design services, design review with local governments and completion of the permitting process. [1999 c.956 �9; 2015 c.180 �33]

����� Note: See note under 458.705.

ORS 293.741

293.741 and this subsection, all instruments of title of all investments of the investment funds shall remain in the custody of the investment officer. The investment officer may deposit with one or more custodial agents or banks those instruments of title that the State Treasurer considers advisable, to be held in safekeeping by the agents or banks for collection of the principal and interest or other income, or of the proceeds of sale or maturity. For purposes of this section, instruments of title of investments of the investment funds may include such evidence of title as the investment officer shall consider secure and consistent with modern investment, banking and commercial practices, and may include book entry and automated recordation of such title.

����� (2) Except as provided in ORS 293.741 and 293.746 (3) and subsections (1) and (3) of this section, the investment officer shall collect the principal and interest or other income of investments of the investment funds, title of which is in the investment officer�s custody, when due and payable, and shall pay the principal and interest or other income, when so collected, into the appropriate fund. Except as otherwise provided by law, interest or other income of investments of funds in the hands of the State Treasurer that are not required to meet current demands shall be paid into the General Fund to be available for the payment of general governmental expenses.

����� (3) In the event of default in the payment of principal or interest or other income of any investment of the investment funds, the investment officer, with the approval of the Oregon Investment Council, may:

����� (a) Institute the proper proceedings to collect the matured principal or interest or other income.

����� (b) Accept for exchange purposes refunding bonds or other evidences of indebtedness at interest rates to be agreed upon by the investment officer and obligor.

����� (c) Make compromises, adjustments or disposition of the matured principal or interest or other income as the investment officer considers advisable for the purpose of protecting the moneys invested.

����� (d) Make compromises or adjustments as to future payments of principal or interest or other income as the investment officer considers advisable for the purposes of protecting the moneys invested. [1967 c.335 �12; 1979 c.475 �1; 1981 c.194 �2; 1991 c.88 �3]

����� 293.755 [Formerly 291.614; repealed by 1967 c.335 �60]

����� 293.756 Separate accounting for funds. The investment officer shall keep, for each fund included in the investment funds for which investments are made, a separate account, which shall record the individual amounts and the totals of all investments of moneys in the fund. [1967 c.335 �13]

����� 293.760 [Formerly 291.616; repealed by 1967 c.335 �60]

����� 293.761 Duty of investment officer to provide information for financial reporting. (1) The investment officer shall follow generally accepted accounting practices and provide to the officer or body having control and administration of any investment funds any information necessary for financial reporting required by law.

����� (2) The investment officer shall separately identify investments held in the Oregon Growth Account established in ORS 348.702 as part of the information provided under this section on the Education Stability Fund. [1967 c.335 �14; 1993 c.210 �21; 1999 c.42 �2; 1999 c.274 �19; 2001 c.835 �11; 2001 c.922 ��16a,16b; 2002 s.s.3 c.6 ��10,11; 2005 c.748 ��17,18; 2009 c.805 �5; 2009 c.821 �21; 2012 c.90 ��24,33; 2013 c.732 �9]

����� 293.765 [Formerly 291.618; repealed by 1967 c.335 �60]

����� 293.766 Monthly reports by investment officer to council. Not later than 15 days after the last day of each month, the investment officer shall submit to the Oregon Investment Council a report of the investments made during the preceding month. The report shall include a detailed summary of investment, reinvestment, purchase, sale and exchange transactions, setting forth, among other matters, the investments bought, sold and exchanged, the dates thereof, the prices paid and obtained, the names of the dealers involved and a statement of the accounts referred to in ORS 293.756. The investment officer may send copies of the report to investment bankers and brokers recommended by the council. [1967 c.335 �15]

����� 293.770 [Formerly 291.620; repealed by 1967 c.335 �60]

����� 293.771 Reports by council to Governor and legislature. The Oregon Investment Council shall report to the Governor and Legislative Assembly on the investment funds investment program at each odd-numbered year regular session of the Legislative Assembly and at other times as the council considers in the public interest. [1967 c.335 �16; 2011 c.545 �38]

����� 293.775 [1963 c.520 �3; repealed by 1967 c.335 �60]

����� 293.776 Examination and audit of investment program; report. The Oregon Investment Council shall provide for an examination and audit of the investment funds investment program, and for submission to the council of a report based on the examination and audit, at least once every four years and at other times as the council may require. The examination and audit, and the report based thereon, shall include an evaluation of current investment funds investment policies and practices and of specific investments of the investment funds in relation to the objective set forth in ORS 293.721, the standard set forth in ORS 293.726 and other criteria as may be appropriate, and recommendations relating to the investment funds investment policies and practices and to specific investments of the investment funds as are considered necessary or desirable. The council shall make copies of the report or a summary thereof available for distribution to interested persons. [1967 c.335 �17]

����� 293.778 Investment holding companies; use; directors and officers; effect of conflict of interests. (1) The investment officer singly, or jointly with other public or institutional investors, may authorize establishment of investment holding companies, which may be corporations, partnerships or limited liability companies, and placement of investment funds or investments in such companies, when it is appropriate to do so under the investment standard prescribed in ORS 293.726. An investment holding company authorized by this section has the powers and authority granted by the laws of the jurisdiction in which the company is established.

����� (2) Any person qualified under the laws of the jurisdiction in which an investment holding company is established may serve as an officer, director, member or manager of the company. Officers and employees of the office of the State Treasurer may serve as directors, officers and members of investment holding companies authorized by this section. However, if a conflict arises between the duties of the officer or employee of the office of the State Treasurer under state law and the duties of the officer or employee of the office of the State Treasurer as a director, officer or member of the investment holding company, the officer or employee shall abstain from acting on behalf of the company. If the conflict cannot be avoided by abstention, the officer or employee shall immediately resign from the company. [1993 c.76 �2; 1999 c.481 �1]

����� 293.780 Group annuity contracts with insurers on behalf of Public Employees Retirement System and Board. The Oregon Investment Council, for and on behalf of the Public Employees Retirement System and Public Employees Retirement Board, may enter into group annuity contracts with one or more insurance companies authorized to do business in this state. In lieu of any investment of moneys in the Public Employees Retirement Fund as provided in ORS 293.701 to 293.857, the council may pay, from time to time under contracts so entered into, any moneys in that fund available for investment purposes. Contracts so entered into are not subject to ORS 279A.140. [1967 c.335 �18; 2003 c.794 �250]

����� 293.790 Holding, investing and disposing of corporate stock. (1) Under authority of Article XI, section 6, of the Oregon Constitution, the state, subject to subsection (2) of this section, may hold and dispose of the stock of any company, association or corporation, including stock already received, that is donated or bequeathed, and the state, acting on behalf of the governing board of a public university listed in ORS 352.002, subject to subsection (2) of this section, may invest and reinvest in the stock of any company, association or corporation, any funds or moneys of the public university held in the Public University Fund established under ORS 352.450 that is permitted to be held, disposed or invested under Article XI, section 6, of the Oregon Constitution.

����� (2) The state, including any of its agencies having control of, or authority to invest and reinvest in, any stock described in subsection (1) of this section, in holding, disposing of or investing and reinvesting in such stock, shall be governed by ORS 130.750 to 130.775, notwithstanding the date of acquisition of such stock. Moneys received from the disposition of such stock, including dividends, shall be maintained separate and distinct from the General Fund, and those moneys, including interest earned thereon, are appropriated continuously for the purposes of the donation or bequest and of the investments and reinvestments. Except as specifically authorized by law, the state or any of its agencies may not purchase stock.

����� (3) This section does not apply to investment and reinvestment of moneys in the Public Employees Retirement Fund, the Industrial Accident Fund, the Deferred Compensation Fund and the Education Stability Fund or to acquisition, retention, management and disposition of investments of those funds as provided in ORS 293.701 to 293.857. [Formerly

ORS 294.895

294.895, the investment officer may not:

����� (1) Make a commitment to invest funds or sell securities more than 14 business days prior to the anticipated date of settlement of the purchase or sale transaction;

����� (2) Enter into any agreement to invest funds or sell securities for future delivery for a fee other than interest;

����� (3) Lend securities to any person or institution, except on a fully collateralized basis;

����� (4) Pay for any securities purchased by the investment officer until the investment officer has received physical possession, or other sufficient evidence, as determined under ORS 293.751 (1), of title to the securities. However, the investment officer may instruct any custodial agent or bank to accept securities on the investment officer�s behalf against payment for the securities previously deposited with the custodial agent or bank by the investment officer; or

����� (5) Deliver securities to the purchaser of the securities upon sale prior to receiving payment in full for the securities. However, the investment officer may deliver the securities to any custodial agent or bank upon instructions to hold the securities pending receipt by the custodial agent or bank of full payment for the securities. [1981 c.880 �11; 1991 c.88 �6; 2007 c.871 �27; 2008 c.18 ��2,3]

����� 294.850 Contracts with persons to perform investment functions; compensation; bond. The Oregon Investment Council may enter into contracts with one or more persons whom the council determines to be qualified, whereby the persons undertake, in lieu of the investment officer, to perform the functions specified in ORS 294.845 to the extent provided in the contract. Performance of functions under contract so entered into shall be paid for out of the gross interest or other income of the investments with respect to which the functions are performed, and the net interest or other income of the investments after that payment shall be considered income of the investment pool. The council may require a person contracted with to give to the state a fidelity bond in a penal sum as may be fixed by law or, if not so fixed, as may be fixed by the council, with corporate surety authorized to do business in this state. Contracts so entered into and functions performed thereunder are not subject to the State Personnel Relations Law or ORS 279A.140. [1973 c.748 �11; 2003 c.794 �251]

����� 294.855 Legal opinions; investment counseling services; mortgage services. (1) In the acquisition or disposition of bonds with which approving legal opinions ordinarily are furnished, the investment officer may require an original or certified copy of the written opinion of a reputable bond attorney or attorneys, or the written opinion of the Attorney General, certifying to the legality of the bonds.

����� (2) The Oregon Investment Council may arrange for the furnishing to the investment officer of investment counseling services. The furnishing and acquisition of those services are not subject to the State Personnel Relations Law or ORS 279A.140.

����� (3) The investment officer, with the approval of the council, may arrange for services with respect to mortgages in which moneys in the investment pool are invested. Those services shall be paid for out of the gross interest of the mortgages with respect to which the services are furnished, and the net interest of the mortgages after that payment shall be considered income of the investment pool. The furnishing and acquisition of those services are not subject to the State Personnel Relations Law or ORS 279A.140. [1973 c.748 �12; 2003 c.794 �252]

����� 294.860 Custody of investment documents; collection and distribution of income; calculation and allocation of profit and loss; defaulted payments of principal and interest, collection, compromise. (1) Except as provided in ORS 294.850 and this subsection, all instruments of title of all investments of the investment pool shall remain in the custody of the investment officer. The investment officer may deposit with one or more custodial agents or banks those instruments of title that the State Treasurer considers advisable, to be held in safekeeping by the agents or banks for collection of the principal and interest or other income, or of the proceeds of sale or maturity. For purposes of this section, instruments of title of investments of the investment pool may include such evidence of title as the investment officer shall consider secure and consistent with modern investment, banking and commercial practices, and may include book entry and automated recordation of such title.

����� (2) Except as provided in ORS 294.850 and 294.855 (3) and subsections (1) and (3) of this section, the investment officer shall collect the principal and interest or other income of investments of the investment pool, title of which is in the investment officer�s custody, when due and payable, and shall pay to the appropriate local government official or tribal government official the principal and interest or other income, within 30 days after the last day of the calendar quarter in which the principal and interest or other income accrues. Not less often than quarterly and without regard to whether the short-term investments were made with moneys placed by local government officials, by tribal government officials or by other sources, the investment officer shall compute the amount by which the current fair market value exceeds or is less than the net purchase price of all short-term investments administered by the investment officer that mature more than 270 days from the date computation is made. The investment officer shall compute the fair market value of such investments based upon the mean value of the bid and ask price of such investments as of the date of computation, based upon quotations from reputable dealers or financial institutions dealing in such investments. If the amount so computed by the investment officer totals more than one percent of the balance of the pool, either in terms of a gain or loss, the investment officer shall allocate the amount to all pool participants. Any addition to or deduction from amounts to be distributed shall be allocated among the municipalities and tribal governments participating in the pool at any time during the month in proportion to their average daily balances of funds invested through the pool. Investments maturing 270 days or less from the date of computation shall not be subject to the foregoing computation, but for other purposes shall be valued at book value or original purchase price.

����� (3) In the event of default in the payment of principal or interest or other income of any investment of the investment pool, the investment officer, with the approval of the council, may:

����� (a) Institute the proper proceedings to collect the matured principal or interest or other income.

����� (b) Accept for exchange purposes refunding bonds or other evidences of indebtedness at interest rates to be agreed upon by the investment officer and obligor.

����� (c) Make compromises, adjustments or disposition of the matured principal or interest or other income as the investment officer considers advisable for the purpose of protecting the moneys invested.

����� (d) Make compromises or adjustments as to future payments of principal or interest or other income as the investment officer considers advisable for the purposes of protecting the moneys invested. [1973 c.748 �13; 1979 c.475 �2; 1987 c.381 �4; 1991 c.88 �1; 1995 c.40 �2; 2013 c.338 �6]

����� 294.865 Monthly deductions from income received for payment of expenses. The State Treasurer may deduct monthly a maximum of 0.435 basis points of the most recent market value of assets under the management of the investment pool. Amounts so deducted shall pay the State Treasurer for expenses of the State Treasurer as investment officer and to the extent the amounts deducted are so used shall be deposited into the Miscellaneous Receipts Account established in the General Fund for the State Treasurer, and are continuously appropriated for payment of the expenses of the State Treasurer as investment officer. [1973 c.748 �6; 1975 c.740 �9; 1977 c.266 �11; 1991 c.88 �2; 1995 c.288 �2; 1999 c.1043 �3; 2001 c.716 �25]

����� 294.870 Separate accounts for public bodies; reports on investment changes and monthly financial statements required. (1) The investment officer shall keep, for each public body with funds in the investment pool, a separate account, which shall record the individual amounts and the totals of all investments of its moneys in the investment pool.

����� (2) The investment officer shall report monthly to the local government official or tribal government official of a public body with funds in the investment pool the changes in its account made during the preceding month for the investment pool. The investment officer shall also furnish a financial report monthly to each participating governmental unit investor in the investment pool. The financial report shall include, but not be limited to, such comparative data for the preceding six months operation of the investment pool as will provide a basis for analyzing trends and comparing operating results and financial position. A monthly statement shall be distributed within 30 days after the end of that month. [1973 c.748 ��14,15; 1979 c.608 �5; 1989 c.569 �4; 2007 c.783 �122b; 2013 c.338 �7]

����� 294.875 Monthly report of investments of pool funds; distribution. Not later than 15 days after the last day of each month, the investment officer shall submit to the Oregon Investment Council and the Oregon Short Term Fund Board a report of the investments made during the preceding month. The report shall include a detailed summary of investment, reinvestment, purchase, sale and exchange transactions, setting forth, among other matters, the investments bought, sold and exchanged, the dates thereof, the prices paid and obtained, the names of the dealers involved and a statement of the accounts referred to in ORS 294.870 (1). The reports shall include a description of every investment in the portfolio of assets in the investment pool showing issuer, coupon, purchase date, maturity date, yield to maturity, book value, market value as of the end of the month for which the report is rendered and the method used to value pool investments; a computation of the average life of the portfolio of assets in the investment pool weighted according to the market value of each investment that matures more than 270 days from the report date as of the end of the month for which the report is rendered; and a computation of the annualized rate of return of the investment pool portfolio, net of expense. A copy of the reports shall be made available to each county, municipality, school district and other political subdivision and tribal government the funds of which are then being invested by the investment officer. The investment officer may send copies of the report to investment bankers and brokers recommended by the council. [1973 c.748 �16; 1981 c.880 �17; 1987 c.381 �5; 2013 c.338 �8]

����� 294.880 Program examination and audit; report; distribution. An examination and audit of the investment pool shall be made separately from the audit of the treasurer for submission to the Oregon Investment Council, public bodies that are investors in the pool, the Legislative Assembly and the Oregon Short Term Fund Board at least once a year and at other times as the council may require. An audit report shall be submitted to the individuals and public bodies specified within 60 days after the end of the fiscal year or as soon as practical. The report shall include a statement prepared by the State Treasurer of the investment rules governing investments authorized by the council. [1973 c.748 �17; 1979 c.608 �6; 2007 c.783 �122c; 2013 c.338 �9]

����� 294.882 Merger or subsequent separation of investment pool and Oregon Short Term Fund; preconditions. (1) It is recognized that a time may come when the interest of local governments and tribal governments diminishes to the extent that participation in the investment pool no longer warrants its operation as a separate fund. If the investment pool decreases to a level below $125 million, the State Treasurer may transfer the assets of the pool to the Oregon Short Term Fund established under ORS 293.728. In that event, the investment pool participant accounts will be treated as are other state funds and accounts in receiving a proportionate share of the earnings of the Oregon Short Term Fund. Notwithstanding ORS

ORS 305.220

305.220 shall be four percent greater than the annual interest rate provided under ORS 305.220. The increased rate shall apply only for interest periods that begin 61 days after the date of notice of the delinquency.

����� (3) If the deficiency assessment is appealed to the Oregon Tax Court without prior payment of tax, then notwithstanding subsection (2) of this section, the increased rate of interest shall commence only for interest periods that begin 61 days after the date that the order of the Oregon Tax Court or the Oregon Supreme Court affirming the deficiency is entered. [1987 c.647 �7; 1993 c.726 �2; 1995 c.650 �110; 1997 c.325 ��3,4; 2017 c.278 �4]

����� 305.225 Request of assistance by law enforcement agency; disclosure of tax records. (1) Notwithstanding ORS 314.835, if the Department of Revenue determines that assistance of a law enforcement agency is necessary to insure compliance with any of the laws of this state administered by it, the department may request such assistance. In connection with assistance requested under this section only, the Department of Revenue may disclose a tax return, report or claim, or information in its files regarding a tax return, report or claim permitted or required to be filed with the department under any law administered by the department to the Oregon State Police, district attorney, grand jury, judicial authority or local law enforcement agency for the investigation or the prosecution of violations of the criminal laws of this state relating to perjury, theft or forgery if those violations occur in connection with the filing of such a return, report or claim, or of the tax laws of this state. Disclosure under this section shall be solely for the purpose of investigation or prosecution of violations involving the filing of a false or fraudulent return, report or claim, wherein the validity of the return, report or claim, or information contained therein, is at issue. Returns, reports or claims, or information contained therein shall not be disclosed if the purpose for which the information is sought is as evidence of a crime unrelated to the validity of the return, report or claim, or the information contained therein, supplied to the department or if the information is requested by a law enforcement agency in connection with any other investigation or prosecution.

����� (2) Each person given access to the confidential tax information authorized to be disclosed under this section shall first execute and file with the department the certificate required by ORS 314.840 (3) and shall cause a similar certificate to be executed and filed with the department by any associate or subordinate who is assigned to use the information for the purposes stated in this section. [1985 c.761 �26; 2009 c.640 �1]

����� 305.227 [1985 c.85 �2; repealed by 1993 c.593 �10]

����� 305.228 Penalty for second dishonored payment of taxes; waiver. (1) The Department of Revenue shall assess a penalty against any person who has previously tendered a dishonored check, draft, order or electronic funds transfer for the payment of any amount collected by the department and who subsequently makes and tenders to the department any check, draft, order or electronic funds transfer for the payment of any tax or any other amount collected by the department, including amounts assigned for collection under ORS 293.250, that is dishonored by the drawee for the following reasons:

����� (a) Lack of funds;

����� (b) Lack of credit;

����� (c) Because the maker has no account with the drawee; or

����� (d) Because the maker has ordered payment stopped on the check, draft, order or electronic funds transfer.

����� (2) The amount of the penalty assessed under subsection (1) of this section shall be equal to the greater of $25 or three times the amount of the dishonored check, draft, order or electronic funds transfer. The amount of the penalty shall not be greater than $500.

����� (3) The penalty imposed under this section is in addition to any other penalty imposed by law. Any person against whom a penalty is assessed under this section may appeal to the tax court as provided in ORS 305.404 to 305.560. If the penalty is not paid within 10 days after the order of the tax court becomes final, the department may record the order and collect the amount assessed in the manner as income tax deficiencies are recorded and collected under ORS 314.430.

����� (4) The department may waive all or any part of the penalty assessed under this section on a showing that there was a reasonable basis for tendering the check, draft, order or electronic funds transfer.

����� (5) As used in this section, �electronic funds transfer� has the meaning given that term in ORS 293.525. [1985 c.85 �3; 1995 c.650 �111; 1999 c.61 �1]

����� 305.229 When penalties not imposed; rules. Notwithstanding any other provision of the tax laws of this state that are administered by the Department of Revenue, the department may adopt rules setting forth circumstances or conditions under which a penalty that otherwise would be imposed under those tax laws is not imposed. [2003 c.317 �5]

����� 305.230 [1969 c.97 �1; 1973 c.681 �3; 1979 c.596 �1; 1985 c.761 �40; 1985 c.802 �35; 1987 c.468 �6; 1989 c.414 �3; 1991 c.5 �19; 1995 c.79 �106; 1995 c.556 �30; 1995 c.650 �12; 1997 c.839 �41; 1999 c.90 �28; 1999 c.224 �4; 1999 c.322 �36; 2001 c.300 �59; 2001 c.660 �23; 2003 c.46 �4; 2003 c.77 �1; 2003 c.704 �14a; 2005 c.345 �4; 2005 c.346 �1; 2005 c.832 �13; 2007 c.319 �28; 2007 c.614 �1; 2008 c.45 �1; 2009 c.5 �11; 2009 c.909 �11; 2010 c.82 �11; 2011 c.7 �11; 2012 c.31 �11; 2013 c.377 �11; 2014 c.52 �11; 2015 c.442 �11; 2016 c.33 �12; 2017 c.527 �13; 2018 c.101 �13; 2019 c.319 �13; 2021 c.456 �14; renumbered 305.239 in 2021]

����� 305.231 [2021 c.2 �6; 2021 c.591 �6; 2023 c.602 �47; repealed by 2024 c.70 �72]

(Representation of Taxpayer)

����� 305.239 Qualifications of persons representing taxpayer; procedure for designating representative; rules. (1) Notwithstanding ORS 9.320:

����� (a) Any person who is qualified to practice law or public accountancy in this state, any person who has been granted active enrollment to practice before the Internal Revenue Service and who is qualified to prepare tax returns in this state or any person who is the authorized employee of a taxpayer and is regularly employed by the taxpayer in tax matters may represent the taxpayer before a tax court magistrate or the Department of Revenue in any conference or proceeding with respect to the administration of any tax.

����� (b) Any person who is licensed by the State Board of Tax Practitioners or who is exempt from such licensing requirement as provided for and limited by ORS 673.610 may represent a taxpayer before a tax court magistrate or the department in any conference or proceeding with respect to the administration of any tax on or measured by net income.

����� (c) Any shareholder of an S corporation, as defined in section 1361 of the Internal Revenue Code, as amended and in effect on December 31, 2023, may represent the corporation in any proceeding before a tax court magistrate or the department in the same manner as if the shareholder were a partner and the S corporation were a partnership. The S corporation must designate in writing a tax matters shareholder authorized to represent the S corporation.

����� (d) An individual who is licensed as a real estate broker or principal real estate broker under ORS 696.022 or is a state certified appraiser or state licensed appraiser under ORS 674.310 or is a registered appraiser under ORS 308.010 may represent a taxpayer before a tax court magistrate or the department in any conference or proceeding with respect to the administration of any ad valorem property tax.

����� (e) A general partner who has been designated by members of a partnership as their tax matters partner under ORS 305.242 may represent those partners in any conference or proceeding with respect to the administration of any tax on or measured by net income.

����� (f) Any person authorized under rules adopted by the department may represent a taxpayer before the department in any conference or proceeding with respect to any tax. Rules adopted under this paragraph, to the extent feasible, shall be consistent with federal law that governs representation before the Internal Revenue Service, as federal law is amended and in effect on December 31, 2023.

����� (g) Any person authorized under rules adopted by the tax court may represent a taxpayer in a proceeding before a tax court magistrate.

����� (2) A person may not be recognized as representing a taxpayer pursuant to this section unless there is first filed with the magistrate or department a written authorization, or unless it appears to the satisfaction of the magistrate or department that the representative does in fact have authority to represent the taxpayer. A person recognized as an authorized representative under rules or procedures adopted by the tax court shall be considered an authorized representative by the department.

����� (3) A taxpayer represented by someone other than an attorney is bound by all things done by the authorized representative, and may not thereafter claim any proceeding was legally defective because the taxpayer was not represented by an attorney.

����� (4) Prior to the holding of a conference or proceeding before the tax court magistrate or department, written notice shall be given by the magistrate or department to the taxpayer of the provisions of subsection (3) of this section. [Formerly

ORS 309.140

309.140; 1995 c.226 �10; 1997 c.541 �231; 2023 c.29 �26]

����� 309.080 [Amended by 1955 c.709 �12; 1957 c.326 �4; 1979 c.241 �42; 1981 c.804 �14; 1989 c.330 �11; repealed by 1991 c.96 �13 and 1991 c.459 �208]

����� 309.090 [Amended by 1953 c.296 �2; 1957 c.326 �5; 1979 c.241 �43; 1981 c.804 �15; 1985 c.613 �22; repealed by 1991 c.96 �13 and 1991 c.459 �208]

(Appeals of Value)

����� 309.100 Petitions for reduction of property value; filing; hearings; notice of hearing; representation at hearing. (1) Except as provided in ORS 305.403, the owner or an owner of any taxable property or any person who holds an interest in the property that obligates the person to pay taxes imposed on the property, may petition the property value appeals board for relief as authorized under ORS 309.026. As used in this subsection, an interest that obligates the person to pay taxes includes a contract, lease or other intervening instrumentality.

����� (2) Petitions filed under this section shall be filed with the clerk of the board during the period following the date the tax statements are mailed or otherwise delivered for the current tax year and ending December 31.

����� (3) Each petition shall:

����� (a) Be made in writing.

����� (b) State the facts and the grounds upon which the petition is made.

����� (c) Be signed and verified by the oath of a person described in subsection (1) or (4) of this section.

����� (d) State the address to which notice of the action of the board shall be sent. The notice may be sent to a person described in subsection (1) or (4) of this section.

����� (e) State if the petitioner or a representative desires to appear at a hearing before the board.

����� (4)(a) The following persons may sign a petition and appear before the board on behalf of a person described in subsection (1) of this section:

����� (A) A relative, as defined by rule adopted by the Department of Revenue, of an owner of the property.

����� (B) A person duly qualified to practice law or public accountancy in this state.

����� (C) A legal guardian or conservator who is acting on behalf of an owner of the property.

����� (D) A real estate broker or principal real estate broker licensed under ORS 696.022.

����� (E) A state certified appraiser or a state licensed appraiser under ORS 674.310 or a registered appraiser under ORS 308.010.

����� (F) The lessee of the property.

����� (G) An attorney-in-fact under a general power of attorney executed by a principal who is an owner of the property.

����� (b) A petition signed by a person described in this subsection, other than a legal guardian or conservator of a property owner, an attorney-in-fact described in paragraph (a)(G) of this subsection or a person duly qualified to practice law in this state, shall include written authorization for the person to act on behalf of the owner or other person described in subsection (1) of this section. The authorization shall be signed by the owner or other person described in subsection (1) of this section.

����� (c) In the case of a petition signed by a legal guardian or conservator, the board may request the guardian or conservator to authenticate the guardianship or conservatorship.

����� (d) In the case of a petition signed by an attorney-in-fact described in paragraph (a)(G) of this subsection, the petition shall be accompanied by a copy of the general power of attorney.

����� (5) If the petitioner has requested a hearing before the board, the board shall give such petitioner at least five days� written notice of the time and place to appear. If the board denies any petition upon the grounds that it does not meet the requirements of subsection (3) of this section, it shall issue a written order rejecting the petition and set forth in the order the reasons the board considered the petition to be defective.

����� (6) Notwithstanding ORS 9.160 or 9.320, the owner or other person described in subsection (1) of this section may appear and represent himself or herself at the hearing before the board, or may be represented at the hearing by any authorized person described in subsection (4) of this section. [Amended by 1955 c.709 �14; 1959 c.56 �1; 1967 c.78 �5; 1969 c.561 �2; 1971 c.377 �9; 1973 c.402 �34; 1981 c.804 �16; 1983 c.603 �2; 1983 s.s. c.5 �16; 1987 c.808 �1; 1989 c.330 �12; 1991 c.5 �25; 1991 c.459 �196; 1993 c.270 �42; 1995 c.79 �136; 1995 c.467 �1; 1997 c.541 �232; 1999 c.579 ��11,11a; 2001 c.300 �60; 2003 c.120 �1; 2009 c.33 �9; 2011 c.111 �2; 2019 c.360 �1; 2023 c.29 �27]

����� 309.103 [1969 c.561 �1; 1973 c.402 �14; 1981 c.804 �17; 1983 c.603 �3; 1989 c.330 �13; repealed by 1991 c.96 �13 and 1991 c.459 �208]

����� 309.104 Electronic filing; rules. The Department of Revenue may prescribe rules that provide for the filing of a petition under ORS 309.100 and related written material, including signatures and verifications, by electronic means and may prescribe the conditions and requirements that must be met in order for an electronic filing to meet the requirements of ORS 309.100. [1997 c.154 �8]

����� 309.105 [1955 c.709 �13; 1971 c.377 �10; 1979 c.241 �44; 1981 c.804 �18; 1983 s.s. c.5 �17; 1985 c.613 �14; repealed by 1991 c.96 �13 and 1991 c.459 �208]

����� 309.110 Disposition of petitions; orders; mailing or delivery; stipulations; amended orders; appeals. (1) The disposition of every petition before a property value appeals board, other than a petition that is resolved by stipulation under ORS 308.242, and the board�s determination thereon shall be recorded by formal order and entered in the record of the board. A copy of the order as to each petition shall be sent, by mail, to the petitioner at the post-office address given in the petition. When a copy of a board�s order is personally delivered to the petitioner, the requirement to mail a copy of the order is waived. A copy of each order shall be delivered to the assessor and the officer in charge of the roll on the same day that the order is mailed or delivered to the petitioner. The orders of a board shall specify what changes shall be made in the tax roll, if any, and shall direct the officer in charge of the roll to make them. The legal advisor of the board shall be available to aid a board in the preparation of its orders.

����� (2) If a petition is filed with the board that is resolved by stipulation under ORS 308.242 prior to the date the board convenes, the stipulation shall be entered into the record of the board. The requirements for recording by formal order, mailing and delivery under subsection (1) of this section do not apply to a stipulation entered into the record under this subsection. For all other purposes, a petition that is resolved by stipulation under ORS 308.242 prior to the date the board convenes shall be treated as if the petition had been withdrawn.

����� (3)(a) A board may issue amended orders to correct clerical errors or errors of jurisdiction appearing in its original orders.

����� (b) A board may authorize a board member or clerk of the board to amend board orders on behalf of the board for the purpose of correcting clerical errors.

����� (4) Amended orders correcting an error of jurisdiction may be issued only during a board�s session, or by call of the chairperson.

����� (5) An amended order correcting a clerical error or an error of jurisdiction must be made on or before June 30 of the year in which the original order was issued by the board.

����� (6) The provisions of subsection (1) of this section shall apply to amended orders, unless the context requires otherwise. Amended orders shall be mailed to the petitioner and delivered to the assessor and the officer in charge of the roll not later than five days after the adjournment of a board�s meetings or five days after the date the order is amended, whichever is later.

����� (7) The order of a board, other than an order relating to an application to excuse liability for the penalty imposed under ORS 308.295, may be appealed to the magistrate division of the Oregon Tax Court.

����� (8) As used in this section:

����� (a) �Clerical error� means an error in an order that either arises from an error in the minutes of a board or is a failure to correctly reflect the minutes of a board and that, had it been discovered prior to the order being issued, would have been corrected as a matter of course. In order to be a clerical error, the information necessary to make the correction must be contained in the minutes of the board. Such errors include, but are not limited to, arithmetic and copying errors and omission or misstatement of identification of property.

����� (b) �Error of jurisdiction� means an error in an order resulting from a board�s failure to correctly apply the board�s authority as granted under ORS 309.026. [Amended by 1957 c.326 �6; 1959 c.666 �1; 1977 c.884 �14; 1981 c.804 �19; 1983 c.602 �1; 1985 c.318 �6; 1985 c.613 �23; 1989 c.330 �14; 1991 c.459 �198; 1993 c.498 �4; 1995 c.226 �11; 1997 c.541 �233; 1999 c.21 �23; 1999 c.340 �5; 1999 c.579 �12; 2001 c.114 �22; 2001 c.511 �3; 2003 c.35 �1; 2023 c.29 �28]

����� 309.115 Term of order correcting real market value; permissible adjustments; exceptions. (1) If the Department of Revenue, the property value appeals board or the tax court or other court enters an order correcting the real market value of a separate assessment of property and there is no further appeal from that order, except as provided under subsection (2) or (3) of this section, the value so entered shall be the real market value entered on the assessment and tax rolls for the five assessment years next following the year for which the order is entered.

����� (2) Notwithstanding subsection (1) of this section, the following adjustments may be made to the real market value during the period described in subsection (1) of this section:

����� (a) Annual trending or indexing applied to all properties of the same property class in the county, or within clearly defined areas of the county under this chapter.

����� (b) Annual trending or depreciation factors applied to similar property.

����� (c) Additions or retirements based upon returns filed under ORS 308.290.

����� (d) Additions, retirements or economic trending from the annual valuations under ORS 308.505 to 308.674.

����� (e) Increases directly related to additions, remodeling or rehabilitation made to property.

����� (f) Changes directly related to subdividing or partitioning the property.

����� (g) Changes directly related to rezoning the property and using the property consistent with the rezoning.

����� (h) Property damaged, destroyed or otherwise subject to loss of real market value.

����� (i) Changes indicated by a subsequent sale of the property.

����� (3) In the case of state-appraised industrial property as defined in ORS 306.126, subsection (1) of this section does not apply to changes in real market value as a result of:

����� (a) Annual trending or depreciation factors applied by type of property to industrial or personal property;

����� (b) Additions or retirements based upon returns filed under ORS 308.290; or

����� (c) Property damaged, destroyed or otherwise subject to loss of real market value.

����� (4) If, during the five-year period described in subsection (1) of this section, another order correcting the real market value of the property subject to subsection (1) of this section is entered, subsection (1) of this section shall apply for the five assessment years next following the year the later order is entered. [1989 c.678 �2; 1991 c.459 �198a; 1995 c.650 �65; 1997 c.154 ��45,46; 1997 c.541 ��234,235; 1999 c.579 �28; 2001 c.6 �1; 2015 c.36 �12; 2019 c.380 �1; 2023 c.29 �29]

����� 309.120 Entry in roll of corrections, additions or changes. Corrections, additions to, or changes in the roll shall be entered in the roll by the officer in charge of the roll in a manner clearly showing that the assessor�s prior entry, if any, has been superseded, and showing the entry ordered by the property value appeals board, indicating the change substantially �as ordered by the county property value appeals board.� The entries shall be a part of the record of the action of the board. [Amended by 1957 c.326 �7; 1981 c.804 �20; 1991 c.459 �199; 1997 c.541 �237; 2023 c.29 �30]

����� 309.130 [Amended by 1957 c.326 �8; 1981 c.804 �21; repealed by 1991 c.96 �13 and 1991 c.459 �208]

����� 309.140 [Amended by 1991 c.459 �200; renumbered 309.072 in 1991]

����� 309.150 Appeals of personal property value upon summary or accelerated collection of taxes. Appeals of the value of personal property, on which the tax is required to be paid as provided in ORS 311.465 and 311.480, shall be heard by a property value appeals board in the same manner that other assessments of property are heard. [Amended by 1975 c.365 �2; 1981 c.804 �22; 1991 c.459 �201; 1995 c.226 �12; 1997 c.541 �238; 2023 c.29 �31]

����� 309.160 [1979 c.241 �32; 1981 c.804 �1; 1983 s.s. c.5 �18; repealed by 1985 c.613 �31]

SALES RATIO STUDIES AND DEPARTMENT OF REVENUE REVIEW

����� 309.200 Assessor to collect sales data and prepare ratio study; filing study with department and board. (1) Between January 1 and December 31 of each year the county assessor shall collect sales data for a ratio study.

����� (2) The assessor shall prepare and complete a certified ratio study in the time and manner provided by the rules adopted by the Department of Revenue. A copy of the sales data collected and used as the basis for conclusions relating to real market value shall be included with the ratio study. The assessor shall file a certified copy of the sales data and ratio study with the department, as prescribed by department rule.

����� (3) Not later than October 15 of each year the assessor shall file with the clerk of the property value appeals board a copy of the ratio study. [1975 c.753 �2; 1981 c.804 �23; 1985 c.613 �24; 1989 c.330 �18; 1991 c.459 �202; 1993 c.270 �43; 1997 c.541 �239; 1999 c.655 �7; 2023 c.29 �32]

����� 309.203 Real market value standard; compliance; recommendations or orders by department; examination of ratio study; action if standard in jeopardy. (1) On or before June 15 of each year, the Department of Revenue shall give specific written recommendations or orders to the county assessor as to the actions which, in the department�s judgment, should be taken by the assessor in order to achieve compliance with the real market value standard required under ORS 308.232 in the forthcoming assessment roll. Copies shall be sent to the county governing body for their information. On or before July 15 following, the county assessor shall act upon the recommendations or orders of the department, or notify the department in writing, of any objections to the department�s recommendations or orders.

����� (2) After May 1, but prior to September 1, the department shall examine the certified ratio study prepared by each county assessor under ORS 309.200 and studies prepared by the department, to determine if the value of all locally assessed taxable properties complies with the real market value requirements of ORS 308.232. The assessor and the department shall cooperate with each other to keep the department informed as to the assessor�s needs and as to the status of the current assessment work. If, in the judgment of the department, the attainment of the real market value standard required under ORS 308.232 is in jeopardy, the department shall notify the assessor in writing of the determination and the factors giving rise to it, with the statement that if unfulfilled statutory duties specified by the department are not met, the department shall take action pursuant to this section. A copy of such notice shall be sent to the county governing body, for its information. On or before September 1, the department shall issue a written order to the assessor to adjust the classes of property on the assessment roll:

����� (a) If the department finds that the ratio of all taxable properties deviates more than five percent from the real market value level required by ORS 308.232, the department shall order an adjustment to the real market values that will result in compliance with ORS 308.232. The assessor shall apply the adjustment to real market values on the assessment roll and compute corrected assessed values if necessary. A tolerance of five percent from 100 percent may be presumed by the department to meet the requirements of ORS 308.232. Notwithstanding satisfactory compliance with the provisions of paragraph (b) of this subsection, the department shall take any action necessary to achieve the real market value level required by ORS 308.232.

����� (b) If the department finds that the real market value for any class of property provided for under ORS 308.215 deviates more than 10 percent from 100 percent of real market value for the class, the department shall order a change of values to bring the class to 100 percent of real market value. The order may be made applicable to the class throughout the county or to the class in specific areas of the county and may take into account variations caused by appraisals being made in different years.

����� (c) If the department�s order results in a valuation increase, the increase may be appealed in the manner provided by ORS 309.100.

����� (3) If the department orders an adjustment to the real market values of property under subsection (2) of this section, the department shall immediately give notice to the assessor, showing why the adjustment is ordered. [Formerly 309.035; 2001 c.509 �1]

����� 309.205 [1975 c.753 �6; 1979 c.241 �45; 1981 c.804 �24; 1985 c.613 �25; repealed by 1989 c.330 �19]

����� 309.210 [Repealed by 1953 c.708 �19]

����� 309.215 [1975 c.753 �9; 1979 c.241 �46; repealed 1981 c.804 �112]

����� 309.220 [Repealed by 1953 c.708 �19]

����� 309.230 [Repealed by 1953 c.708 �19]

����� 309.240 [Repealed by 1953 c.708 �19]

����� 309.250 [Repealed by 1953 c.708 �19]

����� 309.260 [Repealed by 1953 c.708 �19]

����� 309.270 [Repealed by 1953 c.708 �19]

����� 309.310 [Repealed by 2025 c.36 �1]

����� 309.320 [Amended by 1991 c.459 �202a; repealed by 1997 c.541 �241]

ASSESSMENT ROLL SUMMARIES

(General Provisions)

����� 309.330 Transmission of summary of assessment roll by assessor. (1) After the assessment roll of any county has been delivered to the tax collector as required by ORS 311.115, the county assessor shall transmit to the Director of the Department of Revenue within 10 days after the roll is delivered to the tax collector, but not later than November 4, a certified copy of the summary of the assessment roll.

����� (2) The summary of the assessment roll shall be shown on forms prescribed by the Department of Revenue with such classification of property as the director shall specify. [Amended by 1969 c.520 �34; 1977 c.220 �1; 1981 c.804 �111; 1991 c.459 �202b]

����� 309.340 Recording and tabulating assessment roll summaries. Upon the receipt of tabulated summaries of the assessment rolls, the Department of Revenue shall record the summaries in a book provided and kept in its office for that purpose and shall, subject to the instructions of the Director of the Department of Revenue, compile the summaries into tabular form for the use of the director. [Amended by 1969 c.520 �35; 1977 c.220 �2]

����� 309.350 [Amended by 1969 c.520 �36; 1977 c.220 �3; 1991 c.459 �203; repealed by 1997 c.541 �241]

����� 309.360 Examining summaries; obtaining other information. The Department of Revenue shall examine and compare the summaries of the assessment rolls as certified by the county assessors and may obtain such other information as the department considers necessary to ascertain and determine the true and relative value of all the taxable property in the several counties, including property assessed by the department. [Amended by 1991 c.459 �203a]

����� 309.370 Combined assessment roll summaries. After the Department of Revenue has examined and compared the summaries and obtained the other necessary information, the department shall combine the result in a table. When approved by the Director of the Department of Revenue, a table shall be signed by the director and retained on file in the department. [Amended by 1969 c.520 �37; 1981 c.804 �25; 1985 c.761 �14; 1991 c.459 �203b; 1993 c.98 �14; 1997 c.541 �240]

����� 309.380 [Amended by 1981 c.804 �26; repealed by 1993 c.98 �26]

����� 309.390 [Repealed by 1977 c.220 �4]

����� 309.400 Ordering or making change of valuation or addition of property. (1) The Department of Revenue may order any officer in charge of the assessment roll to raise or lower the valuation of any taxable property and to add property to the assessment roll.

����� (2) If an officer fails to comply with any order or requirement of the department, the department may make the correction or change in the assessment roll. [Amended by 1953 c.22 �2; 1991 c.96 �7; 1991 c.459 �204]

����� 309.410 [1955 c.709 �16; 1967 c.293 �38; 1969 c.520 �38; repealed by 1971 c.377 �12]

����� 309.510 [Amended by 1955 c.591 �1; 1961 c.590 �3; renumbered 291.342]

����� 309.520 [Amended by 1953 c.323 �3; 1955 c.34 �1; 1955 c.591 �2; 1961 c.590 �4; renumbered 291.344]

����� 309.530 [Amended by 1961 c.590 �5; renumbered 311.657]

����� 309.540 [Repealed by 1953 c.705 �2]

����� 309.550 [Renumbered 311.658]

(Penalties)

����� 309.990 Penalties. Any person who willfully and knowingly presents or furnishes to the Director of the Department of Revenue, or any member of the director�s staff, any statement required by the director, or representatives or agents of the director, under ORS 309.360 that is false or fraudulent is guilty of perjury. Upon conviction, the person shall be punished as provided by law for the crime of perjury. [Subsections (1) and (2) enacted as 1955 c.709 �15; 1969 c.520 �39; 1971 c.377 �11; 1981 c.804 �27; 2005 c.94 �60]

ORS 31.260

31.260 to 31.278 to an appropriate committee or interim committee of the Legislative Assembly. [2013 c.5 �9; 2025 c.405 �18]

����� 31.278 Use of information relating to notice of adverse health care incident. (1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276. Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident.

����� (2) The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 to a regulatory agency or licensing board.

����� (3) The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident.

����� (4) A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 �10]

����� 31.280 [2013 c.5 �17; repealed by 2025 c.405 �17]

(Actions Against Design Professionals)

����� 31.300 Pleading requirements for actions against design professionals. (1) As used in this section, �design professional� means an architect, landscape architect, professional engineer or professional land surveyor registered under ORS chapter 671 or 672 or licensed to practice as an architect, landscape architect, professional engineer or professional land surveyor in another state.

����� (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim against a design professional that arises out of the provision of services within the course and scope of the activities for which the person is registered or licensed may not be filed unless the claimant�s attorney certifies that the attorney has consulted a design professional with similar credentials who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the design professional. The certification must contain a statement that a design professional with similar credentials who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, is available and willing to testify that:

����� (a) The alleged conduct of the design professional failed to meet the standard of professional skill and care ordinarily provided by other design professionals with similar credentials, experience and expertise and practicing under the same or similar circumstances; and

����� (b) The alleged conduct was a cause of the claimed damages, losses or other harm.

����� (3) In lieu of providing the certification described in subsection (2) of this section, the claimant�s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:

����� (a) The applicable statute of limitations is about to expire;

����� (b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and

����� (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one registered or licensed design professional who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, as required by subsection (2) of this section.

����� (4) Upon motion of the design professional, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any design professional that fails to comply with the requirements of this section.

����� (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a design professional by any plaintiff who:

����� (a) Is a design professional, contractor, subcontractor or other person providing labor, materials or services for the real property improvement that is the subject of the claim;

����� (b) Is the owner, lessor, lessee, renter or occupier of the real property improvement that is the subject of the claim;

����� (c) Is involved in the operation or management of the real property improvement that is the subject of the claim;

����� (d) Has contracted with or otherwise employed the design professional; or

����� (e) Is a person for whose benefit the design professional performed services. [2003 c.418 �1; 2015 c.610 �1]

(Actions Against Real Estate Licensees)

����� 31.350 Pleading requirements for actions against real estate licensees. (1) As used in this section, �real estate licensee� has the meaning given that term in ORS 696.010.

����� (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is licensed may not be filed unless the claimant�s attorney certifies that the attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee. The certification required by this section must be filed with or be made part of the original complaint, cross-claim, counterclaim or third-party complaint. The certification must contain a statement that a real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, is available and willing to testify that:

����� (a) The alleged conduct of the real estate licensee failed to meet the standard of professional care applicable to the real estate licensee in the circumstances alleged; and

����� (b) The alleged conduct was a cause of the claimed damages, losses or other harm.

����� (3) In lieu of providing the certification described in subsection (2) of this section, the claimant�s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:

����� (a) The applicable statute of limitations is about to expire;

����� (b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and

����� (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, as required by subsection (2) of this section.

����� (4) Upon motion of the real estate licensee, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any real estate licensee who fails to comply with the requirements of this section.

����� (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a real estate licensee by any plaintiff who:

����� (a) Has contracted with or otherwise employed the real estate licensee; or

����� (b) Is a person for whose benefit the real estate licensee performed services. [2005 c.277 �1; 2007 c.319 �25]

(Actions Arising From Injuries Caused by Dogs)

����� 31.360 Proof required for claim of economic damages in action arising from injury caused by dog. (1) For the purpose of establishing a claim for economic damages, as defined in ORS 31.705, in an action arising from an injury caused by a dog:

����� (a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and

����� (b) The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause the injury.

����� (2) This section does not prevent the owner of a dog that caused an injury from asserting that the dog was provoked, or from asserting any other defense that may be available to the owner.

����� (3) This section does not affect the requirements for an award of punitive damages provided in ORS 31.730 (1). [2007 c.402 �1; 2021 c.478 �6]

(Actions Based on Failure to Conduct Adequate Criminal Records Check)

����� 31.370 Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police. (1) In a claim for negligence based on the defendant�s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police.

����� (2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 �2]

ADVANCE PAYMENTS

����� 31.550 �Advance payment� defined. As used in ORS 12.155 and 31.550 to 31.565, �advance payment� means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly

ORS 312.120

312.120, to be provided not less than one year prior to the expiration of the period of redemption. [2025 c.475 �4]

����� 312.520 Retention, sale or transfer by county of foreclosed property; primary residences; public auction of unsold property; forgiveness of outstanding taxes upon retention or transfer to nonprofit; deposit of sales proceeds. (1)(a)(A) After the expiration of the statutory redemption period under ORS 312.120 or 312.122, the county may elect to retain the property for public purposes or transfer title to the property to a nonprofit organization for purposes of public benefit.

����� (B) The county shall procure an appraisal from a licensed appraiser that is unaffiliated with the county for property described in this paragraph.

����� (b) Property that the county does not retain or transfer under paragraph (a) of this subsection shall be sold in accordance with subsections (2) and (3) of this section.

����� (2)(a) This subsection applies to property that is located in a residential zone and that was the former owner�s primary residence as of the date on which the taxes for which the property was foreclosed were assessed.

����� (b) The county shall list such property for sale with a real estate broker or agent who does not hold an elected or appointed office and is not employed by any government entity.

����� (c) The county shall procure an appraisal from a licensed appraiser that is unaffiliated with the county for property described in this subsection if the real market value of the property as shown on the most recent tax statement exceeds $250,000.

����� (d) The list price shall be the highest price at which the property is reasonably expected to sell.

����� (3)(a) The county shall conduct a public, high-bid auction for sale of property if:

����� (A) After three attempts, the county is unable to enter into an agreement with a real estate broker or agent for the sale of the property in accordance with subsection (2)(b) of this section;

����� (B) The real estate broker or agent described in subsection (2)(b) of this section is unable to sell the property within 12 months after listing the property; or

����� (C) The property is not property described in subsection (1)(a)(A) or (2)(a) of this section.

����� (b) The property shall be sold to the highest bidder at auction, provided the bid exceeds the outstanding taxes and other allowable costs chargeable against the property as determined under ORS 312.530 (4).

����� (c) The auction shall include the following:

����� (A) Advertisements in a multiple listing service for at least 30 days prior to the date of the auction.

����� (B) If a private party is engaged to operate and advertise the auction, a limited fee to the private party in an amount equal to three percent of the surplus related to the property.

����� (C) A minimum starting bid of two-thirds of the property�s fair market value as determined under paragraph (d) of this subsection.

����� (d) For purposes of this section, the fair market value of the property shall be, as of the date on which the property was deeded to the county under ORS 312.200:

����� (A) The real market value of the property for ad valorem property tax purposes as shown on the most recent tax statement; or

����� (B) For property required to be appraised under subsection (1)(a)(B) or (2)(c) of this section, the appraised value if greater than the real market value.

����� (e) The auction may include an online bidding process in which bids are received electronically over the Internet in real time.

����� (4) For property that fails to sell at auction under subsection (3) of this section, the county shall conduct a public high-bid auction that meets the requirements of subsection (3)(c) of this section except that the minimum starting bid shall equal the outstanding taxes and other allowable costs chargeable against the property.

����� (5) For property that fails to sell at auction under subsection (4) of this section, the county may forgive the amount of outstanding taxes and other allowable costs chargeable to the property and retain the property for public purposes or transfer title to the property to a nonprofit organization for purposes of public benefit.

����� (6) An appraisal conducted for purposes of subsection (1)(a)(B) or (2)(c) of this section does not require a redetermination of the real market value, maximum assessed value or assessed value of the property for ad valorem property tax purposes.

����� (7) As provided in ORS 279A.025, the Public Contracting Code does not apply to any agreement that a county enters into with a real estate broker or agent, auctioneer, appraiser or any other person for the purpose of disposing of property in accordance with this section.

����� (8) Upon sale of real property foreclosed under this chapter, the county treasurer shall deposit the gross amount of the sales proceeds in a separate, interest-bearing account until the amount of the surplus has been determined. Interest earned on the proceeds in the account shall be included in the amount to be distributed. [2025 c.475 �6]

����� 312.530 Determination of surplus; value of foreclosed property; allowable costs to county. (1) As used in this section, �surplus� means an amount equal to the value of real property sold to a county on foreclosure under this chapter, and disposed of by the county in accordance with ORS 312.520, less the allowable costs the county may charge against the property under subsection (4) of this section.

����� (2) The amount of a surplus shall be determined within 60 days after the date on which the gross sales proceeds from the sale of the property are deposited in a separate, interest-bearing account under ORS 312.520 (8) or the value of the property has otherwise been determined under subsection (3) of this section.

����� (3) For purposes of determining a surplus, the value of the property shall be:

����� (a) For property retained by the county or transferred to a nonprofit organization under ORS

ORS 312.520

312.520 (3)(d).

����� (b) The stated consideration on a deed from the county to a bona fide purchaser, as defined in ORS 275.088:

����� (A) For property sold by listing with a real estate broker or agent under ORS 312.520 (2)(b); or

����� (B) For property sold at auction under ORS 312.520 (3) or (4).

����� (c) For property that fails to sell at auction under ORS 312.520 (3) or (4), the amount forgiven under ORS 312.520 (5).

����� (4) In determining a surplus, the allowable costs that the county may charge against the property include:

����� (a) The amount of the judgment under ORS 312.090 and accruing post-judgment interest;

����� (b) The amount of taxes and interest on the taxes that would have been due following the judgment during the redemption period and through the earlier of:

����� (A) The date on which the county sold or conveyed the property to a third party; or

����� (B) The date on which the claim is made;

����� (c) Additional costs that the county may claim under ORS 275.275 (1)(a) to (c);

����� (d) Costs to reimburse the claim of a municipal corporation that has filed a claim notice under ORS 275.130;

����� (e) Penalties allowed under ORS 312.990, or the actual costs paid by the county to mitigate or abate a nuisance, including as described in ORS 105.555, that was caused or permitted by the negligence or neglect of the former owner; and

����� (f) In lieu of the penalty and fee under ORS 312.120, the reasonable fees related to the foreclosure and the efforts to dispose of the property, including the costs of legal fees, delivering notices, county staff time, court filing fees, appraisals, professional real estate commission and auction fees.

����� (5) The county shall provide a claimant with an itemized accounting of all allowable costs deducted when determining the surplus. [2025 c.475 �8]

����� 312.540 Claim of surplus; claims by heirs of former owner; claims based on valid lien or debt; former owner�s debts not extinguished. (1) A claimant is entitled to a return of a surplus, if any, in the amount determined under ORS 312.530, as of the date on which the county disposes of the claimant�s property as described in ORS 312.530 (3).

����� (2) A claim for a surplus must be made with the State Treasurer in the manner provided by ORS

ORS 316.025

316.025, 316.030, 317.015 and 317.020)]

����� 314.085 Taxable year; rules. (1) The taxable year of a partnership, REMIC (real estate mortgage investment conduit) or taxpayer shall be the same as its taxable year for federal income tax purposes.

����� (2) If the taxable year of a partnership, REMIC or taxpayer is changed for federal income tax purposes, that change in taxable year shall also apply for purposes of state taxation. If a change in taxable year results in a taxable period of less than 12 months, the personal deductions and the personal exemption credits allowed by ORS chapter 316 shall be prorated under rules adopted by the Department of Revenue.

����� (3) Notwithstanding subsections (1) and (2) of this section, if the department terminates the taxable year of a taxpayer under ORS 314.440, the tax shall be computed for the period determined by such action. [1987 c.293 �55; 1997 c.839 �52; 2019 c.320 �4]

����� 314.088 [2005 c.519 �2; repealed by 2011 c.83 �9]

����� 314.091 Abeyance of tax during periods of active duty military service. (1) This section applies to a taxpayer who is a member of the Armed Forces of the United States who is on active duty for 90 consecutive days or more or who is a member of the Oregon National Guard, the military reserve forces or the organized militia of any other state or territory of the United States who performs service in a status under Title 10 of the United States Code for a period of 90 consecutive days or more.

����� (2) If a taxpayer described in subsection (1) of this section has an unpaid tax liability for a tax due under ORS chapter 316 that arose during a period in which service is performed as described in subsection (1) of this section, the unpaid tax liability, and all interest and penalties associated with the unpaid tax liability, shall be held in abeyance until a date that is six months after the date that the taxpayer�s active duty or status under Title 10 of the United States Code ceases. [2005 c.519 �6]

ADJUSTMENT OF RETURNS

����� 314.105 Definitions for ORS 314.105 to 314.135. For purposes of ORS 314.105 to 314.135:

����� (1) �Determination� means:

����� (a) A decision by the Oregon Tax Court that has become final;

����� (b) A closing agreement made under ORS 305.150;

����� (c) A final disposition by the Department of Revenue of a claim for refund. For purposes of this paragraph, a claim for refund shall be deemed finally disposed of by the department as to items with respect to which the claim was allowed, on the date of allowance of refund or credit or on the date of mailing notice of disallowance (by reason of offsetting items) of the claim for refund, and as to items with respect to which the claim was disallowed, in whole or in part, or as to items applied by the department in reduction of the refund or credit, on expiration of the time for instituting suit with respect thereto (unless suit is instituted before the expiration of such time); or

����� (d) Under regulations prescribed by the department, an agreement for purposes of ORS

ORS 316.520

316.520); 1987 c.293 �58]

����� 314.360 Information returns; penalties. (1) Fiduciaries required to make returns under laws imposing tax upon or measured by net income, proprietorships, partnerships, corporations, joint stock companies or associations or insurance companies, having places of business in this state, in whatever capacity acting, including lessees or mortgagors of real or personal property, fiduciaries, employers, purchasers of stumpage and all officers and employees of the state or of any political subdivisions of the state, having the control, custody, disposal or payment of interest (other than interest coupons payable to bearer), rent, dividends, salaries, fees, wages, the purchase price of stumpage, emoluments or other fixed or determinable annual or periodical gains, profits and income, paid or payable, during any year to any taxpayer, shall make return thereof, under oath, to the Department of Revenue, under such regulations and in such form and manner and to such extent as it may prescribe.

����� (2)(a) Every person doing business as a broker shall, when required by the department, render a correct return duly verified under oath, under such rules and regulations as the department may prescribe, showing the names of customers for whom such person has transacted any business, with such details as to the profits, losses, or other information which the department may require, as to each of such customers, as will enable the department to determine whether all income tax due on profits or gains of such customers has been paid.

����� (b) Every person who is required to file a return with respect to a real estate transaction under section 6045(e) of the Internal Revenue Code shall file a copy of that return with the department.

����� (3) The department may prescribe circumstances under which the filing requirements under this section are waived.

����� (4) In addition to any other penalty provided by law:

����� (a) A person who fails to file a return required under this section, or who files an incomplete or incorrect return, shall be subject to a penalty of $50 per information return after the date on which the return is due, up to a maximum penalty of $2,500.

����� (b) A person who knowingly fails to file a return required under this section, or who knowingly files an incomplete, false or misleading return, shall be subject to a penalty of $250 per information return after the date on which the return is due, up to a maximum penalty of $25,000. [1957 c.632 �7 (enacted in lieu of 316.535); 1959 c.305 �1; 1987 c.293 �59; 1987 c.366 �3; 1997 c.839 �54; 2013 c.734 �1]

����� 314.362 Filing return on magnetic media or other machine-readable form; rules. (1) The information return and the employer�s annual return, described in ORS 314.360 and 316.202 (3) shall be filed on magnetic media or other machine-readable form if the corresponding federal return is required to be filed on magnetic media or other machine-readable form by section 6011 (e) of the Internal Revenue Code and the regulations, revenue rulings and revenue procedures adopted pursuant to that section.

����� (2) The Department of Revenue may, by administrative rule, adopt the regulations, revenue rulings or revenue procedures which are adopted pursuant to section 6011 (e) of the Internal Revenue Code whenever such regulations, revenue rulings or revenue procedures may be adopted.

����� (3) The department may require that the magnetic media or other machine-readable forms filed with it meet specifications prescribed by the department. The department may allow an alternative method of filing if the person filing the return is unable to meet the specifications prescribed by the department. [1987 c.366 �2; 1991 c.457 �17; 1993 c.726 �12; 1995 c.556 �25; 1997 c.839 �55]

����� 314.363 [1975 c.760 �2; repealed by 1984 c.1 �18]

����� 314.364 Authority of department to require filing of returns by electronic means; rules. (1) As used in this section:

����� (a) �Electronic means� includes computer-generated electronic or magnetic media, Internet-based applications or similar computer-based methods or applications.

����� (b) �Paid tax preparer� means a person who prepares a tax return for another or advises or assists in the preparation of a tax return for another, or who employs or authorizes another to do the same, for valuable consideration.

����� (c) �Tax return� means a return filed under ORS chapter 314, 316, 317 or 318.

����� (2) The Department of Revenue may by rule require a paid tax preparer to file tax returns by electronic means if the paid tax preparer is required to file federal tax returns by electronic means.

����� (3) The department may by rule require a corporation to file tax returns by electronic means if the corporation is required to file federal tax returns by electronic means.

����� (4) The department may by rule establish exceptions to the electronic filing requirements of this section. [2011 c.24 �2]

����� 314.365 [1957 c.632 �8 (enacted in lieu of

ORS 316.560

316.560 and 317.375); 1991 c.457 �16b]

����� 314.296 [2009 c.402 �2; 2013 c.467 �1; repealed by 2013 c.467 �3]

����� 314.297 Election for alternative determination of farm income; computation of income; rules. (1) As used in this section:

����� (a) �Farm income�:

����� (A) Means taxable income attributable to a farming business; and

����� (B) Includes gain from the sale or other disposition of property (other than land) regularly used by the taxpayer in the farming business for a substantial period of time.

����� (b) �Farming business� has the meaning given that term in section 263A(e)(4) of the Internal Revenue Code.

����� (c) �Taxable income� has the meaning given that term in ORS 316.022.

����� (d) �Taxpayer� means a person subject to tax under ORS chapter 316, but does not include an estate or trust.

����� (2) A taxpayer may elect to have personal income taxes for the tax year determined under this section in lieu of ORS chapter 316 if the individual is engaged in a farming business for the tax year and has farm income for the tax year.

����� (3) The taxpayer shall make the election in the manner provided by the Department of Revenue. In making the election, the taxpayer shall determine the amount of farm income that is to be considered elected farm income. The election shall apply only to the tax year for which the election is made.

����� (4) Upon making the election, the tax imposed under this section shall equal:

����� (a) The tax computed under ORS chapter 316 on the taxable income of the taxpayer reduced by the income that is elected farm income under subsection (3) of this section; plus

����� (b) The cumulative increase in the tax computed under ORS chapter 316 that would result if the taxable income of the taxpayer for each of the three prior tax years were increased by an amount equal to one-third of the income that is elected farm income under subsection (3) of this section.

����� (5) Any tax credit that would be allowable against the tax computed under ORS chapter 316 may be allowed against the tax computed under this section.

����� (6) The department shall:

����� (a) Prescribe the manner in which an election under this section is made; and

����� (b) Adopt rules on:

����� (A) The order and manner in which items of income, gain, deduction, loss or limitation on tax shall be taken into account in computing the tax under this section; and

����� (B) The treatment of a short tax year for purposes of this section. [2001 c.252 �2]

����� 314.300 Passive activity loss; determination; treatment; rules. For purposes of applying section 469 of the Internal Revenue Code to the laws of this state imposing taxes upon or measured by income:

����� (1) Passive activity loss shall be determined with respect to the activities of the taxpayer under section 469 of the Internal Revenue Code and related federal law and then shall be adjusted by the additions, subtractions, modifications and other adjustments as allocated to passive activity loss under subsection (2) of this section.

����� (2) Those additions, subtractions, modifications and other adjustments required to be made to federal taxable income under this chapter or ORS chapters 316, 317 and 318, or other law governing the imposition of state taxes imposed upon or measured by income, shall be allocated to passive activity loss as provided by rule of the Department of Revenue.

����� (3) Passive activity loss, as determined under subsections (1) and (2) of this section, shall not be allowed for the taxable year of the taxpayer. Passive activity loss shall be treated as a deduction allocable to passive activity in the next succeeding year, and except as otherwise adjusted under subsection (1) of this section, shall be treated in the same manner as passive activity loss is treated under section 469 of the Internal Revenue Code, and related sections.

����� (4) For state personal income tax purposes, in the case of a nonresident, passive activity loss attributable to Oregon sources shall be treated in the same manner as described under subsections (1) to (3) of this section. [1987 c.293 �64; 1995 c.556 �23]

����� 314.302 Interest on deferred tax liabilities with respect to installment obligations; rules. (1) Subject to subsections (2) to (4) of this section, if interest on deferred tax liability with respect to an installment obligation is required to be paid for federal income tax purposes under section 453A of the Internal Revenue Code, then interest on that same deferred tax liability shall be paid in the same manner (including the pledging rules under section 453A(d) of the Internal Revenue Code) for state tax purposes and shall, in the amount added, increase the tax imposed under ORS chapter 316, 317 or 318, whichever is appropriate.

����� (2) Interest added to tax pursuant to subsection (1) of this section shall be determined in the same manner as interest is determined under section 453A(c) of the Internal Revenue Code except that in determining the interest to be added using section 453A(c) of the Internal Revenue Code:

����� (a) The interest rate in effect under ORS 305.220 for deficiencies for the month with or within which the taxable year of the taxpayer ends shall be substituted for the underpayment rate referred to in section 453A(c)(2)(B); and

����� (b) The maximum rate of tax in effect under ORS chapter 316, 317 or 318, whichever is appropriate, shall be substituted for the federal rates of tax referred to in section 453A(c)(3)(B).

����� (3) The Department of Revenue shall adopt rules consistent with those adopted under section 453A of the Internal Revenue Code and with laws of this state as may be necessary to carry out the provisions of this section, including rules providing for the application of this subsection in the case of contingent payments, short taxable years, pass-through entities and derivation, attribution or apportionment of installment obligations or income from installment obligations.

����� (4) In the case of a nonresident subject to taxation under ORS chapter 316, in determining whether or not interest is to be added to tax under this section, and the amount of interest to be added, only those installment obligations that arise from dispositions of property in this state shall be taken into consideration.

����� (5) For purposes of determining interest under ORS 314.395 or penalties under ORS 314.400 or other law, and for purposes of refund, estimated and other prepayments of tax, credits and all other purposes, the interest added under this section shall be considered as any other increase in the tax imposed under ORS chapter 316, 317 or 318, whichever is appropriate.

����� (6) The interest added to tax imposed under this section shall be assessed and collected under the applicable provisions of this chapter and ORS chapters 305, 316, 317 and 318 and shall be paid over to the State Treasurer and held in the General Fund as miscellaneous receipts available generally to meet any expense or obligation of the State of Oregon lawfully incurred. [1989 c.625 �57]

����� 314.304 [1995 c.556 �42; 1999 c.21 �33; repealed by 1999 c.21 �34]

����� 314.306 Income from discharge of indebtedness; bankruptcy; insolvency. (1) If a taxpayer excludes an amount from federal gross income by reason of the discharge of indebtedness of the taxpayer under section 108(a)(1)(A) of the Internal Revenue Code (relating to discharge of indebtedness in a bankruptcy declared under U.S.C. Title 11), then, with respect to that portion of the excluded amount that is apportioned to Oregon, the taxpayer shall apply the rules in 11 U.S.C. 346(j), as amended and in effect on December 31, 2023.

����� (2) If a taxpayer excludes an amount from federal gross income by reason of the discharge of indebtedness of the taxpayer under section 108(a)(1)(B) or (C) of the Internal Revenue Code (relating to discharge of indebtedness in insolvency or discharge of qualified farm indebtedness), then, with respect to that portion of the excluded amount that is apportioned to Oregon, the following paragraphs shall apply, in the following order:

����� (a) If the taxpayer has made the election under section 108(b)(5) of the Internal Revenue Code to first reduce the basis of the depreciable property of the taxpayer, the election shall also be effective for Oregon tax purposes. A corresponding reduction in the basis of the depreciable property of the taxpayer shall be made for Oregon tax purposes.

����� (b) The amount, if any, by which the following attributes are reduced under section 108(b)(1) of the Internal Revenue Code for federal tax purposes shall be added back for Oregon tax purposes:

����� (A) Federal net operating loss.

����� (B) Capital loss carryover.

����� (C) Basis of the property of the taxpayer, excluding amounts subject to the election under section 108(b)(5) of the Internal Revenue Code.

����� (D) Passive activity loss carryover.

����� (c) Excluding amounts subject to the election in section 108(b)(5) of the Internal Revenue Code:

����� (A) Any Oregon net operating loss of an individual or corporate taxpayer, including a net operating loss carryover to the taxpayer, shall be reduced by the amount of discharged indebtedness.

����� (B) Any net capital loss for the taxable year of the discharge, and any capital loss carryover to the taxable year, shall be reduced by the amount of discharged indebtedness minus the total amount taken into account under subparagraph (A) of this paragraph.

����� (C) The basis of the property of the taxpayer shall be reduced by the amount of discharged indebtedness minus the total amount taken into account under subparagraphs (A) and (B) of this paragraph.

����� (D) The passive activity loss carryover under section 469(b) of the Internal Revenue Code from the taxable year of the discharge shall be reduced by the amount of discharged indebtedness minus the total amount taken into account under subparagraphs (A), (B) and (C) of this paragraph. [1995 c.556 �19; 2017 c.304 �1; 2018 c.101 �18; 2019 c.319 �18; 2021 c.456 �19; 2022 c.83 �19; 2023 c.171 �19; 2024 c.75 �19]

����� 314.307 Definitions; reportable transactions. As used in this section and ORS 314.308, 314.403 and 314.404:

����� (1) �Listed transaction� means any of the following transactions:

����� (a) A listed transaction under section 6707A of the Internal Revenue Code.

����� (b) A transaction without economic substance in which an Oregon taxable corporation:

����� (A) Transfers income-producing assets to a real estate investment trust owned directly or indirectly by the corporation; and

����� (B) With respect to dividends paid from the real estate investment trust, claims a dividend-received deduction and the real estate investment trust claims a dividend-paid deduction.

����� (c) A transaction without economic substance in which an Oregon taxable corporation:

����� (A) Transfers income-producing assets to a regulated investment company owned directly or indirectly by the corporation; and

����� (B) With respect to dividends paid from the regulated investment company, claims a dividend-received deduction and the regulated investment company claims a dividend-paid deduction.

����� (2) �Oregon taxable corporation� means a corporation:

����� (a) That does business in Oregon, is organized in Oregon or has income from Oregon sources; or

����� (b) That is owned by an Oregon income or corporate excise taxpayer.

����� (3) �Reportable transaction� means a transaction:

����� (a) That is a reportable transaction under section 6707A of the Internal Revenue Code; or

����� (b) That is a listed transaction.

����� (4) �Transaction without economic substance� means a transaction for which the taxpayer cannot demonstrate a business purpose other than tax savings. [2007 c.568 �2; 2013 c.176 �6]

����� 314.308 Reportable transactions; rules. (1) If required by rules adopted by the Department of Revenue:

����� (a) Any person who engages in a reportable transaction as a buyer or transferor shall report the transaction to the department.

����� (b) Any person who, as the result of a reportable transaction, acquires an interest in property, a present or future right to income, a present or future right to claim a loss, deduction, credit, exemption or other tax benefit or a present or future right to an adjustment to basis shall report the transaction to the department.

����� (c) Any person who is associated with a reportable transaction in an association that the department has by rule identified as an association that requires reporting shall report the transaction to the department.

����� (2) A reportable transaction shall be reported to the department in the time, form and manner prescribed by the department by rule. Rules adopted by the department under this section may not apply to a reportable transaction occurring in a tax year beginning before January 1, 2007. [2007 c.568 �3]

LIABILITY OF TRANSFEREE OR OWNER OF TRUST

����� 314.310 Liability of transferee of taxpayer for taxes imposed on taxpayer. (1) When a taxpayer ceases to exist or is no longer subject to the jurisdiction of this state (although subject to the courts of a state having comity or reciprocity with the State of Oregon), being indebted for taxes upon or measured by net income, the transferee of the money or property of the taxpayer shall be liable for any such tax or deficiency in tax, including penalties and interest, imposed by law on the taxpayer and accruing or accrued upon the date of transfer, to the extent of the amount of money or value of the property received by the transferee. Property received by the transferee shall be valued at the fair market value of said property at the time of transfer to the initial transferee by the taxpayer.

����� (2) The amount for which a transferee of the property of a taxpayer is liable in respect of any such tax or deficiency in tax, including penalties and interest, whether shown on the return of the taxpayer or determined as a deficiency in the tax, shall be assessed against such transferee and collected and paid in the same manner and subject to the same provisions and limitations as would apply to the taxpayer had the taxpayer or it continued subject to the jurisdiction of this state, except as provided in this section.

����� (3) As used in this section, the term �transferee� means one not a bona fide purchaser for value and includes an heir, legatee, devisee, distributee of an estate of a deceased person, the shareholder of a dissolved corporation, the assignee or donee of an insolvent person, the successor of a corporation which is a party to a corporate reorganization, and persons acting on behalf of such transferees in a fiduciary capacity.

����� (4) The period of limitation for assessment of any such liability of a transferee shall be as follows:

����� (a) In the case of the liability of an initial transferee of the property of the taxpayer, within one year after the expiration of the period of limitation for assessment against the taxpayer.

����� (b) In the case of the liability of a transferee of a transferee of the property of the taxpayer, within one year after the expiration of the period of limitation for assessment against the preceding transferee, but not more than three years after the expiration of the period of limitation for assessment against the taxpayer.

����� (c) If, before the expiration of the period of limitation for the assessment of the liability of the transferee, as set forth in paragraph (a) or (b) of this subsection, a court proceeding for the collection of the tax or liability in respect thereof has been filed against the taxpayer or last preceding transferee, then the period of limitation for assessment of the liability of the transferee shall expire one year after final judgment has been rendered in the court proceedings.

����� (d) If, before the expiration of the time prescribed in paragraph (a), (b) or (c) of this subsection for the assessment of the liability, both the Department of Revenue and the transferee have consented in writing to its assessment after such time, the liability may be assessed at any time prior to the expiration of the period of extension agreed upon. The period so agreed upon may be further extended by subsequent agreements in writing made before the expiration of the period of extension previously agreed upon.

����� (5) For the purposes of this section, if the taxpayer is deceased, or in the case of a corporation, has terminated its existence, the period of limitation for assessment against the taxpayer shall be the period which would be in effect had death or termination of existence not occurred.

����� (6) In the absence of notice to the Department of Revenue of the existence of a fiduciary relationship, notice of liability enforceable under this section in respect of a tax or deficiency in tax, including penalties and interest thereon, imposed upon or measured by net income, if mailed to the last-known address of the person subject to the liability, shall be sufficient for the purposes of this section even if such person is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence. [1955 c.367 �2; 1969 c.493 �86; 1995 c.453 �4; 1997 c.325 �35]

����� 314.330 Lien if grantor or other person determined to be owner of trust. (1) If a final determination treats the grantor of a trust or any other person as the owner of any portion of a trust pursuant to sections 671 to 679 of the federal Internal Revenue Code or any other law, the lien of the State of Oregon imposed by ORS 314.417 shall attach to all property and rights to property, whether real or personal, of that portion of the trust. The lien may be foreclosed pursuant to ORS 314.419 or collected by warrant pursuant to ORS 314.430.

����� (2) For the purposes of subsection (1) of this section, �final determination� means:

����� (a) An assessment which has become final due to failure to exercise or exhaust rights of appeal to the Oregon Tax Court.

����� (b) A decision of the Oregon Tax Court which has become final.

����� (c) A decision of the Oregon Supreme Court. [1985 c.149 ��2,3; 1995 c.556 �24; 1995 c.650 �31]

RETURNS

����� 314.355 Returns when tax year changed. If a taxpayer changes the tax year on the basis of which net income is computed, the taxpayer shall, at the time and in the manner the Department of Revenue prescribes, make a separate return of net income received during the period intervening between the end of the former income year of the taxpayer and the beginning of the new income year. [1957 c.632 �6 (enacted in lieu of

ORS 316.808

316.808.

����� (8) �Resident of this state� has the meaning given that term in ORS 316.027.

����� (9) �Settlement statement� means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. 2601 et seq., and regulations thereunder.

����� (10) �Single family residence� means a residence intended for occupation by a single family unit that is owned and occupied as the principal residence of the account holder or a qualified beneficiary. �Single family residence� includes a manufactured home, residential trailer, mobile home or condominium unit.

����� (11) �Taxable income� has the meaning given that term in ORS 316.022. [2018 c.109 �2; 2024 c.53 �4]

����� 316.797 First-time home buyer savings account; restrictions. (1) An individual may create a first-time home buyer savings account with a financial institution to be used to pay or reimburse eligible costs related to the purchase of a single family residence by an account holder or qualified beneficiary.

����� (2) An individual may jointly own a first-time home buyer savings account with another person if the joint account holders file a joint income tax return.

����� (3) During any calendar year, an individual may be either:

����� (a) The account holder of not more than one first-time home buyer savings account; or

����� (b) The qualified beneficiary of not more than one first-time home buyer savings account.

����� (4) Only cash may be contributed to a first-time home buyer savings account. Subject to the limitations of ORS 316.798 (4), persons other than the account holder may contribute funds to a first-time home buyer savings account. There is no limitation on the amount of contributions that may be made to or retained in a first-time home buyer savings account.

����� (5) The account holder may not use funds held in a first-time home buyer savings account to pay expenses of administering the account, except that the financial institution that administers the account may deduct a service fee from the account.

����� (6) An account holder may withdraw all or part of the funds from a first-time home buyer savings account and deposit the funds in a new first-time home buyer savings account held by a different financial institution or the same financial institution. [2018 c.109 �3; 2024 c.53 �5]

����� 316.798 Subtraction for contributions; exemption for earnings; limitations. (1) Subject to ORS 316.800, and in addition to the other modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income the amount of funds contributed by an account holder to the account holder�s first-time home buyer savings account during the tax year, not to exceed $5,000 for an account holder who files an individual income tax return or $10,000 for joint account holders who file a joint income tax return.

����� (2) Earnings, including interest and other income, on the principal in the account during the tax year are exempt from taxation until withdrawn by the taxpayer, subject to subsection (3) of this section.

����� (3) An account holder may claim the subtraction and exemption under subsections (1) and (2) of this section:

����� (a) For contributions made into a first-time home buyer savings account opened before January 1, 2032;

����� (b) For a period not to exceed 10 years from the date the account holder first opens any first-time home buyer savings account; and

����� (c) For an aggregate total amount of principal and earnings not to exceed $50,000 during the 10-year period.

����� (4) A person other than the account holder who deposits funds in a first-time home buyer savings account is not entitled to the subtraction and exemption provided for in this section. [2018 c.109 �4; 2025 c.562 �23]

����� 316.799 [Formerly 316.053; repealed by 1987 c.293 �70]

����� 316.800 Limits phased out based on income applicable to subtraction or exemption. (1) The limits applicable to a subtraction from federal taxable income and an exemption allowed under ORS

ORS 316.811

316.811 in 2025]

����� 316.807 Taxpayer to maintain records. (1) For each tax year in which a taxpayer claims a subtraction or exemption under ORS 316.798, the taxpayer shall maintain the records described in subsection (2) of this section, and any other records as required by the Department of Revenue under ORS 316.796 to 316.808.

����� (2) A taxpayer shall maintain, and shall furnish to the department upon the request of the department, the following:

����� (a) Account statements that show the contributions made during the tax year and the taxable interest or earnings on the account in the tax year for which the subtraction or exemption is claimed;

����� (b) The information return issued by the financial institution for the account for the tax year for which the subtraction or exemption is claimed; and

����� (c) Upon a withdrawal of funds from a first-time home buyer savings account, a copy of the real estate settlement statement demonstrating that the withdrawal was used for eligible costs. [2024 c.53 �2]

����� 316.808 Rules; financial institutions not subject to obligations related to first-time home buyer savings accounts; informational materials. (1) The Department of Revenue may adopt rules to administer ORS 316.796 to 316.808. Rules adopted under this section may not impose administrative, reporting or other obligations or requirements on financial institutions related to first-time home buyer savings accounts.

����� (2) The department may prepare and distribute informational materials regarding the first-time home buyer savings account to financial institutions and potential home buyers to publicize the availability of first-time home buyer savings accounts. [2024 c.53 �3]

����� 316.810 [1953 c.304 �101; repealed by 1969 c.493 �99]

(Additional Modifications of Taxable Income)

����� 316.811 Definitions for ORS 316.811 to 316.818. As used in ORS 316.811 to 316.818:

����� (1) �Construction job site� means the specific location of a construction project.

����� (2) �Construction project� means the construction, alteration, repair, improvement, moving or demolition of a structure and appurtenances thereto.

����� (3) �Construction worker� means a person who is a member of a recognized construction trade, craft, union or industrial occupation and who is lawfully engaged in the performance of labor, pursuant to contract or subcontract, at a construction project.

����� (4) �Traveling expenses� means daily transportation expenses that:

����� (a) Are not otherwise deductible under the federal Internal Revenue Code.

����� (b) Are incurred by a construction worker in job-related travel between a construction job site located more than 50 miles from the principal residence of the construction worker.

����� (5) �Traveling expenses� includes gas, oil and automobile repairs and maintenance, but does not include meals unless the construction worker is required by the employer to stay overnight at the construction job site. [Formerly 316.806]

����� 316.812 Certain traveling expenses. In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income traveling expenses, as defined in ORS 316.811, incurred by a construction worker during the first year of continuous employment on the same construction job site. However, if employment on the same construction job site is temporarily interrupted for any reason whatsoever, the period of interruption shall not be taken into account in determining the one-year period. [Formerly 316.058]

����� 316.815 [1953 c.304 �102; 1955 c.582 �1; repealed by 1969 c.493 �99]

����� 316.818 Proof of expenses. The modification to federal taxable income by ORS 316.812 shall be substantiated by any proof required by the Department of Revenue by rule. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.059; 1995 c.54 �13]

����� 316.820 [1953 c.304 �103; 1963 c.627 �19 (referred and rejected); repealed by 1969 c.493 �99]

����� 316.821 Federal election to deduct sales taxes; addition for state purposes. (1) A taxpayer that elects to deduct state and local sales taxes under section 164(b)(5) of the Internal Revenue Code for federal tax purposes must make the same election for purposes of the tax imposed by this chapter.

����� (2) A taxpayer that elects to deduct state and local sales taxes under section 164(b)(5) of the Internal Revenue Code for federal tax purposes shall add the amount deducted to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �30]

����� 316.824 Definitions for ORS 316.824 and 316.832. As used in ORS 316.824 and 316.832:

����� (1) �Forest products� means any merchantable form including but not limited to logs, poles and piling, into which a fallen tree may be cut before it undergoes manufacturing.

����� (2) �Logger� means a person commonly known as a faller or bucker who furnishes and maintains personal equipment in the commercial harvesting of forest products and who is paid on a per-unit cut basis.

����� (3) �Logging operation site� means the specific location of the commercial harvesting of forest products.

����� (4) �Traveling expenses� means daily transportation expenses that:

����� (a) Are not otherwise deductible under the federal Internal Revenue Code.

����� (b) Are incurred by a logger in job-related travel between a logging operation site located more than 50 miles from the principal residence of the logger.

����� (5) �Traveling expenses� includes gas, oil and automobile repairs and maintenance but does not include meals or lodging. [Formerly 316.061]

����� 316.825 [1953 c.304 �104; repealed by 1969 c.493 �99]

����� 316.827 [1957 s.s. c.15 �7; last sentence derived from 1957 s.s. c.15 �8; 1963 c.627 �20 (referred and rejected); repealed by 1969 c.493 �99]

����� 316.830 [1953 c.304 �105; repealed by 1969 c.493 �99]

����� 316.832 Travel expenses for loggers. (1) In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income traveling expenses incurred by a logger in job-related travel.

����� (2) The modification to federal taxable income by subsection (1) of this section shall be substantiated by any proof required by the Department of Revenue by rule. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.063; 1995 c.54 �14; 2011 c.83 �20]

����� 316.834 [1991 c.863 �33; repealed by 2009 c.33 �23]

����� 316.835 [1953 c.304 �106; repealed by 1969 c.493 �99]

����� 316.836 Qualified production activities income. A taxpayer that is allowed a deduction for qualified production activities income under section 199 of the Internal Revenue Code for federal tax purposes shall add the amount deducted to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �41]

����� 316.837 Addition for federal prescription drug plan subsidies excluded for federal tax purposes. A taxpayer that is allowed an exclusion from gross income under section 139A of the Internal Revenue Code for federal tax purposes shall add the amount excluded to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 �42]

����� 316.838 Art object donation. (1) As used in this section, �art object� means a painting, sculpture, photograph, graphic or craft art, industrial design, costume or fashion design, tape or sound recording or film.

����� (2) A subtraction from federal taxable income is allowed for a charitable contribution of an art object, if the art object has not been previously sold or otherwise transferred by its creator and the creator makes a charitable contribution of the art object that qualifies for the deduction allowed by section 170 of the Internal Revenue Code for the tax year.

����� (3) The subtraction under this section shall equal any positive amount obtained by subtracting the amount otherwise deductible on the Oregon tax return of the taxpayer-creator for the tax year as charitable contributions from the amount that would have been deductible by the taxpayer-creator if the deduction for charitable contributions had been computed without reduction in amount under section 170 (e) of the Internal Revenue Code for the art object charitably contributed by its creator.

����� (4) The taxpayer-creator is not allowed a subtraction under this section unless the taxpayer-creator obtains an appraisal report showing the fair market value of the art object at the time the contribution was made. [Formerly 316.064; 1989 c.938 �1; 2021 c.36 �1]

����� 316.840 [1953 c.304 �107; 1961 c.506 �3; repealed by 1969 c.493 �99]

����� 316.844 Special computation of gain or loss where farm use value used. (1) Notwithstanding any other provision of this chapter, when gain or loss that is included in federal taxable income is derived from the disposition of property and the gain, loss or basis computed with respect to that disposition involves, in whole or in part, property that was valued at the property�s value for farm use or as forestland under ORS 118.155 (1995 Edition), then there shall be added to federal taxable income the difference between the taxable gain or loss that would otherwise be determined under this chapter and the gain or loss that would be taxable had the basis for federal tax purposes been computed using the forest or farm use value provided for under ORS 118.155 (1995 Edition) instead of the basis computed pursuant to section 1014 of the Internal Revenue Code.

����� (2) This section applies to gains and losses from dispositions of property acquired from a decedent, or from property the basis of which is computed in whole or in part with respect to property acquired from a decedent, whose death occurred before January 1, 1987. [Formerly 316.081; 1987 c.646 �13; 1997 c.99 �19]

����� 316.845 Exception to ORS 316.844. ORS 316.844 shall not apply in any case in which a carryover basis for certain property acquired from a decedent dying after December 31, 1976, is provided by section 1014 of the Internal Revenue Code. [Formerly 316.083]

����� 316.846 Scholarship awards used for housing expenses. (1) There shall be subtracted from federal taxable income amounts received from a scholarship awarded to the taxpayer or a dependent of the taxpayer that are used for housing expenses of the scholarship recipient at the time the scholarship recipient is attending an accredited community college, college, university or other institution of higher education.

����� (2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section:

����� (a) Are not included in the taxpayer�s federal gross income for the tax year; or

����� (b) Are taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [1999 c.747 �2]

����� 316.847 National service educational award. (1) There shall be subtracted from federal taxable income amounts received as a national service educational award under 42 U.S.C. 12602, following completion of the required term of service in 42 U.S.C. 12593(b).

����� (2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section:

����� (a) Are not included in the taxpayer�s federal gross income for the tax year; or

����� (b) Are taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [2021 c.525 �36]

����� Note: Section 37, chapter 525, Oregon Laws 2021, provides:

����� Sec. 37. Section 36 of this 2021 Act [316.847] applies to amounts received in tax years beginning on or after January 1, 2021, and before January 1, 2027. [2021 c.525 �37]

����� 316.848 Individual development accounts. (1) In addition to the other modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income the amount of taxpayer deposits to an individual development account established by the taxpayer under ORS 458.685.

����� (2) Matching deposits made by a fiduciary organization to an individual development account, and interest accruing on account holder deposits and matching deposits, are exempt from taxation until withdrawn by the taxpayer.

����� (3) Moneys withdrawn by the taxpayer from an individual development account for an approved purpose, as described under ORS 458.685, are exempt from taxation under this chapter. A withdrawal by a taxpayer for a purpose other than an approved purpose is taxable under this chapter. [1999 c.1000 �10]

����� 316.849 [Formerly 316.145; repealed by 1993 c.475 �3]

����� 316.850 Personal casualty loss. (1) There shall be subtracted from federal taxable income any amount of personal casualty loss that is incurred in Oregon and that would be deductible under section 165(c) and (h) of the Internal Revenue Code, but for the operation of section 165(h)(5) of the Internal Revenue Code.

����� (2) A subtraction under this section is allowed only for a personal casualty loss that:

����� (a) Results from an event that is the subject of a state of emergency declared by the Governor; or

����� (b) Occurs in an area subject to a Governor�s executive order invocating the Emergency Conflagration Act under ORS 476.510 to 476.610.

����� (3) A subtraction may not be allowed under this section if the amount described in subsection (1) of this section:

����� (a) Is a loss from theft; or

����� (b) Is taken into account as a deduction on the taxpayer�s federal income tax return for the tax year. [2023 c.324 �2]

����� Note: Section 3, chapter 324, Oregon Laws 2023, provides:

����� Sec. 3. Section 2 of this 2023 Act [316.850] applies to tax years beginning on or after January 1, 2020, and before January 1, 2026. [2023 c.324 �3]

����� 316.852 [1999 c.358 �2; 2011 c.301 �3; repealed by 2025 c.36 �4]

����� 316.853 Addition for amount deducted as deemed repatriation. In addition to the other modifications to federal taxable income contained in this chapter, to derive Oregon taxable income there shall be added to federal taxable income any amount deducted, for the tax year, for federal income tax purposes under section 965(c)(1) of the Internal Revenue Code. [2019 c.556 �2]

����� 316.854 [Formerly 316.150; 1985 c.802 �16a; repealed by 1987 c.293 �70]

����� 316.855 [1953 c.304 �108; 1963 c.305 �1; repealed by 1969 c.493 �99]

����� 316.856 Severance pay; rules. (1) As used in this section:

����� (a) �Invest� means to exchange cash for equity, debt, convertible debt or management responsibilities, accompanied by terms that substantiate ownership or control of an interest in a business. �Invest� does not mean to make a loan to a business.

����� (b) �Material participation� has the meaning given that term in section 469 of the Internal Revenue Code.

����� (c) �Severance pay� means funds paid to an employee upon termination of employment, other than back wages, vacation pay or sick pay.

����� (d) �Small business� has the meaning given that term in ORS 183.310.

����� (2) There shall be subtracted from federal taxable income an amount equal to severance pay that a taxpayer receives during the tax year and invests in a new or existing small business in this state if:

����� (a) The investment occurs on or before the due date for the return for the tax year or the expiration of the extension period for filing that return, if any;

����� (b) The investment continues for at least 24 months following termination of employment;

����� (c) The taxpayer materially participates in the small business;

����� (d) The taxpayer has not previously claimed a subtraction under this section; and

����� (e) The small business is not the employer that paid the severance pay and does not have any owner in common with the employer that paid the severance pay.

����� (3) The subtraction under this section may not exceed the lesser of:

����� (a) The minimum balance of principal that remains invested by the taxpayer in the small business at the close of any month during the 24 months following termination of employment; or

����� (b) $500,000.

����� (4) If at any time the Department of Revenue determines that a taxpayer is not in compliance with any of the provisions of this section, the department shall disallow the subtraction under this section. Upon this disallowance, the department shall determine the amount of tax due absent the subtraction under this section and immediately shall collect any taxes due by reason of the disallowance.

����� (5) The Department of Revenue shall establish by rule procedures for administering this section, including procedures for verifying the receipt of severance pay by the taxpayer. [2010 c.66 �2]

����� 316.857 [1989 1985 c.352 �2; renumbered

ORS 319.430

319.430.

����� (3) Any dealer or broker that refuses entry to the department for an inspection, or a demand to furnish records necessary for the inspection, is subject to a civil penalty under section 72 of this 2025 special session Act.

����� SECTION 62. ORS 825.555 is amended to read:

����� 825.555. (1) The Department of Transportation may enter into an international fuel tax agreement with jurisdictions outside [of] this state to provide for cooperation and assistance among member jurisdictions in the administration and collection of taxes imposed on motor carriers for the consumption of all fuels used in vehicles operated interstate.

����� (2) An agreement under this section may:

����� (a) Provide for determining a base state for motor carriers for purposes of the agreement.

����� (b) Impose record keeping requirements.

����� (c) Specify audit procedures.

����� (d) Provide for exchange of information among jurisdictions.

����� (e) Provide criteria for determining which carriers are eligible to receive the benefits of the agreement.

����� (f) Define qualified motor vehicles.

����� (g) Specify conditions under which bonds are required.

����� (h) Specify reporting requirements and periods, including but not limited to specifying penalty and interest rates for late reporting.

����� (i) Determine methods for collecting and forwarding of motor vehicle fuel taxes, penalties and interest to another jurisdiction.

����� (j) Provide that the Department of Transportation may deny any person further benefits under the agreement until all motor vehicle fuel taxes have been paid, if the department determines that additional motor vehicle fuel taxes are owed by the person.

����� (k) Authorize the department to suspend, [or] cancel or refuse to renew benefits under the agreement for any person who violates any term or condition of the agreement or any law or rule of this state relating to motor carriers or vehicles.

����� (L) Contain such other provisions as will facilitate the agreement.

����� (m) Authorize the department to deny or revoke an international fuel tax agreement license if the department has reasonable grounds to believe, based on information contained in the department files and records or based on evidence presented during an administrative hearing, that the department has authority to deny or revoke an international fuel tax agreement license.

����� (3) An agreement may not provide for any benefit, exemption or privilege with respect to any fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except for motor vehicle fuel taxes and requirements related to motor vehicle fuel taxes.

����� (4) The department may adopt any rules the department deems necessary to enforce, effectuate and administer the provisions of an agreement entered into under this section. Nothing in the agreement shall affect the right of the department to adopt rules as provided in ORS chapter 823 and this chapter.

����� (5) An agreement shall be in writing and shall be filed with the department within 10 days after execution or on the effective date of the agreement, whichever is later.

����� (6)(a) The department shall adopt rules establishing an annual fee to be paid by each motor carrier receiving benefits from an agreement entered into under this section.

����� (b) In establishing fees, the department shall consider the size of the motor carrier�s fleet.

����� (c) Fees established under this subsection shall be designed to recover the full direct and indirect costs to the department that result from participation in the agreement[, but the department may not establish a fee under this subsection that exceeds $650].

����� SECTION 63. ORS 810.530 is amended to read:

����� 810.530. (1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses:

����� (a) Violation of maximum weight limits under ORS 818.020.

����� (b) Violation of posted weight limits under ORS 818.040.

����� (c) Violation of administratively imposed weight or size limits under ORS 818.060.

����� (d) Violation of maximum size limits under ORS 818.090.

����� (e) Exceeding maximum number of vehicles in combination under ORS 818.110.

����� (f) Violation of posted limits on use of road under ORS 818.130.

����� (g) Violation of towing safety requirements under ORS 818.160.

����� (h) Operating with sifting or leaking load under ORS 818.300.

����� (i) Dragging objects on highway under ORS 818.320.

����� (j) Unlawful use of devices without wheels under ORS 815.155.

����� (k) Unlawful use of metal objects on tires under ORS 815.160.

����� (L) Operation without pneumatic tires under ORS 815.170.

����� (m) Operation in violation of vehicle variance permit under ORS 818.340.

����� (n) Failure to carry and display permit under ORS 818.350.

����� (o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.

����� (p) Violation of any provision of ORS chapter 825.

����� (q) Operation without proper fenders or mudguards under ORS 815.185.

����� [(r) Operating a vehicle without driving privileges in violation of ORS 807.010 if the person is operating a commercial motor vehicle and the person does not have commercial driving privileges.]

����� [(s) Violation driving while suspended or revoked in violation of ORS 811.175 if the person is operating a commercial motor vehicle while the person�s commercial driving privileges are suspended or revoked.]

����� (r) Operating a vehicle without driving privileges in violation of ORS 807.010 if the person does not have driving privileges and is operating:

����� (A) A commercial motor vehicle; or

����� (B) A commercial vehicle that has:

����� (i) A gross vehicle weight rating of 10,001 pounds or more;

����� (ii) A gross combination weight rating of 10,001 pounds or more;

����� (iii) A gross vehicle weight of 10,001 pounds or more; or

����� (iv) A gross combination weight of 10,001 pounds or more.

����� (s) Violation driving while suspended or revoked in violation of ORS 811.175 if the person is operating any of the following vehicles while the person�s driving privileges are suspended or revoked:

����� (A) A commercial motor vehicle; or

����� (B) A commercial vehicle that has:

����� (i) A gross vehicle weight rating of 10,001 pounds or more;

����� (ii) A gross combination weight rating of 10,001 pounds or more;

����� (iii) A gross vehicle weight of 10,001 pounds or more; or

����� (iv) A gross combination weight of 10,001 pounds or more.

����� (t) Failure to use vehicle traction tires or chains in violation of ORS 815.140 if the person is operating a motor vehicle subject to ORS chapter 825 or 826.

����� (u) Failure to carry vehicle traction tires or chains in violation of ORS 815.142 if the person is operating a motor vehicle subject to ORS chapter 825 or 826.

����� (v) Illegally altering or displaying registration plate in violation of ORS 803.550.

����� (2) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed by a person operating a [commercial motor] vehicle described in subsection (3) of this section may issue a citation for the offense. A weighmaster or motor carrier enforcement officer who finds evidence that an offense described in this subsection has been committed by a person operating a [commercial motor] vehicle described in subsection (3) of this section or by a motor carrier for which the person is acting as an agent may issue a citation for the offense. A weighmaster or motor carrier enforcement officer issuing a citation under this subsection has the authority granted a police officer issuing a citation under ORS 810.410. A citation issued under this subsection to the operator of a [commercial motor] vehicle described in subsection (3) of this section shall be considered to have been issued to the motor carrier that owns the [commercial motor] vehicle described in subsection (3) of this section if the operator is not the owner. This subsection applies to the following offenses, all of which are Class A traffic violations under ORS 825.990 (1):

����� (a) Repeatedly violating or avoiding any order or rule of the Department of Transportation.

����� (b) Repeatedly refusing or repeatedly failing, after being requested to do so, to furnish service authorized by certificate.

����� (c) Refusing or failing to file the annual report as required by ORS 825.320.

����� (d) Refusing or failing to maintain records required by the department or to produce such records for examination as required by the department.

����� (e) Failing to appear for a hearing after notice that the carrier�s certificate or permit is under investigation.

����� (f) Filing with the department an application that is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.

����� (g) Delinquency in reporting or paying any fee, tax or penalty due to the department under ORS chapter 825 or 826.

����� (h) Refusing or failing to file a deposit or bond as required under ORS 825.506.

����� (i) Failing to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402.

����� (j) Failure to comply with an international fuel tax agreement under section 66 of this 2025 special session Act.

����� (k) Improper use of dyed diesel under section 67 of this 2025 special session Act.

����� (3) Subsections (2) and (4) of this section apply to the following vehicles:

����� (a) A commercial motor vehicle; or

����� (b) A commercial vehicle that has:

����� (A) A gross vehicle weight rating of 10,001 pounds or more;

����� (B) A gross combination weight rating of 10,001 pounds or more;

����� (C) A gross vehicle weight of 10,001 pounds or more; or

����� (D) A gross combination weight of 10,001 pounds or more.

����� [(3)] (4) A weighmaster or motor carrier enforcement officer who finds evidence that a person operating a [commercial motor] vehicle described in subsection (3) of this section has committed the offense of failure to pay the appropriate registration fee under ORS 803.315 may issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer.

����� [(4)] (5) The authority of a weighmaster or motor carrier enforcement officer to issue citations or arrest under this section is subject to ORS chapter 153.

����� [(5)(a)] (6)(a) A person is a weighmaster for purposes of this section if the person is a county weighmaster or a police officer.

����� (b) A person is a motor carrier enforcement officer under this section if the person is duly authorized as a motor carrier enforcement officer by the Department of Transportation.

����� [(6)] (7) A weighmaster or motor carrier enforcement officer may accept security in the same manner as a police officer under ORS 810.440 and 810.450 and may take as security for the offenses, in addition to other security permitted under this section, the sum fixed as the presumptive fine for the offense.

����� [(7)] (8) A weighmaster or motor carrier enforcement officer may arrest a person for the offense of failure to appear in a violation proceeding under ORS

ORS 321.005

321.005, or the products of such forest products converted to a form other than logs at or near the harvesting site, if:

����� (A) The use of the county road is pursuant to a written agreement entered into with, or to a permit issued by, the State Board of Forestry, the State Forester or an agency of the United States, authorizing such person to use such road and requiring such person to pay for or to perform the construction or maintenance of the county road;

����� (B) The board, officer or agency that entered into the agreement or granted the permit, by contract with the county court or board of county commissioners, has assumed the responsibility for the construction or maintenance of such county road; and

����� (C) Copies of the agreements or permits required by subparagraphs (A) and (B) of this paragraph are filed with the department.

����� (2) Except for a farmer subject to subsection (3) of this section, the person or agency, as the case may be, who has paid any tax on such motor vehicle fuels levied or directed to be paid, as provided by ORS 319.010 to 319.420, is entitled to claim a refund of the tax so paid on such fuels or for the proportionate part of tax paid on fuels used in the operation of such vehicles, when part of the operations are over such roads, thoroughfares or property. The proportionate part shall be based upon the number of miles traveled by any such vehicle over such roads, thoroughfares or property as compared to the total number of miles traveled by such vehicle. To be eligible to claim such refund the person or agency, as the case may be, shall first establish and maintain a complete record of the operations, miles traveled, gallons of fuel used and other information, in such form and in such detail as the department may prescribe and require, the source of supply of all fuels purchased or used, and the particular vehicles or equipment in which used. Whenever any such claim is received and approved by the department, it shall cause the refund of tax to be paid to the claimant in like manner as provided for paying of other refund claims.

����� (3) A farmer who has paid any tax on motor vehicle fuels levied or directed to be paid, as provided in ORS 319.010 to 319.420, is entitled to claim a refund of the tax paid on such fuels used in farming operations in the operation of any motor vehicle on any road, thoroughfare or property in private ownership. To be eligible to claim such refund a farmer shall maintain in such form and in such detail as the department may prescribe and require, a record, supported by purchase invoices, of all such motor vehicle fuel purchased (including fuel purchased to operate any motor vehicle on the highway) and, for each and every motor vehicle operated on the highway, a record of all fuel used and of all miles traveled on the highway. Whenever any such claim is received and approved by the department, it shall cause the refund of tax to be paid to the claimant in like manner as provided for paying of other refund claims.

����� (4) As used in subsections (2) and (3) of this section, �farmer� includes any person who manages or conducts a farm for the production of livestock or crops but does not include a person who manages or conducts a farm for the production of forest products, as defined in ORS 321.005, or the products of such forest products converted to a form other than logs at or near the harvesting site, or of forest trees unless the production of such forest products or forest trees is only incidental to the primary purpose of the farming operation. [Amended by 1961 c.368 �1; 1965 c.64 �1; 1965 c.425 �2; 1967 c.367 �2; 1979 c.344 �6]

����� 319.330 Refunds to purchasers of fuel for aircraft. (1) Whenever any statement and invoices are presented to the Department of Transportation showing that motor vehicle fuel or aircraft fuel has been purchased and used in operating aircraft engines and upon which the full tax for motor vehicle fuel has been paid, the department shall refund the tax paid, but only after deducting from the tax paid 11 cents for each gallon of such fuel so purchased and used, except that when such fuel is used in operating aircraft turbine engines (turbo-prop or jet) the deduction shall be three cents for each gallon. No deduction provided under this subsection shall be made on claims presented by the United States or on claims presented where a satisfactory showing has been made to the department that such aircraft fuel has been used solely in aircraft operations from a point within the State of Oregon directly to a point not within any state of the United States. The amount so deducted shall be paid on warrant of the Oregon Department of Administrative Services to the State Treasurer, who shall credit the amount to the State Aviation Account for the purpose of carrying out the provisions of the state aviation law. Moneys credited to the account under this section are continuously appropriated to the Oregon Department of Aviation.

����� (2) If satisfactory evidence is presented to the Department of Transportation showing that aircraft fuel upon which the tax has been paid has been purchased and used solely in aircraft operations from a point within the State of Oregon directly to a point not within any state of the United States, the department shall refund the tax paid. [Amended by 1959 c.505 �6; 1973 c.575 �1; 1977 c.293 �2; 1999 c.935 �26; 1999 c.1037 ��2,4; 2005 c.755 �16; 2015 c.700 ��2,5; 2021 c.526 �2]

����� 319.340 [Amended by 1959 c.203 �1; repealed by 1979 c.344 �11]

����� 319.350 [Amended by 1971 c.118 �1; repealed by 1979 c.344 �11]

����� 319.360 [Amended by 1957 c.209 �8; repealed by 1979 c.344 �11]

����� 319.370 Examinations and investigations; correcting reports and payments. The Department of Transportation, or its duly authorized agents, may make any examination of the accounts, records, stocks, facilities and equipment of dealers, brokers, service stations and other persons engaged in storing, selling or distributing motor vehicle fuel or other petroleum product or products within this state, and such other investigations as it considers necessary in carrying out the provisions of ORS

ORS 324.120

324.120 and 324.130 from either the purchaser or producer, as the case may be, shall be delinquent after the last day fixed for filing, and every person required to file a report shall be subject to penalty of $25 per day for each property upon which the person fails or refuses to file a report. The penalties prescribed by this section shall be for failure to file reports and shall be in addition to the interest and penalty imposed for delinquent tax, and shall likewise constitute a lien against the assets of the person failing or refusing to file a report. The penalties prescribed under this section shall be collected in the same manner as gross production taxes and shall be deposited in the suspense account referred to in ORS 324.340.

����� (2) When royalty is claimed to be exempt from taxation by law, the facts on which claims of exemption are based and other information as the Department of Revenue may require shall be furnished in the report. [1981 c.889 �8; 1983 c.740 �98]

����� 324.170 Audit; interest on delinquent tax or deficiency. (1) The provisions of ORS chapters 305 and 314 as to the audit and examination of reports and returns, determination of deficiencies, assessments, claims for refund, conferences and appeals to the Oregon Tax Court, and the procedures relating thereto, shall apply to the determination of taxes, penalties and interest under this chapter, except where the context requires otherwise.

����� (2) A delinquent tax or deficiency shall bear interest at the rate established under ORS 305.220 from the time the tax was due. [1981 c.889 �10; 1982 s.s.1 c.16 �24; 1995 c.650 �48; 2017 c.278 �20]

����� 324.180 Notice to person liable for unpaid tax. If any person neglects or refuses to make a return required to be made by this chapter, the Department of Revenue is authorized to determine the tax due, based upon any information in its possession or that may come into its possession. The department shall give the person liable for the tax written notice by regular mail or other form of delivery of the tax and delinquency charges and the tax and delinquency charges shall be a lien from the time of production. If the tax and delinquency charges are not paid within 30 days from the mailing or delivery of the notice, the department shall proceed to collect the tax in the manner provided in ORS 324.190. [1981 c.889 �11; 1991 c.249 �27; 2019 c.360 �5]

����� 324.190 Collection of unpaid tax. (1) If any tax imposed by this chapter, or any portion of such tax, is not paid within 30 days after the date that the written notice and demand for payment required under ORS 305.895 is mailed, the Department of Revenue shall issue a warrant for the payment of the amount of the tax, with the added penalties, interest and cost of executing the warrant. A copy of the warrant shall be mailed or otherwise delivered to the taxpayer by the department at the taxpayer�s last-known address.

����� (2) At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125. After recording a warrant, the department may direct the sheriff for the county in which the warrant is recorded to levy upon and sell the real and personal property of the taxpayer found within that county, and to levy upon any currency of the taxpayer found within that county, for the application of the proceeds or currency against the amount reflected in the warrant and the sheriff�s cost of executing the warrant. The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment, and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability.

����� (3) In the discretion of the department, a warrant under this section may be directed to any agent authorized by the department to collect this tax. In the execution of the warrant the agent has the powers conferred by law upon sheriffs, but is entitled to no fee or compensation in excess of actual expenses paid in the performance of such duty.

����� (4) Until a warrant under this section is satisfied in full, the department has the same remedies to enforce the claim for taxes against the taxpayer as if the state had a recorded judgment against the taxpayer for the amount of the tax. [1981 c.889 �12; 1983 c.696 �18; 1985 c.761 �22; 1989 c.625 �79; 2003 c.576 �206; 2011 c.389 �6; 2011 c.661 �9; 2019 c.360 �6]

����� 324.200 Release of lien on real estate. (1) Any person having a lien upon or any interest in real estate against which the amount of the warrant provided for in ORS 324.190 has become a lien, notice of which has been recorded in accordance with the laws of the state prior to the filing of the warrant, may request the Department of Revenue in writing to release the real estate from the lien of the warrant. If, upon such request the department finds that a sale of the property would not result in satisfaction of the taxes due in whole or in part, the department shall execute a release of the lien as to such property and such release shall be conclusive evidence of the extinguishment of the lien as to that property. If the department fails to act upon a request for release of a lien under this subsection within 60 days from the date of the request, any person having a lien upon or interest in the property against which the warrant has become a lien may make the department a party to any proceeding brought to enforce any interest in or lien upon such real property, and the determination of the court in such proceeding shall be conclusive and binding upon the department and the State of Oregon.

����� (2) In addition to the release of the lien provided for in subsection (1) of this section, the department may execute releases in the following cases, which releases shall be conclusive evidence of the extinguishment of the lien:

����� (a) If the department finds that the liability for the amount of the warrant, together with all interest, penalties and costs in respect thereto has been satisfied.

����� (b) If the department finds that the fair market value of that part of the property remaining subject to the lien is at least double the amount of the liability remaining unsatisfied in respect of such tax and the amount of all prior liens upon the property.

����� (c) If there is furnished to the department a bond, in such form and with the security the department considers sufficient, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in either case conditioned upon the payment of the amount of the warrant, together with all interest in respect thereof, within 60 days after the issuance of the release.

����� (d) If there is paid to the department in partial satisfaction of the amount of the warrant an amount not less than the value, as determined by the department, of the interest of the State of Oregon in the part of the property to be so discharged. In determining such value the department shall give consideration to the fair market value of the part of the property to be so discharged and to such liens thereon as have priority to the lien of the State of Oregon. [1981 c.889 �13; 1991 c.331 �55; 1997 c.631 �460]

����� 324.210 Status of taxes, interest and penalties as debt; limitation on time of collection. All taxes, interest and penalties due and unpaid under this chapter, shall constitute a debt due the State of Oregon from the person liable for the tax and may be collected, together with interest, penalty and costs, by appropriate judicial proceeding, which remedy is in addition to all other existing remedies. However, no proceeding for the collection of taxes under this section shall be instituted after the expiration of six years from the date such taxes were due. [1981 c.889 �14]

����� 324.240 Payment of tax when oil or gas in litigation. When oil or gas subject to gross production tax under this chapter is in litigation or dispute involving ownership of the oil or gas, and the oil or gas is sold, the usual gross production tax, as provided by law, shall be paid from the proceeds or funds in the hands of the purchaser of the oil or gas and in lieu of payment for the production, to the extent of the tax. The receipt of the Department of Revenue therefor shall be accepted in lieu of money in settlement of the purchase price of the production. If oil or gas is assigned as security for debt or otherwise, the tax shall be likewise paid by the assignee, and the tax shall constitute a lien upon the interest assigned, which shall be paramount to the indebtedness for which the assignment is made, and if the tax becomes delinquent, the usual penalty shall apply. [1981 c.889 �16]

ADMINISTRATION

����� 324.310 Powers of department. The Department of Revenue may:

����� (1) Require any producer of oil or gas, purchaser of oil or gas, agent or employee of any producer or purchaser or the owner of any royalty interest in oil or gas to furnish any additional information considered by the department to be necessary for the purpose of correctly computing the amount of tax imposed by this chapter;

����� (2) Examine the books, records and files of any producer, purchaser or royalty owner;

����� (3) Administer oaths and compel the attendance of witnesses and the production of books, records and papers of any person by subpoena; and

����� (4) Make any investigation considered necessary to a full and complete determination as to the amount of production from any oil or gas location, or of any producer of oil or gas, and as to the correct determination of taxes due under this chapter. [1981 c.889 �9; 1995 c.650 �49]

����� 324.320 Rulemaking authority of department. (1) The Department of Revenue is authorized to adopt all necessary rules for the purpose of making and filing all reports required under this chapter and otherwise necessary to the enforcement of this chapter.

����� (2) The department may, at its option and discretion, require a sufficient bond from any person charged with the making and filing of reports and the payment of the taxes imposed by this chapter. The bond shall run to the State of Oregon and shall be conditioned upon the making and filing of reports as required by law, upon compliance with the rules of the department, and for the prompt payment, by the principal, of all taxes justly due the state by virtue of the provisions of this chapter.

����� (3) When any reports required have not been filed, or may be insufficient to furnish all the information required by the department, the department shall institute, in the name of the State of Oregon, upon relation of the department, any necessary action or proceedings in the court having jurisdiction, to enjoin the person from continuing operations until the reports have been filed as required, and in all proper cases, injunction shall issue without bond from the State of Oregon.

����� (4) Upon showing that the state is in danger of losing its claims or the property is being mismanaged, dissipated or concealed, a receiver shall be appointed at the suit of the state. [1981 c.889 �18]

DISPOSITION OF REVENUE

����� 324.340 Net revenue payable to Common School Fund. (1) The revenues derived from the tax imposed by this chapter including interest and penalties, shall be deposited in a suspense account created pursuant to ORS 293.445. After payment of refunds and the expenses of the Department of Revenue incurred in the administration of this chapter, the remaining revenues 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.

����� (2) The amount of moneys necessary to pay refunds and expenses of the Department of Revenue incurred in the administration of this chapter are continuously appropriated to the Department of Revenue from the suspense account referred to in subsection (1) of this section. [1981 c.889 �20]

CIVIL PENALTY

����� 324.410 Prohibited conduct; civil penalty. (1) No person, or officer or employee of a corporation, or a member or employee of a partnership, shall, with intent to evade any requirement of this chapter, or any lawful requirement of the Department of Revenue pursuant to this chapter:

����� (a) Fail to pay any tax or to make, sign or verify any return or to supply any information required;

����� (b) Make, render, sign or verify any false or fraudulent return or statement; or

����� (c) Supply any false or fraudulent information.

����� (2) A person or an officer or employee of a corporation or a member or employee of a partnership who violates subsection (1) of this section is liable to a civil penalty of not more than $10,000, to be recovered by the Attorney General, in the name of the state, in any court of competent jurisdiction. The penalty provided in this subsection shall be in addition to all other penalties in this chapter. [1981 c.889 �19]

MISCELLANEOUS

����� 324.510 Content of statement or settlement sheet. All statements or settlement sheets for oil or gas shall have stamped or written thereon the following words: �Gross production tax deducted and paid, and payee accepts such deduction and authorizes payment to the State of Oregon.� [1981 c.889 �17]

����� 324.520 Duty to furnish information to department; penalty. (1) It shall be the duty of every person engaged in the production of oil and gas in this state to furnish to the Department of Revenue, upon forms prescribed by the department, any and all information relative to the production of oil or gas subject to gross production tax that may be required to properly enforce the provisions of this chapter. The department may require any person to install suitable measuring devices to enable the person to include in the reports the quantity of oil or gas produced in the State of Oregon.

����� (2) It shall be the duty of every person engaged in the operation of a refinery for the processing of oil or gas in the State of Oregon to furnish quarterly to the department, upon forms prescribed by the department, any and all information relative to the amount of oil or gas subject to gross production tax that has been processed by it during the quarterly period, and oil on hand at the close of the period, that may be required to properly enforce the provisions of this chapter.

����� (3) It shall be the duty of every person engaged in the purchase or storing of oil subject to gross production tax in the State of Oregon to furnish quarterly a report to the department, upon forms prescribed by the department, showing the amount of oil in storage, giving, along with other information required, the location, identity, character and capacity of the storage receptacle in which the oil is stored.

����� (4) All reports required under this section, shall be filed for each quarter and shall be delinquent if not filed on or before the 45th day following the preceding quarterly period. The failure of any person to comply with the provisions of this section shall make the person liable to a penalty of $25 for each day the person fails or refuses to furnish a statement or comply with the provisions of this chapter. The penalty may be recovered at the suit of the state, on relation of the department. Any penalty so collected shall be deposited in the suspense account referred to in ORS 324.340. [1981 c.889 �15]

CHAPTER 325 [Reserved for expansion]

ORS 329A.450

329A.450 or as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500; or

����� (B) By any home or facility that is licensed under ORS 443.400 to 443.455 or 443.705 to 443.825 to provide residential care alone or in conjunction with treatment or training or a combination thereof.

����� (2) A condominium that includes units used for residential purposes or planned community, including a community not subject to ORS 94.550 to 94.783, may not include in a recorded instrument governing the community and may not enforce any provision that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.

����� (3) Any provision in an instrument executed in violation of subsection (1) or (2) of this section is void and unenforceable.

����� (4) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.

����� (5)(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.

����� (b) As used in this subsection, �wildfire hazard zones� are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department. [1973 c.258 �1; 1989 c.437 �1; 1991 c.801 �7; 1993 c.311 �1; 1993 c.430 �3; 2007 c.70 �20; 2007 c.100 �16; 2009 c.595 �61; 2017 c.221 �1; 2018 c.35 �2; 2021 c.67 �1; 2021 c.367 ��5,5a]

����� 93.271 Amending declarations or bylaws to remove discriminatory provisions; recording; filing. (1) Notwithstanding ORS 94.590, 94.625, 100.110, 100.135, 100.411 or 100.413 or any requirement of the declaration or bylaws, an amendment to the declaration or bylaws of a planned community or condominium is effective and may be made and recorded in the county clerk�s office of a county in which any portion of the property is situated without the vote of the owners or the board members and without the prior approval of the Real Estate Commissioner, county assessor or any other person if:

����� (a) The amendment is made to conform the declarations or bylaws to the requirements of ORS 93.270 (2); and

����� (b) The amendment is signed by the president and secretary of the homeowners association.

����� (2) The first page or cover sheet of an instrument amending the declaration or bylaws must comply with the recording requirements of ORS chapter 205 and must be in substantially the following form:

AMENDMENT OF [DECLARATION/BYLAWS]

TO COMPLY WITH ORS 93.270 (2).

����� Pursuant to this section, the undersigned states:

����� 1. The undersigned are the president and secretary for the [homeowners/condominium owners] association _ (name) in _ County.

����� 2. This document amends the [declaration/bylaws] of the association.

����� 3. The [declaration was/bylaws were] first recorded under instrument number (or book and page number) __ recorded on _.

����� 4. The [declaration was/bylaws were] most recently amended or restated, if ever, under instrument number (or book and page number) _ recorded on _.

����� 5. The undersigned have determined that the current [declarations/bylaws] of the [planned community/condominium], as last amended or revised, may fail to comply with ORS 93.270. The following amendments to the [declaration/bylaws] remove provisions that are not allowed and are unenforceable under ORS 93.270 (2). No other changes to the document are being made except as may be necessary to correct scriveners� errors or to conform format and style.

����� 6. Under this section, a vote of the association is not required.

����� 7. The description of the real property in ___ County affected by this document is:

����� ____

����� ____

Dated this _ day of _ 20___.

Name: _____

President, ______ (association name)

Address: ___

Phone No.: __

Dated this _ day of _ 20___.

Name: _____

Secretary, ___ (association name)

Address: ___

Phone No.: __

STATE OF OREGON����������� )

����������������������� ����������� ����������� )���������� ss.

County of _____�������� ����������� )

����� The foregoing instrument was acknowledged before me this ___ day of __ 20_ by __ and ____.

Notary Public for Oregon

My commission expires: ___

����� (3) If an instrument recorded under this section affects a condominium, the condominium association shall file a copy of the recorded instrument with the Real Estate Commissioner. [2023 c.223 �25]

����� 93.272 Procedure for removal of certain restrictions. (1) Except as otherwise provided in ORS 93.274, any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property, or a declaration recorded under ORS 94.580, that contains a provision that is in violation of ORS 93.270 may file a petition to remove that provision from the title to the property. The petition shall be filed in the circuit court for the county in which the property is located. For a petition filed under this section, the court may not charge any filing fees to the petitioner and may not award a prevailing party fee to any party. The petition shall contain:

����� (a) The name and mailing address of the person filing the petition;

����� (b) The name and mailing address of all owners of record of the property;

����� (c) The legal description of the property subject to the provision in violation of ORS

ORS 350.635

350.635;

����� (i) A distance learning provider as provided by rule of the agency; or

����� (j) Another provider approved by the Real Estate Board.

����� (3) The Real Estate Agency may provide continuing education without being certified under this section.

����� (4) The agency, in consultation with real estate professionals and educators, shall provide by rule:

����� (a) A broad list of course topics that are eligible for continuing education credit required by ORS 696.174; and

����� (b) Learning objectives for each course topic.

����� (5) The list of course topics developed by the agency under subsection (4) of this section must allow for changes in the real estate profession.

����� (6) The minimum length of each course is one hour. A continuing education provider or course instructor may allow a break of no more than 10 minutes for each hour of instruction. [2009 c.502 �4; 2011 c.158 �9; 2011 c.637 �288; 2012 c.104 �46; 2017 c.234 �11; 2025 c.32 �113; 2025 c.389 �10]

����� Note: 696.182, 696.184 and 696.186 were added to and made a part of 696.010 to 696.375 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 696.184 Duties of continuing education provider; rules. (1) A real estate continuing education provider shall:

����� (a) Ensure that the courses offered by the continuing education provider meet the learning objectives adopted under ORS 696.182 (4)(b);

����� (b) Ensure that instructors who teach a real estate continuing education course meet the requirements set forth in ORS 696.186; and

����� (c) Keep records of each course offered, for at least three years, in a manner and form prescribed by the Real Estate Agency by rule.

����� (2) Records maintained under this section must be open at all times for inspection by the Real Estate Commissioner or the commissioner�s authorized representatives. Upon request by the commissioner, a real estate continuing education provider must produce records within 15 business days after the date of the request.

����� (3) The agency may require by rule a real estate continuing education provider to submit a record maintained under this section to the agency electronically.

����� (4) The agency may prescribe by rule terms and conditions under which a real estate continuing education provider may maintain records outside this state. [2009 c.502 �5; 2013 c.145 �11]

����� Note: See note under 696.182.

����� 696.186 Qualifications of continuing education instructors; rules. (1) A person must have one of the following qualifications to teach a real estate continuing education course that is eligible for credit required under ORS 696.174:

����� (a) A bachelor�s degree and two years of experience working in a field related to the topic of the course;

����� (b) Six years of experience working in a field related to the topic of the course;

����� (c) A total of six years of any combination of college-level coursework and experience working in a field related to the topic of the course;

����� (d) A designation by a professional real estate organization as determined by rule of the Real Estate Agency and two years of college-level coursework;

����� (e) A designation by an association of real estate educators of competency as an instructor; or

����� (f) Certification or approval in good standing as a real estate instructor for the same or a similar course topic in any other state or jurisdiction.

����� (2) Notwithstanding subsection (1) of this section, a person may not teach a real estate continuing education course if the person:

����� (a) Has had a professional or occupational license related to the topic of the course revoked for disciplinary reasons, or has a professional or occupational license related to the topic of the course that is currently suspended for disciplinary reasons; or

����� (b) Has been determined by a state court or an administrative law judge to have violated any statute, rule, regulation or order pertaining to real estate activity in this or any other state in the preceding five years.

����� (3) Before a person teaches a course for a real estate continuing education provider, the continuing education provider shall require the person to sign a form in which the person attests to:

����� (a) Meeting one of the qualifications described in subsection (1) of this section; and

����� (b) Not being disqualified from teaching a course for reasons described in subsection (2) of this section.

����� (4) The agency, with the advice of real estate professionals and educators, shall prescribe by rule the content of the form described in subsection (3) of this section. [2009 c.502 �6; 2013 c.145 �12]

����� Note: See note under 696.182.

����� 696.190 [Amended by 1977 c.649 �28; repealed by 1981 c.617 �41]

����� 696.200 Main office; branch offices; change of business location. (1) A licensed real estate property manager or managing principal broker shall:

����� (a) Establish and maintain in this state a place of business designated as the real estate licensee�s main office;

����� (b) Register the main office with the Real Estate Agency under a registered business name as provided in ORS 696.026;

����� (c) Designate the main office by a sign that contains the name under which the real estate licensee conducts professional real estate activity as provided in ORS 696.026; and

����� (d) Before changing a main office location, notify the agency of the new location on a form approved by the agency.

����� (2) The change of a business location without notification to the agency as required by subsections (1) and (6) of this section is grounds for revocation of a real estate license.

����� (3) The place of business of a managing principal broker or licensed real estate property manager must be specified in the application for a registered business name or branch office.

����� (4) A managing principal broker, principal real estate broker with a written supervisory agreement permitting the principal real estate broker to supervise licensees or licensed real estate property manager may:

����� (a) Establish and maintain one or more branch offices as separate business locations under the control and supervision of a licensed real estate property manager, managing principal broker or principal real estate broker with a written supervisory agreement permitting the principal real estate broker to supervise licensees; and

����� (b) Conduct and supervise the professional real estate activity of more than one office, whether a main office or a branch office.

����� (5) Only a managing principal broker or principal real estate broker with a written supervisory agreement permitting the principal real estate broker to supervise licensees may control or supervise a main office, branch office or portions of an office.

����� (6) A licensed real estate property manager or managing principal broker shall:

����� (a) Register each branch office with the agency under a registered business name as provided in ORS 696.026;

����� (b) Designate each branch office by a sign that contains the name under which the real estate licensee conducts professional real estate activity as provided in ORS 696.026; and

����� (c) Before changing a branch office location, notify the agency of the new location on a form approved by the agency.

����� (7) Upon vacating a main office or branch office location, the licensed real estate property manager or managing principal broker shall ensure that the sign containing the registered business name is removed from the location.

����� (8) A licensed real estate property manager or managing principal broker may not display any name at a main office or branch office other than the registered business name under which the real estate licensee conducts professional real estate activity. [Amended by 1955 c.322 �14; 1961 c.471 �3; 1965 c.367 �1; 1973 c.416 �7; 1975 c.746 �14; 1977 c.649 �29; 1979 c.823 �1; 1981 c.617 �10; 1989 c.532 �7; 2001 c.300 �16; 2003 c.398 �9; 2005 c.116 �5; 2009 c.224 �4; 2011 c.158 �7; 2017 c.234 �12; 2025 c.389 �11]

����� 696.205 Death or incapacity of sole principal real estate broker or sole licensed real estate property manager; temporary license; rules. (1) If a real estate licensee who is the sole principal real estate broker or sole licensed real estate property manager of a registered business name dies or becomes incapacitated, the Real Estate Commissioner may issue a temporary license to the executor, administrator or personal representative of the estate of the deceased real estate licensee or to the court-appointed fiduciary of the incapacitated real estate licensee, or to some other individual designated by the commissioner. The commissioner shall determine whether the temporary licensee may continue to conduct the professional real estate activity of the real estate licensee or may wind up the affairs of the real estate licensee. The term of a temporary license issued under this section may not exceed one year from the date of issuance unless the commissioner, in the discretion of the commissioner, extends the term of the temporary license based on sufficient cause provided by the temporary licensee to the commissioner.

����� (2) The Real Estate Agency may adopt administrative rules to administer this section or to authorize an individual to conduct or wind up the professional real estate activity on behalf of the deceased or incapacitated principal real estate broker or licensed real estate property manager. [1975 c.746 �7; 2001 c.300 �17; 2005 c.116 �6; 2007 c.319 �8; 2009 c.324 �3; 2017 c.234 �13]

����� 696.210 [Amended by 1977 c.649 �30; repealed by 2001 c.300 �84]

����� 696.220 [Repealed by 1955 c.322 �15]

����� 696.221 [1955 c.322 �4; 1969 c.674 �12; 1977 c.649 �31; 1983 c.258 �2; 1991 c.5 �34; 2001 c.300 �18; repealed by 2005 c.116 �24]

����� 696.224 [1955 c.322 �5; 1969 c.674 �13; 1977 c.649 �32; 1983 c.258 �3; 1989 c.724 �12; 1991 c.5 �35; repealed by 2001 c.300 �84]

����� 696.226 [1955 c.322 �2; 1977 c.649 �33; 1983 c.258 �4; 1991 c.5 �36; 2001 c.300 �19; repealed by 2005 c.116 �24]

����� 696.228 [1969 c.674 �8; 1977 c.649 �34; 1983 c.258 �5; repealed by 2001 c.300 �84]

����� 696.230 [Repealed by 1969 c.674 �21]

����� 696.232 License status of employee of agency; reissuance upon termination of employment. (1) The license status of a real estate licensee employed by the Real Estate Agency shall be placed on hold at the time that the real estate licensee commences employment with the agency. At the termination of the employment, the license may be returned to the real estate licensee as an active or inactive license. The agency shall activate a license placed on hold without payment of further fee, and the license expires on the date on which it would have expired if the license had not been placed on hold.

����� (2) During the time of employment at the agency, the employee may not conduct professional real estate activity.

����� (3) Except as stated in subsection (1) of this section, the real estate licensee is subject to the provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to

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 36.175

36.175. The written offer must be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party.

����� (b) If the party receiving the offer does not accept the offer within 10 days after receipt by written notice hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party, the initiating party may commence the litigation or the administrative proceeding. The notice of acceptance of the offer to participate in the program must contain the name, address and telephone number of the body administering the dispute resolution program.

����� (c) If a qualified dispute resolution program exists within the county in which the condominium is located and an offer to use the program is not made as required under paragraph (a) of this subsection, litigation or an administrative proceeding may be stayed for 30 days upon a motion of the noninitiating party. If the litigation or administrative action is stayed under this paragraph, both parties shall participate in the dispute resolution process.

����� (d) Unless a stay has been granted under paragraph (c) of this subsection, if the dispute resolution process is not completed within 30 days after receipt of the initial offer, the initiating party may commence litigation or an administrative proceeding without regard to whether the dispute resolution is completed.

����� (e) Once made, the decision of the court or administrative body arising from litigation or an administrative proceeding may not be set aside on the grounds that an offer to use a dispute resolution program was not made.

����� (f) The requirements of this subsection do not apply to circumstances in which irreparable harm to a party will occur due to delay or to litigation or an administrative proceeding initiated to collect assessments, other than assessments attributable to fines. [Formerly 94.146; 1997 c.816 �9; 1999 c.677 �47; 2001 c.756 �39; 2003 c.569 �28; 2007 c.410 �11; 2009 c.641 �24; 2011 c.532 �9; 2019 c.69 �31]

����� 100.407 Annual and special meetings of association. (1) The association of unit owners shall conduct at least one meeting of the owners each calendar year.

����� (2)(a) Special meetings of the association may be called by the chairperson or president of the board of directors, by a majority of the board of directors or by the chairperson, president or secretary upon receipt of a written request of a percentage of unit owners specified in the bylaws. However, the bylaws may not require a percentage greater than 50 percent or less than 10 percent of the unit owners for the purpose of calling a meeting.

����� (b) If the bylaws do not specify a percentage of unit owners that may request the calling of a special meeting, a special meeting must be called if 30 percent or more of the unit owners make the request in writing. Notice of the special meeting must be given as specified in this section.

����� (3) If the unit owners request a special meeting under subsection (2) of this section and the notice is not given within 30 days after the date the written request is delivered to the chairperson or president or the secretary, a unit owner who signed the request may set the date, time and place of the meeting and give notice as provided in subsection (4) of this section.

����� (4)(a) Not less than 10 nor more than 50 days before any meeting called under this section, the secretary or other officer of the association specified in the bylaws shall cause the notice to be hand delivered or mailed to the mailing address of each unit owner or to the mailing address designated in writing by the unit owner, and to all mortgagees that have requested the notice.

����� (b) The notice must state the date, time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes or any proposal to remove a director or, if the officer is elected by the owners, to remove an officer of the association.

����� (5) Mortgagees may designate a representative to attend a meeting called under this section.

����� (6) A meeting of owners under this section, including special meetings, may be conducted as an electronic meeting if the electronic meeting:

����� (a) Allows all owners participating to hear each other simultaneously and to be able to communicate during the meeting.

����� (b) Provides for the verification that a person participating is an owner or is otherwise authorized to participate in the meeting.

����� (c) Provides for owners to have access to material necessary to participate or vote during or before the meeting.

����� (7) A person participating in an electronic meeting is considered present at the meeting for all purposes. [1999 c.677 �59; 2003 c.569 �30; 2007 c.409 �25; 2019 c.69 �35; 2021 c.40 �7]

����� Note: 100.407 and 100.408 were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 100.408 Quorum for meeting of association. (1) Unless the bylaws specify a greater percentage, a quorum for any meeting of the association of unit owners consists of the number of persons who are entitled to cast 20 percent of the voting rights.

����� (2) If any meeting of the association of unit owners cannot be organized because of a lack of a quorum, the unit owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present.

����� (3) Subject to subsection (4) of this section, the quorum for a meeting following a meeting adjourned for lack of a quorum is the greater of:

����� (a) One-half of the quorum required in the bylaws; or

����� (b) The number of persons who are entitled to cast 20 percent of the votes in the association of unit owners.

����� (4) The quorum is not reduced under subsection (3) of this section unless:

����� (a) The meeting is adjourned to a date that is at least 48 hours from the date the original meeting was called; or

����� (b) The meeting notice specifies:

����� (A) The quorum requirement will be reduced if the meeting cannot be organized because of a lack of a quorum; and

����� (B) The reduced quorum requirement.

����� (5) For the purpose of establishing a quorum under this section, an individual who holds a proxy and an absentee ballot, if absentee ballots are permitted, counts as a present owner. [1999 c.677 �60; 2007 c.409 �26; 2009 c.641 �25; 2011 c.532 �10]

����� Note: See note under 100.407.

����� 100.409 Rules of order. (1) Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors, meetings of the association and the board of directors shall be conducted according to the latest edition of Robert�s Rules of Order published by the Robert�s Rules Association.

����� (2) A decision of the association or the board of directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied.

����� (3) A decision of the association and the board of directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. [2001 c.756 �58; 2009 c.641 �26]

����� Note: 100.409 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.

����� 100.410 Adoption of bylaws; amendment. (1) The declarant shall adopt and execute on behalf of the association of unit owners the initial bylaws that govern the administration of the condominium. The bylaws must be approved by the Real Estate Commissioner and recorded simultaneously with the declaration as an exhibit or as a separate instrument.

����� (2) Provisions of the bylaws that regulate amendments to the bylaws:

����� (a) Must be consistent with the provisions of this chapter operative on the date the bylaws are recorded.

����� (b) Control the amendment process.

����� (c) May be used to amend provisions of the bylaws related to the amendment process as needed to be in compliance with the provisions of this chapter in effect on the date the amendment becomes effective.

����� (3) Unless otherwise provided in the declaration or 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.

����� (4) An amendment of the bylaws is not effective unless the amendment is:

����� (a) In compliance with subsections (5), (6) and (7) of this section and ORS 100.415 (1)(t);

����� (b) Approved by at least a majority of the unit owners;

����� (c) Certified by the association as adopted in accordance with the bylaws and the provisions of this section and acknowledged;

����� (d) Approved by the Real Estate Commissioner if required under ORS 100.413; and

����� (e) Recorded in the office of the recording officer of each county in which the condominium is located.

����� (5) In condominiums that are exclusively residential:

����� (a) The bylaws may not require more than a majority of the unit owners to amend the bylaws.

����� (b) Notwithstanding paragraph (a) of this subsection, amendments relating to age restrictions, pet restrictions, limitations on the number of persons who may occupy units and limitations on the rental or leasing of units are not effective unless approved by at least 75 percent of the owners or a greater percentage specified in the bylaws.

����� (6) If the declaration specifies that any of the units will be used for residential purposes, an amendment to the bylaws relating to a matter in subsection (5)(b) of this section is not effective unless the amendment is approved by 75 percent, or any greater percent specified by the bylaws, of the owners of units that the declaration specifies will be used for residential purposes.

����� (7) The bylaws may not be amended to limit or diminish any special declarant right without the consent of the declarant or unless the declarant has waived the declarant�s right of consent.

����� (8) Notwithstanding a provision in the bylaws, including bylaws adopted before July 14, 2003, that requires an amendment to be executed, or executed and acknowledged, by all owners approving the amendment, amendments to the bylaws take effect in accordance with this section.

����� (9) An amendment to the bylaws is conclusively presumed to have been regularly adopted in compliance with all applicable procedures relating to the amendment unless the presumption is effectively rebutted in an action 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 the approval. Nothing in this subsection prevents the further amendment of an amended bylaw. [Formerly 94.152; 2001 c.756 �40; 2003 c.569 �31; 2005 c.22 �76; 2007 c.409 �34; 2007 c.410 �13; 2009 c.641 �26a; 2019 c.69 �15]

����� 100.411 Restated bylaws. (1) An association of unit owners may adopt a resolution, without specific approval of the unit owners, to prepare and record restated bylaws under this section. The resolution must include:

����� (a) The words �Restated Bylaws� in the title of the bylaws;

����� (b) All previously adopted amendments that are recorded and in effect;

����� (c) A statement that the board of directors has adopted a resolution under this subsection to restate and record amended bylaws under this section;

����� (d) A reference to the recording index numbers and date of recording of the initial bylaws and of all previously recorded amendments to the bylaws that are in effect and are being codified; and

����� (e) A certification by the association that:

����� (A) The restated bylaws include all previously adopted amendments that are recorded and in effect; and

����� (B) Other changes were not made to the bylaws except, if applicable, to correct scriveners� errors or to conform format and style.

����� (2) In the preparation of restated bylaws under this section, the board may not make any changes to the bylaws except as necessary to correct a scriveners� error or to conform format and style.

����� (3) If the restated bylaws conflict with the recorded and effective document that amended the bylaws, the document that amended the bylaws controls.

����� (4) A restatement of bylaws prepared and recorded under this section must be:

����� (a) Executed and acknowledged by the chairperson or president of the association and by the secretary of the association;

����� (b) Approved by the Real Estate Commissioner if required under ORS 100.413; and

����� (c) Recorded in the office of the recording officer of every county in which the condominium is located. [2019 c.69 �12]

����� Note: 100.411 and 100.413 were added to and made a part of ORS chapter 100 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 100.412 [1999 c.677 �58; 2007 c.409 �26a; renumbered 100.483 in 2019]

����� 100.413 Approval of amended or restated bylaws. (1)(a) For bylaws recorded before October 3, 1989, an amendment to the bylaws recorded on or after October 4, 1977, and before October 3, 1989, is not effective unless approved by the Real Estate Commissioner.

����� (b) Within five years after the recording of bylaws recorded on or after October 3, 1989, an amendment to the bylaws must be approved by the Real Estate Commissioner.

����� (2) Except as provided by subsection (4) of this section, notwithstanding a requirement in the bylaws that any amendment to the bylaws be approved by the commissioner, amendments adopted more than five years after recording the initial bylaws do not require approval by the commissioner.

����� (3) Bylaws that are restated under this chapter on or after July 14, 2003, and within five years of the recording of the bylaws must be approved by the commissioner.

����� (4) Bylaws recorded on or after January 1, 2020, may require that any or all amendments to the bylaws or restatements of the bylaws under ORS 100.411 be approved by the commissioner under this section.

����� (5) The person submitting amended bylaws or restated bylaws for approval shall submit a filing in accordance with ORS 100.668 and the fee required by ORS 100.670.

����� (6) Upon compliance with subsection (5) of this section, the commissioner shall approve:

����� (a) A bylaw amendment that complies with ORS 100.410 and 100.415 and this section; and

����� (b) Restated bylaws that comply with ORS 100.411 and this section.

����� (7) If the amended bylaw or restated bylaws approved by the commissioner under this section are not recorded as required in ORS 100.410 or 100.411 within one year from the date of approval by the commissioner, the approval expires and the amended bylaw or restated bylaws must be resubmitted for approval. The commissioner�s approval must set forth the date on which the approval expires.

����� (8) An association of unit owners may request that the commissioner approve a bylaw amendment or restated bylaws under ORS 100.411 for which approval is not required under this section, subject to subsections (5) and (7) of this section.

����� (9) The association shall submit a copy of the recorded bylaw amendment or restated bylaws to the commissioner. [2019 c.69 �13]

����� Note: See note under 100.411.

����� 100.415 Contents of bylaws. (1) The bylaws shall include a reference to the declaration to which the bylaws relate and shall provide for:

����� (a) The organization of the association of unit owners in accordance with ORS 100.405, when the initial meeting must be held and the method of calling that meeting.

����� (b) If required under ORS 100.205, the formation of a transitional committee in accordance with such section.

����� (c) The turnover meeting required under ORS 100.210, including when the meeting must be called, the method of calling the meeting, the right of a unit owner under ORS 100.210 (3) to call the meeting and a statement of the purpose of the meeting.

����� (d)(A) The method of calling the annual meeting and all other meetings of the unit owners in accordance with ORS 100.407; and

����� (B) The percentage of owners that constitutes a quorum under ORS 100.408.

����� (e)(A) The election of a board of directors and the number of persons constituting the board;

����� (B) The terms of office of directors;

����� (C) The powers and duties of the board;

����� (D) The compensation, if any, of the directors;

����� (E) The method of removal from office of directors under ORS 100.417; and

����� (F) The method of filling vacancies on the board.

����� (f) The method of calling meetings of the board of directors in accordance with ORS 100.420 and a statement that all meetings of the board of directors of the association of unit owners must be open to unit owners.

����� (g) The election of a chairperson or president, a secretary, a treasurer and any other officers of the association and any qualifications required of each officer.

����� (h) The preparation and adoption of a budget in accordance with ORS 100.483.

����� (i)(A) The maintenance, repair and replacement of the common elements and association property;

����� (B) Payment for the expense of maintenance, repair and replacement of common elements and association property and other expenses of the condominium in accordance with ORS 100.530; and

����� (C) The method of approving payment vouchers.

����� (j) The employment of personnel necessary for the maintenance and repair of the common elements.

����� (k) The manner of collecting assessments from the unit owners.

����� (L) Insurance coverage in accordance with ORS 100.435 and the responsibility for payment of the amount of the deductible in an association insurance policy.

����� (m) The preparation and distribution of the annual financial statement in accordance with ORS 100.480.

����� (n) The reserve account and the preparation, review and update of the reserve study and the maintenance plan required under ORS 100.175.

����� (o) The filing of an Annual Report and any amendment with the Real Estate Agency in accordance with ORS 100.250.

����� (p) The method of adopting and of amending administrative rules and regulations governing the details of the operation of the condominium and use of the common elements.

����� (q) Restrictions on and requirements respecting the enjoyment and maintenance of the units and the common elements as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners.

����� (r) Any restrictions on use or occupancy of units. Any such restrictions created by documents other than the bylaws may be incorporated by reference in the bylaws to the official records of the county in which the property is located.

����� (s) The method of amending the bylaws in accordance with ORS 100.410 and 100.413.

����� (t) Any other details regarding the property that the declarant considers desirable. However, if a provision required to be in the declaration under ORS 100.105 is included in the bylaws, the voting requirements for amending the declaration also govern the amendment of the provision in the bylaws.

����� (u) In the event additional units are proposed to be annexed or created pursuant to ORS 100.125 or 100.150, the method of apportioning common expenses in the event new units are added during the course of the fiscal year.

����� (2) The bylaws may provide that the responsibility for payment of the amount of the deductible may be prescribed by resolution adopted by the board of directors. [Formerly

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 370.031

370.031 a majority of the electors voting at the election favors issuing the bonds, the county court shall enter an order in its journal declaring that fact. This order shall:

����� (1) Be conclusive as to the regularity of all the proceedings in reference to the matter.

����� (2) Designate the amount of the total assessed valuation of all the property within the county.

����� (3) Designate the amount of all the previous debts and liabilities of the county incurred for road purposes and remaining unpaid.

����� (4) Be prima facie evidence as to the amount of the assessed valuation and the indebtedness. [Amended by 1983 c.350 �235]

����� 370.140 Issuance of bonds. After having entered the order as provided in ORS 370.130, the county court shall cause the bonds to be issued as prescribed in ORS chapter 287A. [Amended by 1981 c.94 �34; 2007 c.783 �175]

����� 370.150 Issuance of serial in lieu of term bonds. After the issuance of bonds has been authorized by an election held in accordance with ORS 370.031, 370.120 and 370.130, the county court, in lieu of bonds redeemable only at the time stated in the notice, may issue bonds and, in the order providing for their issuance, reserve the right to redeem any or all of them serially each year. When bonds are issued with such reservation, the redemption fund provided for in ORS 370.170 may be used each year, as it is collected, for the redemption of such proportion or percentage of the bonds as will redeem all of them at the end of the time fixed in the prior proceedings for maturity of the bonds, instead of being kept and deposited as provided by law or loaned as provided in ORS 370.200 until the final maturity of the bonds. [Amended by 1967 c.451 �21; 1983 c.350 �236]

����� 370.160 Option to issue redeemable term or serial bonds. In its discretion, the county court further may issue either term bonds or the serial bonds mentioned in ORS 370.150 with the option of redeeming them on and after certain interest-paying dates specified by the county court in the bonds. [Amended by 1997 c.171 �19; 2007 c.783 �176]

����� 370.170 Special bond redemption funds. Beginning with the fourth year after the bonds are sold the county court shall each year thereafter, until maturity of the bonds, set aside as a special fund for their payment such percentage of the face value of the bonds as at the date of their maturity shall aggregate their full face value. Where bonds are issued in different series maturing at different times a separate redemption fund shall be provided for each series.

����� 370.180 Tax levy for redemption fund and bond interest. The amount necessary to provide the redemption fund and to pay the annual interest on outstanding bonds shall be added to the general levy of taxes as may be required, which tax shall be levied upon all the taxable property within the county.

����� 370.190 [Repealed by 1967 c.451 �32]

����� 370.200 Loan of redemption funds. Whenever there are sufficient funds on hand in the bond redemption fund, the county treasurer with the approval of the county court may loan any money in the bond redemption fund, secured by first mortgage on improved real estate within the county at six percent interest per year. All applications for such loans shall be made in writing to the county treasurer, shall state the amount of the loan applied for and the security offered and shall be numbered consecutively as received and passed upon by the county court. The county court shall require an abstract of title of property and a written opinion from the district attorney of the county concerning the validity of the title of the lands offered as security. The county court may authorize or reject any loan. No loan shall be made in excess of 50 percent of the assessed valuation of the property offered as security. No expense shall be incurred by the county in loaning any such funds.

����� 370.210 [Repealed by 1967 c.451 �32]

����� 370.220 [Repealed by 1967 c.451 �32]

����� 370.230 [Repealed by 1967 c.451 �32]

����� 370.240 Warrants in lieu of bonds. (1) After the issuance of bonds has been authorized by an election held in accordance with ORS 370.031, 370.120 and 370.130, the county court, in lieu of the issuance of any or all such bonds, may issue warrants drawn upon the county treasury for the purpose of securing any or all funds sought to be secured by the issuance of such bonds.

����� (2) These warrants shall be in denominations of $50, or multiples thereof up to $1,000, and shall bear the same rate of interest as the bonds would bear in lieu of which the warrants are issued.

����� (3) No such warrants shall become due at any specified time, but shall be redeemable by the county at any time in the same manner as other county warrants are redeemed or paid. [Amended by 1983 c.350 �237]

����� 370.250 [Repealed by 1981 c.153 �79]

ORS 383.150

383.150, including the cost of consultants, advisors, attorneys or other professional service providers appointed, retained or approved by the department; and]

����� [(j)] (i) To make improvements or fund efforts on the tollway and on adjacent, connected or parallel highways to the tollway to reduce traffic congestion as a result of a tollway project, improve safety as a result of a tollway project and reduce impacts of diversion as a result of a tollway project.

����� (3) For purposes of paying or securing bonds or providing a guaranty, surety or other security authorized by this section, the department may:

����� (a) Irrevocably pledge all or any portion of the amounts that are credited to, or are required to be credited to, the Toll Program Fund;

����� (b) Establish subaccounts in the Toll Program Fund, and make covenants regarding the credit to and use of amounts in those subaccounts; and

����� (c) Establish separate trust funds or accounts and make covenants to transfer to those separate trust funds or accounts all or any portion of the amounts that are required to be deposited in the Toll Program Fund.

����� (4) Notwithstanding any other provision of ORS 383.001 to 383.245, the department shall not pledge any funds or amounts at any time held in the Toll Program Fund as security for the obligations of a unit of government or a private entity unless the department has entered into a binding and enforceable agreement that provides the department reasonable assurance that the department will be repaid, with appropriate interest, any amounts that the department is required to advance pursuant to that pledge.

����� (5) Moneys in the Toll Program Fund are continuously appropriated to the department for purposes authorized by this section.

����� (6) Notwithstanding subsection (1) of this section, a city, county, district, port or other public corporation organized and existing under statutory law or under a voter-approved charter is not required to deposit into the Toll Program Fund tolls, or other revenues are received from the users of any tollway, that are assessed by a city, county, district, port or other public corporation organized and existing under statutory law or under a voter-approved charter.

����� (7) Moneys in the Toll Program Fund that are transferred from the State Highway Fund or are derived from any revenues under Article IX, section 3a, of the Oregon Constitution, may be used only for purposes permitted by Article IX, section 3a, of the Oregon Constitution.

ROADSIDE REST AREAS

����� SECTION 58. ORS 377.841 is amended to read:

����� 377.841. (1) For the purposes of this section, �roadside rest areas� includes the following roadside rest areas in this state:

����� (a) Suncrest, Interstate 5, near milepost 22.

����� (b) Manzanita, Interstate 5, near milepost 63.

����� (c) Cabin Creek, Interstate 5, near milepost 143.

����� (d) Gettings Creek, Interstate 5, near milepost 178.

����� (e) Oak Grove, Interstate 5, near milepost 206.

����� (f) Santiam River, Interstate 5, near milepost 241.

����� (g) French Prairie, Interstate 5, near milepost 282.

����� (h) Memaloose, Interstate 84, near milepost 73.

����� (i) Boardman, Interstate 84, near milepost 161.

����� (j) Stanfield, Interstate 84, near milepost 187.

����� (k) Deadman Pass, Interstate 84, near milepost 229.

����� (L) Charles Reynolds, Interstate 84, near milepost 269.

����� (m) Baker Valley, Interstate 84, near milepost 295.

����� (n) Weatherby, Interstate 84, near milepost 336.

����� (o) Ontario, Interstate 84, near milepost 377.

����� (p) The Maples, State Highway 22, near milepost 35.

����� (q) Tillamook River, U.S. Highway 101, near milepost 71.

����� (r) Sunset, U.S. Highway 26, near milepost 29.

����� (s) Cow Canyon, U.S. Highway 97, near milepost 69.

����� (t) Beaver Marsh, U.S. Highway 97, near milepost 207.

����� (u) Midland, U.S. Highway 97, near milepost 282.

����� (v) Government Camp, U.S. Highway 26, near milepost 54.

����� (w) Van Duzer Corridor State Park, State Highway 18, near milepost 10.

����� (x) Ellmaker Wayside State Park, U.S. Highway 20, near milepost 32.

����� (y) Peter Skene Ogden State Park, U.S. Highway 97, near milepost 113.

����� (2) The Travel Information Council shall manage, maintain, improve and develop for local economic development and other purposes identified in ORS 377.705 the roadside rest areas listed in subsection (1) of this section.

����� (3) The Department of Transportation and the State Parks and Recreation Department shall:

����� (a) Maintain ownership of the roadside rest areas, except for the Government Camp roadside rest area listed in subsection (1)(v) of this section, that the council manages, maintains, improves and develops pursuant to subsection (2) of this section; and

����� (b) Enter into intergovernmental agreements with the council under which the council has the authority to manage, maintain, improve and develop those roadside rest areas owned by the departments.

����� (4) Under the intergovernmental agreements entered into under subsection (3) of this section, the council shall conduct public contracting activities in accordance with the provisions of ORS 377.836.

����� (5) For the purpose of funding the management, maintenance, improvement and development of roadside rest areas under this section, the Department of Transportation shall allocate to the council, no later than July 1 of each year, [$9.16] $12.16million, from the State Highway Fund.

����� (6) For the purpose of funding the activities described in ORS 377.880, the department shall allocate to the council, no later than January 2 of each year, an amount necessary to carry out the provisions of ORS 377.880, from the Department of Transportation Human Trafficking Awareness Fund established under ORS 377.885.

����� (7) The council may not use any moneys originating from a local transient lodging tax or a state transient lodging tax, as those terms are defined in ORS 320.300, for the purpose of funding the management, maintenance, improvement and development of roadside rest areas under this section.

DIESEL FUEL TAX ADMINISTRATION

����� SECTION 59. ORS 319.010 is amended to read:

����� 319.010. As used in ORS 319.010 to 319.430, unless the context requires otherwise:

����� (1) �Aircraft� means every contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air, operated or propelled by the use of aircraft fuel.

����� (2) �Aircraft fuel� means any gasoline and any other inflammable or combustible gas or liquid by whatever name [such gasoline, gas or liquid] it is known or sold, that is usable as fuel for the operation of aircraft, except gas or liquid, the chief use of which, as determined by the Department of Transportation, is for purposes other than the propulsion of aircraft.

����� (3) �Airport� means any area of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft.

����� (4) �Broker� means [and includes] every person, other than a dealer, engaged in business as a broker, jobber or wholesale merchant dealing in motor vehicle fuel or aircraft fuel.

����� (5) �Bulk transfer� means any change in ownership of motor vehicle fuel or aircraft fuel contained in a terminal storage facility or any physical movement of motor vehicle fuel or aircraft fuel between terminal storage facilities by pipeline or marine transport.

����� (6) �Dealer� means any person who:

����� (a) Imports or causes to be imported motor vehicle fuels or aircraft fuels for sale, use or distribution in, and after the same reaches the State of Oregon, but �dealer� does not include any person who imports into this state motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer under ORS 319.010 to 319.430 and who assumes liability for the payment of the applicable license tax to this state;

����� (b) Produces, refines, manufactures or compounds motor vehicle fuels or aircraft fuels in the State of Oregon for use, distribution or sale in this state;

����� (c) Acquires in this state for sale, use or distribution in this state motor vehicle fuels or aircraft fuels with respect to which there has been no license tax previously incurred; or

����� (d) Acquires title to or possession of motor vehicle fuels or aircraft fuels in this state and exports the product out of this state.

����� (7) �Department� means the Department of Transportation.

����� (8) �Diesel� or �diesel fuel� includes biodiesel and renewable diesel fuel and other diesel fuel blends.

����� [(8)] (9) �Distribution� means, in addition to its ordinary meaning, the delivery of motor vehicle fuel or aircraft fuel by a dealer to any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel or aircraft fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is owned, operated or controlled by the dealer.

����� [(9)] (10) �First sale, use or distribution of motor vehicle fuel or aircraft fuel� means the first withdrawal, other than by bulk transfer, of motor vehicle fuel or aircraft fuel from terminal storage facilities for sale, use or distribution. �First sale, use or distribution of motor vehicle fuel or aircraft fuel� also means the first sale, use or distribution of motor vehicle fuel or aircraft fuel after import into this state if the motor vehicle fuel or aircraft fuel is delivered other than to the terminal storage facilities of a licensed dealer.

����� [(10)] (11) �Highway� means every way, thoroughfare and place, of whatever nature, open for use of the public for the purpose of vehicular travel.

����� [(11)] (12) �Motor vehicle� means all vehicles, engines or machines, movable or immovable, operated or propelled by the use of motor vehicle fuel.

����� [(12)] (13)(a) �Motor vehicle fuel� means [and includes] gasoline, diesel and any other inflammable or combustible gas or liquid, by whatever name [such gasoline, gas or liquid] it is known or sold, that is usable as fuel for the operation of motor vehicles, except gas or liquid[,] the chief use of which, as determined by the department, is for purposes other than the propulsion of motor vehicles upon the highways of this state.

����� (b) �Motor vehicle fuel� does not include dyed diesel as defined in ORS 319.520.

����� [(13)] (14) �Person� includes every natural person, association, firm, partnership, corporation or the United States.

����� [(14)] (15) �Restricted landing area� means any area of land or water, or both, which is used or made available for the landing and takeoff of aircraft, the use of which, except in case of emergency, is provided from time to time by the department.

����� [(15)] (16) �Service station� means [and includes] any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles or aircraft fuel into the fuel tanks of aircraft.

����� [(16)] (17) �Terminal storage facility� means any fuel storage facility that has marine or pipeline access.

����� SECTION 60. ORS 295.103 is amended to read:

����� 295.103. (1) This section applies to the following moneys:

����� (a) Motor vehicle fuel taxes, penalties and interest that are:

����� (A) Imposed on motor carriers; and

����� (B) Payable through a clearinghouse operated under an international fuel tax agreement entered into under ORS 825.555; and

����� (b) Registration fees and other fixed fees and taxes that are:

����� (A) Imposed on motor carriers for motor vehicles proportionally registered in this state and other jurisdictions;

����� (B) Apportioned to this state; and

����� (C) Payable through a clearinghouse operated under an agreement for proportional registration entered into under ORS 826.007.

����� (2) Moneys described in subsection (1) of this section are not public funds for purposes of ORS 295.001 to 295.108 for the period during which the moneys are held by a clearinghouse described in subsection (1) of this section pending disbursement to, or payment on behalf of, the state.

����� SECTION 61. ORS 319.390 is amended to read:

����� 319.390. [Every dealer in motor vehicle fuel shall keep a record in such form as may be prescribed by the Department of Transportation of all purchases, receipts, sales and distribution of motor fuel. The records shall include copies of all invoices or bills of all such sales and shall at all times during the business hours of the day be subject to inspection by the department or its deputies or other officers duly authorized by the department. Upon request from the officials to whom is entrusted the enforcement of the motor fuel tax law of another state, territory, country or the federal government, the department shall forward to such officials any information which it may have relative to the import or export of any motor vehicle fuel by any dealer, provided such other state, territory, country or federal government furnishes like information to this state.]

����� (1) As used in this section:

����� (a) �Department of Transportation� or �department� includes deputies or other officers or representatives duly authorized by the department.

����� (b) �Inspection� means any inspection, audit, examination or test reasonably required in the administration of this section.

����� (c) �Premises� means any premises, equipment, rolling stock or facilities operated or occupied by any dealer or broker.

����� (d) �Records� means any records of purchases, receipts, sales and distribution of motor vehicle fuel, including copies of invoices or bills of such sales, and related books, papers, statements and reports.

����� (2) The Department of Transportation may, at any time during a dealer�s or broker�s business hours, upon demand, enter upon the premises in order to:

����� (a) Conduct an inspection of records and equipment;

����� (b) Set up and use any apparatus or appliance, and occupy necessary space, for the inspection;

����� (c) Verify the completeness, truth and accuracy of any records; and

����� (d) Determine whether the dealer or broker has violated any provision of ORS 319.010 to

ORS 407.120

407.120; 2005 c.625 �23; 2019 c.223 �7]

����� 407.169 Escrow accounts; standards; interest; rules. (1) The Department of Veterans� Affairs shall make escrow accounts available to current and future borrowers and contract purchasers in connection with loan agreements and purchase contracts made under this chapter.

����� (2) Escrow accounts established under this section shall be consistent with general lending and servicing standards for real estate loan agreements in this state and with the standards used by the United States Department of Veterans Affairs and the Federal Housing Administration.

����� (3) Notwithstanding ORS 86.245 (5) and (7), the Department of Veterans� Affairs shall pay interest to a borrower or contract purchaser on funds deposited in the escrow account for the borrower or contract purchaser in the manner and at the rate of interest described in ORS 86.245 (1) to (4).

����� (4) The department shall adopt such rules as the department considers necessary to establish criteria for implementation of this section.

����� (5) As used in this section, �escrow account� means any account which is part of a real estate loan agreement or purchase contract, whether incorporated into the agreement or contract or as part of a separately executed document, whereby the borrower makes periodic prepayment to the department of estimated property taxes and hazard insurance premiums, and the department pays the charges out of the account at the due dates. [1989 c.580 �2; 1995 c.182 �4; 2005 c.625 �24; 2019 c.223 �8]

����� 407.170 [Amended by 1967 c.335 �50; 1981 c.660 �37; renumbered 407.515]

����� 407.175 [Formerly 407.055; repealed by 1995 c.238 �8]

����� 407.177 Loan processing and servicing contracts with lending institutions; terms; procedures. (1) When the Department of Veterans� Affairs considers such contracts necessary to improve the financial condition of the loan program conducted under this chapter, the department is authorized to enter into contracts with lending institutions under which the lending institutions may provide any of the following services:

����� (a) Processing of new loans and purchase contracts; and

����� (b) Management and servicing of new loans and purchase contracts.

����� (2) Contracts entered into by the department under this section may provide that the lending institution:

����� (a) Receive applications for loans for the acquisition of homes or farms under this chapter;

����� (b) Immediately investigate and process an application for a loan as provided by law; and

����� (c) For approved loans or contracts, if requested by the department, service the loan or purchase contract for a period of time specified by the department.

����� (3) When a lending institution, pursuant to a contract authorized by this section, receives an application for a loan for the acquisition of a manufactured home, the lending institution shall investigate and process the application in the manner prescribed in the contract between the lending institution and the department.

����� (4) When a lending institution, pursuant to a contract authorized by this section, investigates and processes a loan application that it considers eligible for approval under this chapter, the lending institution shall notify the department and state the reasons why the loan may be approved under this chapter. The department shall retain final authority to approve or disapprove the loan. If the department disapproves the loan, the department shall notify the lending institution and the applicant of the disapproval and shall indicate the reasons for the disapproval. When the department is satisfied that all requirements for approval of a loan have been met by the applicant and the lending institution and that the property offered as security for the loan protects the interests of the state, the department shall transfer to the lending institution an amount from the Oregon War Veterans� Fund equal to the loan amount approved by the department. The lending institution shall disburse the amount in the manner prescribed by the department. The lending institution shall record the mortgage or trust deed and then shall forward all the original loan documents to the department.

����� (5) All moneys received by a lending institution as payments on principal and interest for loans made under this chapter shall be paid to the department in accordance with the terms of the contract between the department and the lending institution.

����� (6) The department and lending institution shall mutually agree upon the compensation to be paid to the lending institution for services performed under a contract authorized by this section. Such compensation may be a fixed annual payment or a percentage of the amount of each loan or purchase contract processed or serviced by the lending institution under the contract.

����� (7) Contracts entered into under this section are exempt from the requirements of the provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C regarding personal services contracts.

����� (8) As used in this section, �lending institution� means an entity that is licensed to conduct business in the State of Oregon exclusively or in part as a mortgage lender or a conduit for mortgage loans and that, in the judgment of the department, is capable of meeting the needs of the department in carrying out this chapter. [1989 c.746 �2; 1993 c.35 �1; 1995 c.238 �4; 1997 c.802 �18; 1999 c.50 �1; 2003 c.794 �273; 2005 c.625 ��25,26; 2019 c.223 �19]

����� 407.179 Additional powers delegated to lending institution; authority retained by department. In addition to the powers described in ORS 407.177, the Department of Veterans� Affairs also may delegate by contract to a lending institution any of the powers granted to the department in ORS 407.165 and 407.225. The department shall retain final authority to approve or disapprove loans and interpret the duties and responsibilities of borrowers under this chapter. [1989 c.746 �4; 1995 c.238 �5; 2005 c.625 �27]

����� 407.180 [Renumbered 407.525]

����� 407.181 Authority of lending institution. In exercising the authority granted to it by ORS 407.177 to 407.181, a lending institution shall perform only the services that are delegated to it by contract entered into under ORS 407.177, and shall comply with the terms of the contract and applicable laws. [1989 c.746 �3]

����� 407.183 [1967 s.s. c.1 �2; 1967 s.s. c.19 �1; 1969 c.615 �6; renumbered 407.535]

����� 407.185 Cash flow projection; annual review; report. In addition to, and not in lieu of, the audit required by ORS 297.210 the Department of Veterans� Affairs may contract with an independent public accountancy organization for a review of the cash flow projection for the loan program established under this chapter and Article XI-A of the Oregon Constitution and of the assumptions used in developing that projection. The review shall be conducted in accordance with the review guidelines developed by the American Institute of Certified Public Accountants (AICPA). Such contract shall require a written report, copies of which shall be provided to the Governor, the Secretary of State, the State Treasurer, the President of the Senate, and the Speaker of the House of Representatives by the department no later than December 31 of each year. Payment for the services required under the contract shall be paid from funds appropriated for the administration of the department. [1982 s.s.1 c.11 �4; 1989 c.489 �1; 1997 c.35 �1; 1999 c.322 �38; 2005 c.625 �28]

����� 407.186 [1967 s.s. c.1 �3; renumbered

ORS 411.692

411.692.

����� (2) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance pursuant to ORS 411.694 in the deed and mortgage records when performing a title search on real property shall:

����� (a) Provide the state agency that filed the request with a notice of transfer or encumbrance of the real property within 30 days of a transfer or encumbrance that results in the issuance of a certificate of title insurance; and

����� (b) Disclose the presence of the request for notice of transfer or encumbrance in any report preliminary to, or any commitment to offer, a certificate of title insurance for the real property.

����� (3) If the Department of Human Services or the Oregon Health Authority has caused to be recorded a termination of request for notice of transfer or encumbrance in the deed and mortgage records, a title insurance company or agent is no longer required to provide the notice of transfer or encumbrance required by subsection (2)(a) of this section for the affected real property.

����� (4) A title insurance company or agent shall use the form adopted under ORS 411.694 or a form substantially similar to that form when providing the notice required by subsection (2)(a) of this section. [2003 c.638 �3; 2011 c.720 �54]

����� Note: 93.268 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.

����� 93.269 Declaration or covenant related to future fees, commissions or payments to declarant; recording; exceptions. (1) An instrument that conveys, or contracts to convey, a fee simple interest in real property may not cause, or purport to cause, a declaration or covenant to be filed or recorded against the title to the real property if the declaration or covenant requires, or purports to require, the payment of a fee, commission or other payment to the declarant or to another person specified in the declaration or covenant, or to the declarant�s or other person�s successors or assigns, upon a transfer of a fee simple interest in the property.

����� (2) A declaration or covenant that requires, or purports to require, the payment of a fee, commission or other payment upon the transfer of a fee simple interest in real property to the declarant or other person specified in the declaration or covenant, or to the declarant�s or other person�s successors or assigns, upon a transfer of a fee simple interest in the property or that otherwise violates subsection (1) of this section, is void.

����� (3) Subsections (1) and (2) of this section do not apply to the following:

����� (a) An instrument that conveys or contracts to convey a fee simple interest in real property that provides for a grantee to pay consideration to a grantor for the interest in real property being transferred, including but not limited to any subsequent additional consideration for the property the grantee must pay based upon any subsequent appreciation, development or sale of the property.

����� (b) A requirement in a mortgage loan agreement for paying mortgage principal, interest and fees upon sale of the property by the mortgagee.

����� (c) A limited liability company, limited liability partnership, corporation, joint venture or partnership agreement in which a member, shareholder, joint venturer or partner contributes real property to the limited liability company, limited liability partnership, corporation, joint venture or partnership.

����� (d) An agreement that provides for a series of related transfers of the fee simple interest in a real property, if the agreement identifies with specificity the price of the transferred interest, all consideration given, party names and other essential terms for each transfer of interest that is part of the series.

����� (e) An affordable housing covenant, servitude, easement, condition or restriction in a deed, declaration, land sale contract, loan agreement, promissory note, trust deed, mortgage, security agreement or other instrument, including but not limited to instruments created as provided under ORS 456.270 to 456.295 if:

����� (A) The proceeds of any fee, commission or other payment to a declarant or to another person specified in the instrument, or to the declarant�s or other person�s successors or assigns, are used exclusively to benefit the property, or to support activities that directly benefit the residents of the property, that is subject to the instrument; and

����� (B) The instrument is executed by:

����� (i) A public body as defined in ORS 174.109;

����� (ii) An agency of the United States;

����� (iii) A public benefit corporation, religious corporation or foreign corporation, all as defined in ORS 65.001, if the purposes of the corporation include providing affordable housing for low income households and moderate income households as those terms are defined in ORS 456.270;

����� (iv) A limited liability company, as defined in ORS 63.001, that has a membership composed of one or more corporations described in sub-subparagraph (iii) of this subparagraph;

����� (v) A consumer housing cooperative as defined in ORS 456.548;

����� (vi) A manufactured dwelling park nonprofit cooperative, as defined in ORS 62.803; or

����� (vii) A federally recognized Indian tribe.

����� (f) A requirement for the payment of a fee to:

����� (A) A homeowners association as defined in ORS 94.550;

����� (B) An association of unit owners as defined in ORS 100.005;

����� (C) A managing entity of a timeshare plan, as those terms are defined in ORS 94.803;

����� (D) Any other owners� association that is governed by recorded covenants, conditions and restrictions; or

����� (E) An agent for an association or managing entity described in subparagraphs (A) to (D) of this paragraph.

����� (g) An agreement between a real estate licensee and a grantor or grantee that provides for any commission payable to the real estate licensee for the transfer of the real property. [2009 c.298 �1; 2015 c.436 �1]

����� Note: 93.269 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.

����� 93.270 Certain restrictions in instruments prohibited; restriction on right of action. (1) A person conveying or contracting to convey fee title to real property, or recording a declaration under ORS 94.580, may not include in an instrument for that purpose a provision:

����� (a) Restricting the use of the real property by any person or group of persons by reason of race, color, religion, sex, sexual orientation, gender identity, national origin or disability.

����� (b) Restricting the use of the real property:

����� (A) As a certified or registered family child care home pursuant to ORS 329A.250 to

ORS 411.926

411.926; 2005 c.242 �1; 2011 c.272 �8; 2014 c.49 �5; 2017 c.185 �27; 2017 c.297 �5a]

����� 660.324 Duties of state board; state plan for workforce development system. (1) The State Workforce and Talent Development Board shall identify:

����� (a) Key industries in this state and the workforce skills needed for key industries to grow and thrive;

����� (b) In collaboration with workforce representatives, needs for education, training, work experience, and job preparation to ensure Oregonians access to stable high-wage jobs and employment advancement; and

����� (c) Opportunities for partnerships with key industry sectors to coordinate workforce development, economic development and education in response to industry and workforce needs.

����� (2) The board shall assist the Governor in:

����� (a) Developing Oregon�s workforce development system;

����� (b) Ensuring timely consultation and collaboration with chief elected officials, local workforce development boards and other workforce stakeholders, including but not limited to business and labor organizations and organizations working with persons with disabilities, persons living at or below 100 percent of the federal poverty guidelines and the chronically unemployed and underemployed;

����� (c) Reviewing and approving local workforce plans;

����� (d) Developing, as required by the federal Act, allocation formulas for the distribution of funds to local workforce development areas for adult employment and training activities and for youth activities that are developed by the local workforce development boards;

����� (e) Working with local workforce development boards to increase efficiencies and align workforce programs and services with local needs;

����� (f) Recommending the duties and responsibilities of state agencies to implement the federal Act, to avoid conflicts of interest and to capitalize on the experience developed by workforce partners that are efficient and effective at meeting the requirements of the federal Act;

����� (g) Participating in the development of a coordinated statewide system of activities and services that includes both mandatory and optional partners of the one-stop delivery system, as provided in the federal Act;

����� (h) Providing for the development, accountability and continuous improvement of comprehensive workforce performance measures to assess the effectiveness of the workforce development activities in this state;

����� (i) Developing a statewide employment statistics system, as described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49L-2(e)); and

����� (j) Preparing an annual report and submitting it to the United States Department of Labor.

����� (3) The State Workforce and Talent Development Board, in partnership with the Governor, shall establish criteria for use by chief elected officials in appointing members to local workforce development boards in accordance with the requirements of section 3122 of the federal Workforce Innovation and Opportunity Act. The State Workforce and Talent Development Board shall establish the following requirements:

����� (a) To transact business at a meeting of a local workforce development board, a quorum of members must participate. A quorum shall consist of a majority of the members. At least 25 percent of the members participating must be representatives of business.

����� (b) When appropriate and upon a request from the chief elected official of a county or the City of Portland, the State Workforce and Talent Development Board shall consider the county or the City of Portland to be a candidate for designation as a local workforce development area. The board shall consult with the county or the City of Portland before designating the county or the City of Portland as a local workforce development area. After considering the criteria in section 3121 of the federal Act for designating local workforce development areas, chief elected officials may submit a request to the board to combine their units of government into a local workforce development area. The board shall make recommendations to the Governor about the designation of local workforce development areas. Only the Governor may designate local workforce development areas. The Governor must show just cause for not designating a requested local workforce development area. A county or the City of Portland may submit an appeal to the board, as provided in section 3121 of the federal Act, if the Governor does not grant the county�s or the city�s request to designate a local workforce development area.

����� (4) The State Workforce and Talent Development Board shall provide guidance and direction to local workforce development boards in the development of local workforce plans. The State Workforce and Talent Development Board shall adopt policies that:

����� (a) Require each local workforce development board, in partnership with its chief elected officials and in accordance with section 3123 of the federal Act, to develop and submit to the Governor and the State Workforce and Talent Development Board a strategic local workforce plan that includes, but is not limited to, performance goals; and

����� (b) Permit each local workforce development board, in consultation with its chief elected officials:

����� (A) To determine, consistent with the requirements of the federal Act, the appropriate level of services based on the workforce needs in the local workforce development area; and

����� (B) To designate or certify one-stop operators and to terminate for cause the eligibility of such operators.

����� (5) The State Workforce and Talent Development Board may charter and enter into performance compacts with local workforce development boards.

����� (6) The State Workforce and Talent Development Board shall:

����� (a) Function as the primary advisory committee to the Employment Department in conjunction with the Employment Department Advisory Council established under ORS 657.695;

����� (b) Collaborate with other advisory bodies also tasked with workforce development, including but not limited to the Oregon State Rehabilitation Council, the Commission for the Blind, the State Apprenticeship and Training Council and the Higher Education Coordinating Commission;

����� (c) Work with the Oregon Business Development Commission to identify areas of common interest to efficiently align resources, recommend common strategies and provide accountability for reaching statewide goals; and

����� (d) Hold state workforce agencies and local workforce development boards accountable for meeting performance goals and system outcomes.

����� (7) The State Workforce and Talent Development Board shall convene, engage and coordinate with senior executives of identified key industries in this state, the Oregon Business Development Commission, the Higher Education Coordinating Commission, the Department of Education, the Bureau of Labor and Industries, the STEM Investment Council, local workforce development boards, the Employment Department, the Department of Human Services, the Commission for the Blind, the Youth Development Council and any other partners from training or workforce development entities in this state to:

����� (a) Determine needs across identified key industries in this state, including challenges and opportunities in developing and growing relevant talent pipelines;

����� (b) Ensure that the talent pipeline development infrastructure includes:

����� (A) A listening process to collect workforce needs of employers from identified key industries in this state;

����� (B) Curriculum alignment for high-demand occupation skill needs;

����� (C) Prediction and monitoring of national trends relating to high-demand industries and occupations;

����� (D) Occupation-aligned education and training options with a clearly articulated progression;

����� (E) Skills assessments; and

����� (F) Academic career counseling;

����� (c) Utilize sector partnerships to:

����� (A) Advise the development of career pathway programs for critical occupations in identified key industries in this state; and

����� (B) Ensure the coordination of education, economic development, business and workforce initiatives between key partners to develop a strong talent pipeline;

����� (d) Leverage and optimize existing measures and data systems to improve systems alignment and interagency communication; and

����� (e) Ensure state alignment and coordination between industry sector partnerships and initiatives in the local workforce development areas.

����� (8)(a) Every biennium, the State Workforce and Talent Development Board shall coordinate and collaborate with entities listed under subsection (7) of this section to create a single, unified state Workforce and Talent Development Plan.

����� (b) The Workforce and Talent Development Plan must include:

����� (A) A strategy, with quantitative goals, for the statewide workforce development system for the State of Oregon in accordance with section 3111 of the federal Workforce Innovation and Opportunity Act;

����� (B) Quantifiable goals designed to promote Oregonians� self-sufficiency and that will empower Oregonians to gain independence from public assistance and move up the socioeconomic ladder;

����� (C) Expectations for performance and the priorities for delivery of services to local workforce development boards and state workforce agencies;

����� (D) Industry-based information and data from the Employment Department and other agencies and entities listed in subsection (7) of this section related to talent needs and gaps;

����� (E) Analysis of data regarding the skills required for identified key industry jobs;

����� (F) Information regarding the status of career pathway programs targeted at identified key industries in this state;

����� (G) Recommendations related to advancing talent pipeline and career pathways development based on the identified talent issues and trends;

����� (H) Recommendations regarding the alignment and consistency of data nomenclature, collection practices and data sharing;

����� (I) Utilization and, as appropriate, expansion of existing data-sharing agreements between agencies and partners;

����� (J) Identification of talent issues and trends related to identified key industries in this state that are in strategic alignment with state and local workforce and economic priorities;

����� (K) Identification and prioritization of the urgent talent gaps of identified key industries in this state;

����� (L) A response to immediate talent needs through the creation of additional opportunities for Oregonians to pursue education and training in disciplines critical to the advancement of identified key industries in this state;

����� (M) Ways to strengthen efforts to enhance student work experience and job preparedness in high-demand and critical occupations;

����� (N) New means of delivering workforce training and proficiency-based education to enhance program efficiency, upgrading and sharing resources and facilities and improving student outcomes and access to typically underrepresented populations while meeting talent needs of traded sector and high growth industries; and

����� (O) Ways to increase the skills of the existing professional and technical workforce, including the issuance of certifications, badges and industry-based credentials.

����� (c) The State Workforce and Talent Development Board shall:

����� (A) Update the plan every biennium; and

����� (B) Submit a report about the plan every year to:

����� (i) The Governor; and

����� (ii) The Legislative Assembly in the manner provided by ORS 192.245. [Formerly 411.929; 2005 c.242 �2; 2014 c.49 �6; 2015 c.774 ��35,65; 2017 c.185 ��28,29; 2017 c.297 ��7a,7b; 2021 c.97 �73]

����� 660.327 Duties of local workforce development boards. In accordance with section 3122 of the federal Act, each local workforce development board shall:

����� (1) Consistent with section 3123 of the federal Act, in partnership with the chief elected official for the local area involved, develop and submit a local plan to the Governor. The local plan must:

����� (a) Be developed by the local workforce development board with local workforce partners;

����� (b) Identify strategies and outcomes that the local workforce development board will implement in the local workforce development area;

����� (c) Make all parties to the local plan accountable for carrying out the strategies and achieving the outcomes identified in the local plan; and

����� (d) Be submitted to and approved by the State Workforce and Talent Development Board.

����� (2) Consistent with section 3151(d) of the federal Act, with the agreement of the chief elected official, designate or certify one-stop operators as described in section 3151(d)(2)(A) of the federal Act and may terminate for cause the eligibility of such operators.

����� (3) Consistent with section 3153 of the federal Act, identify eligible providers of youth activities in the local area and award grants or contracts on a competitive basis to those providers, based on recommendations of a youth council.

����� (4) Consistent with section 3152 of the federal Act, identify eligible providers of training services described in section 3174(d)(4) of the federal Act.

����� (5) Subject to the approval of the chief elected official, develop a budget for the purpose of carrying out the duties of the local workforce development board under section 3122 of the federal Act.

����� (6) In partnership with the chief elected official, provide oversight of local programs of youth activities authorized under section 3164 of the federal Act, local employment and training activities authorized under section 3174 of the federal Act and the one-stop delivery system in the local area.

����� (7) With the chief elected official and the Governor, negotiate and reach agreement on local performance measures as described in section 3141(c) of the federal Act.

����� (8) Coordinate the workforce development activities authorized under the federal Act and carried out in the local area with economic development strategies and develop other employer linkages with such activities.

����� (9) Promote the participation of private sector employers in the statewide workforce development system and ensure the effective provision, through the system, of connecting, brokering and coaching activities, through intermediaries such as the one-stop operator in the local area or through other organizations, to assist such employers in meeting hiring needs. [2001 c.684 �12; 2014 c.49 �7; 2017 c.185 �30; 2017 c.297 �8]

����� 660.329 Wage standards for participants of workforce programs funded by certain state and federal funds. (1) This section applies to an entity that provides paid work experience to an individual participating in a workforce program that is funded in whole or in part by the following sources:

����� (a) State funds that are allocated to and made available for reallocation by local workforce development boards to the entity for workforce programs.

����� (b) Funds allotted to the state pursuant to the federal Workforce Innovation and Opportunity Act that are allocated to and available for reallocation by local workforce development boards to the entity for workforce programs in accordance with the federal Workforce Innovation and Opportunity Act.

����� (2)(a) An entity described in subsection (1) of this section shall:

����� (A) Notwithstanding ORS 653.025, pay wages to individuals participating in the program at a rate that is:

����� (i) Equivalent to an entry-level training wage as determined by the entity pursuant to paragraph (b) of this subsection; and

����� (ii) In alignment with the wage progression schedule established by the entity under subparagraph (B) of this paragraph;

����� (B) Establish a wage progression schedule that includes the step progression requirements and the rate calculation formula upon which the entity shall make determinations about a participating individual�s eligibility to increase the individual�s wage rate from an entry-level training wage to a wage rate that is equivalent to the average area wage standard for an hour�s work in the same trade or occupation in the locality where the labor is performed;

����� (C) Develop a training plan for individuals participating in the program that includes, at a minimum:

����� (i) The entry-level training wage that will be paid to the individual;

����� (ii) A statement that the individual shall be paid according to the wage progression schedule established by the entity, along with a description of the requirements that the individual must meet in order to progress to a higher wage rate under the wage progression schedule;

����� (iii) A statement that the entry-level training wage paid to the individual may not be less than the federal minimum wage rate or the applicable state minimum wage rate, whichever is greater; and

����� (iv) A statement explaining that the entry-level training wage paid to the individual is a minimum standard and that a higher wage rate shall be paid to the individual if so required under other applicable federal or state laws, regulations or a collective bargaining agreement; and

����� (D) Provide each individual participating in the program with a copy of the training plan described in subparagraph (C) of this paragraph on the date on which the individual first begins participating in the program.

����� (b) For purposes of paragraph (a)(A) of this subsection, the entry-level training wage shall be a percentage amount of the average area wage standard for an hour�s work in the same trade or occupation in the locality where the labor is performed, but in no event may the entry-level training wage be less than the applicable state minimum wage rate under ORS 653.025.

����� (c) Each individual who performs work for an entity described in this section shall be considered an employee of the entity for purposes of state wage and hour laws and state laws prohibiting employment discrimination and retaliation. [2023 c.343 �2]

����� 660.330 One-stop delivery system; service providers. (1) The State Workforce and Talent Development Board and local workforce development boards shall ensure that Oregon�s one-stop delivery system under the federal Workforce Innovation and Opportunity Act is the foundation of local service delivery to employers and participants.

����� (2) One-stop partners shall include, but are not limited to, those described in section 3151 of the federal Act and programs referenced under section 3151(b) of the federal Act.

����� (3) This section does not restrict the authority of local workforce development boards to select providers and one-stop operators, or to set goals or policies, under the federal Act. [Formerly 411.935; 2017 c.185 �31; 2017 c.297 �9]

����� 660.333 Use of funds; one-stop delivery system services. (1) The State Workforce and Talent Development Board shall advise the Governor as required under section 3111 of the federal Workforce Innovation and Opportunity Act and on matters pertaining to the use of funds under section 3174 of the federal Act.

����� (2) As a part of the core services required by section 3174(c)(2)(A)(vi)(I) of the federal Act, the one-stop delivery system, as described in section 3151(e) of the federal Act, shall provide timely listings of all job opportunities, consistent with statute or rule, to a participant immediately upon application by the participant for services offered by the one-stop delivery system.

����� (3) Intensive services offered by the one-stop delivery system may include drug and alcohol rehabilitative services meeting minimum standards established pursuant to ORS

ORS 414.665

414.665.

����� (6) The commission has the authority to contract for services, lease, acquire, hold, own, encumber, insure, sell, replace, deal in and with and dispose of real and personal property in its own name.

����� (7) As used in this section, �community health worker,� �coordinated care organization� and �personal health navigator� have the meanings given those terms in ORS 414.025. [2001 c.901 �3; 2007 c.70 �180; 2007 c.797 �4; 2010 c.100 �8; 2011 c.602 �23; 2014 c.116 �6; 2015 c.796 ��6,7; 2018 c.75 �6]

����� 410.605 Private pay home care worker program; rules. (1) This section establishes a program, administered by the Home Care Commission, to enable private individuals to purchase home care services from the commission through the home care registry. The commission shall administer the program in a manner that:

����� (a) Builds and strengthens the home care workforce that provides home care services to medical assistance recipients by offering home care workers the opportunity to obtain additional work from private payers and by attracting additional home care workers to the home care registry;

����� (b) Provides an opportunity for the rapidly growing population of elderly individuals and individuals with disabilities in this state, who are not eligible for medical assistance, to obtain high quality and affordable home care services from qualified, committed, experienced and well-trained home care workers;

����� (c) Protects medical assistance recipients� access to and receipt of home care services; and

����� (d) Ensures that this state incurs no liability for the costs of home care services purchased by private payers through the program, or for any other associated program costs, that exceed the amount of revenue generated by the payments described in subsection (5) of this section.

����� (2) The commission shall establish by rule the types and scope of home care services or other services that may be offered through the program. The commission shall make available to consumers and potential consumers of home care services, information about the scope of the services offered through the program, about the long term care services and support that are not available through the program and about other community resources that are available to individuals seeking long term care services and support.

����� (3) The commission shall adopt standards for home care services offered through the program. The standards, to the greatest extent practicable, shall be compatible with the standards for home care services reimbursed as medical assistance and by in-home care agencies licensed under ORS 443.315.

����� (4) Private payers purchasing home care services through the program must complete a standard assessment instrument prescribed by the commission that evaluates the capacity and willingness of the individual receiving services, or a person selected by the individual to act on the individual�s behalf, to effectively manage and direct the home care services. A private payer and a private pay home care worker must enter into a written service plan based on the assessment instrument that is consistent with the private pay home care worker�s capabilities, training and experience. The standard assessment instrument must be completed prior to the commencement of services.

����� (5) The commission shall establish payment rates for home care services purchased by private payers through the home care registry and shall publish the rates online, showing the projected cost of each component included in calculating the payment rates. The commission shall establish the rates at levels expected to generate total revenue sufficient to reimburse up to 107 percent of the costs associated with the program including, but not limited to, the costs for:

����� (a) Screening, registering and training private pay home care workers and maintaining and expanding the home care registry;

����� (b) Hiring additional staff;

����� (c) Providing referrals of private pay home care workers to private payers;

����� (d) Paying the private pay home care workers� wages;

����� (e) Paying payroll taxes;

����� (f) Paying for health insurance and employee benefits, either directly or through a trust account;

����� (g) Processing payments from private payers and payments to private pay home care workers;

����� (h) Paying workers� compensation and unemployment insurance;

����� (i) Publicizing the availability of the home care registry; and

����� (j) Other activities undertaken to ensure the quality of private pay home care workers, the adequate provision of home care services and other administrative expenses associated with the program.

����� (6) A private payer who purchases home care services through the program shall pay the commission in advance for the services.

����� (7) The commission shall establish the wage rates, pay the wages and provide for employee benefits for private pay home care workers. A private pay home care worker may not accept any additional compensation for hours of work that were compensated by the program.

����� (8) Private pay home care workers are subject to the same requirements as home care workers providing services reimbursed as medical assistance with respect to:

����� (a) Home care worker qualifications;

����� (b) Application and enrollment in the home care registry; and

����� (c) Suspension or termination of enrollment in the registry.

����� (9) The commission may specify requirements and procedures, in addition to those described in subsection (8) of this section, for private pay home care workers.

����� (10) The commission, with the assistance of the Department of Human Services, may conduct periodic evaluations of private pay home care workers, or take other measures to determine whether the private pay home care workers continue to meet provider enrollment requirements or for other appropriate purposes.

����� (11)(a) If revenue generated by the payments described in subsection (5) of this section is insufficient to pay the costs of home care services purchased by private payers through the program, and other costs associated with administering the program, the commission may modify the payment rates described in subsection (5) of this section as necessary to generate sufficient revenue to pay the costs.

����� (b) If the commission determines that modifying the payment rates will not generate sufficient revenue to pay the costs of the program, the commission may suspend the program following 30 days advance written notice to private payers and home care workers participating in the program.

����� (c) If the commission suspends the program under paragraph (b) of this subsection, the commission shall report to the Legislative Assembly in the manner provided in ORS 192.245, no later than 30 days after the suspension begins:

����� (A) The reasons for the suspension;

����� (B) Any costs incurred by this state that exceed the revenue generated by the payments described in subsection (5) of this section; and

����� (C) Any additional costs, during the remainder of the biennium in which the suspension occurs, that are anticipated to exceed the revenue generated by the payments described in subsection (5) of this section. [2014 c.116 �2]

����� 410.606 Referral of qualified individuals on home care registry. (1)(a) The Department of Human Services, an area agency, other public agency or support services brokerage shall provide to an individual seeking a home care worker or a personal support worker names of qualified individuals, in the appropriate geographic area, who have been placed on the home care registry.

����� (b) The Home Care Commission may adopt criteria for referrals in order to ensure the effective delivery of home care services from qualified, committed, experienced and well-trained home care workers and personal support workers and to ensure that, for private pay home care workers, the requirements of ORS 410.605 are met.

����� (2) To facilitate the development and maintenance of the home care registry and any training opportunity offered by the commission, and to meet the requirements of providing workers� compensation, the department, the Oregon Health Authority, area agencies, other public agencies and support services brokerages shall report to the commission:

����� (a) The name and address of any home care worker or personal support worker:

����� (A) Who provides home care services;

����� (B) Whose compensation is funded in whole or in part with state funds; and

����� (C) Who is not listed on the registry;

����� (b) The name of the program under which the home care worker or personal support worker provides the home care services;

����� (c) Any other data required by the commission for training and registry purposes; and

����� (d) Any other data required for workers� compensation purposes.

����� (3) If necessary to collect the information required by subsection (2) of this section:

����� (a) The commission shall request the required information from the department, the authority or any agency or support services brokerage that provides or arranges payroll services for home care workers or personal support workers; and

����� (b) The department, authority, agency or support services brokerage shall provide the commission with the requested information.

����� (4) If the commission, with the assistance of the department, determines that the supply of home care workers is inadequate to meet the needs of medical assistance recipients who qualify for home care services, the commission may suspend or reduce the number of referrals of home care workers under the program described in ORS 410.605. [2001 c.901 �4; 2010 c.100 ��4,7,11; 2014 c.116 �7; 2018 c.75 �12]

����� 410.607 Home care and personal support worker classifications and payment rates. (1) The Home Care Commission shall convene a subcommittee of the commission to define and establish classifications of home care workers and personal support workers. The classifications shall be based on the worker�s training, level of skill and the scope of the services provided by the worker.

����� (2) The commission shall establish payment rates for each classification of home care worker participating in the program described in ORS 410.605. [2014 c.116 �4; 2018 c.75 �13]

����� Note: 410.607 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 410 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 410.608 Selection of home care or personal support worker; right to terminate employment; eligibility determination made by Department of Human Services. (1) An elderly person or a person with a disability who hires a home care worker or personal support worker has the right to select the home care worker or personal support worker, including a family member.

����� (2) An elderly person or a person with a disability who hires a home care worker or personal support worker has the right to terminate the employment of the home care worker or personal support worker at any time and for any reason.

����� (3) The Department of Human Services shall determine the eligibility of an elderly person or a person with a disability to receive home care services under the Medicaid program and state-funded long term care services. [2001 c.901 �5; 2007 c.70 �181; 2018 c.75 �14]

����� 410.610 [1981 c.183 �1; 1987 c.428 �27; 1989 c.721 �50; renumbered 124.050 in 1995]

����� 410.612 Collective bargaining. (1) For purposes of collective bargaining under ORS 243.650 to 243.809, the Home Care Commission is the employer of record for home care workers and personal support workers.

����� (2) Except as provided in ORS 410.614 and 410.619, home care workers and personal support workers may not be considered to be employees of the State of Oregon, an area agency, a support services brokerage or other public agency.

����� (3)(a) The Oregon Department of Administrative Services shall represent the commission in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of home care workers and personal support workers. The department is authorized to agree to terms and conditions of collective bargaining agreements on behalf of the commission and the Department of Human Services.

����� (b) The Oregon Department of Administrative Services shall report to the legislative review agency, as defined in ORS 291.371, on any new or changed provisions relating to compensation in a collective bargaining agreement negotiated under this section. [2001 c.901 �6; 2014 c.116 �8; 2018 c.75 �15; 2020 s.s.2 c.10 �6]

����� 410.614 Rights of home care and personal support workers. (1) Notwithstanding ORS 243.650 (19) and (20), the Home Care Commission shall be considered a public employer and home care workers and personal support workers shall be considered public employees governed by ORS 243.650 to 243.809.

����� (2) Home care workers and personal support workers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with the commission on matters concerning employment relations. These rights shall be exercised in accordance with the rights granted to public employees with mediation and interest arbitration under ORS 243.742 as the method of concluding the collective bargaining process.

����� (3) Home care workers and personal support workers are not public employees with respect to the Public Employees Retirement System, the Oregon Public Service Retirement Plan or the Public Employees� Benefit Board.

����� (4) Home care workers and personal support workers do not have the right to strike. [2001 c.901 �7; 2014 c.116 �9; 2018 c.75 �16]

����� 410.619 Home care and personal support workers not state employees; exception. (1) A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state�s liability for the actions of the home care worker or personal support worker.

����� (2) The state shall be deemed an employer of home care workers or personal support workers for the purposes of:

����� (a) ORS 410.605,

ORS 427.115

427.115, 427.121, 427.154, 427.215, 430.662 and 430.664:

����� (1) �Community living setting� means:

����� (a) A residential setting;

����� (b) An individual�s home or the home of the individual�s family; or

����� (c) Other nonresidential setting.

����� (2) �Developmental disability services� means the following services as provided for individuals with intellectual or developmental disabilities:

����� (a) Services designed to develop or maintain the individual�s skills in the following areas:

����� (A) Eating, bathing, dressing, personal hygiene, mobility and other personal needs;

����� (B) Self-awareness and self-control, social responsiveness, social amenities, interpersonal skills, interpersonal relationships and social connections;

����� (C) Community participation, recreation and the ability to use available community services, facilities or businesses;

����� (D) Expressive and receptive skills in verbal and nonverbal language, the functional application of acquired reading and writing skills and other communication needs; and

����� (E) Planning and preparing meals, budgeting, laundering, housecleaning and other personal environmental needs;

����� (b) Case management;

����� (c) Services described in ORS 430.215;

����� (d) Employment services;

����� (e) Environmental accessibility adaptations;

����� (f) Specialized supports; and

����� (g) Specialized medical equipment and supplies.

����� (3) �Employment services� means services provided to develop or maintain the skills necessary for an individual to obtain and retain employment, including job assessment, job exploration, job development, job training, job coaching, work skills, and ongoing supports.

����� (4) �Environmental accessibility adaptations� means physical modifications to an individual�s home that are necessary to ensure the health, welfare and safety of the individual in the home, or that enable the individual to function with greater independence in the home.

����� (5) �Individualized service plan� means a plan described in ORS 427.107 (2)(i), (j) and (k) that identifies the resources, services and purchases necessary for an individual with a developmental disability to achieve identified personal goals and maximize self-determination.

����� (6) �Person-centered planning� means an informal or formal process for gathering and organizing information that helps an individual to:

����� (a) Enhance self-determination by choosing personal goals and lifestyle preferences;

����� (b) Design strategies and networks of support to achieve personal goals and a preferred lifestyle using individual strengths, relationships and resources; and

����� (c) Identify, use and strengthen naturally occurring opportunities for support in the home and in the community.

����� (7) �Residential setting� means one of the following community living settings licensed or regulated by the Department of Human Services:

����� (a) Residential facilities licensed under ORS 443.400 to 443.455;

����� (b) Licensed adult foster homes, as defined in ORS 443.705;

����� (c) Developmental disability child foster homes certified under ORS 443.835;

����� (d) Group homes; and

����� (e) Supported living programs.

����� (8) �Self-determination� means empowering individuals to:

����� (a) Make their own choices and decisions;

����� (b) Select and plan, together with freely chosen family members and friends, the developmental disability services that are necessary for an individual to live, work and recreate in the setting that the individual chooses and in the community;

����� (c) Control, or have input regarding, the manner in which resources are used to obtain needed services and supports, with the help of a social support network if needed;

����� (d) Live an autonomous life in the community, rich in community affiliations, through formal or informal arrangements of resources and personnel and contribute to their community in the ways they choose;

����� (e) Have a valued role in the community through competitive employment, organizational affiliations, personal development and general caring for others in the community, and to be accountable for spending public dollars in ways that are life-enhancing for the individual; and

����� (f) Speak or act on their own behalf or on behalf of others, including participating in policy-making and legislative processes.

����� (9) �Service provider� means any person who is paid a service rate by the department to provide one or more of the services identified in the individualized service plan of an individual with an intellectual or developmental disability regardless of where the service is provided.

����� (10) �Service rate� means the amount of reimbursement paid to a service provider to care for an individual with an intellectual or developmental disability.

����� (11)(a) �Specialized medical equipment and supplies� means:

����� (A) Devices, aids, controls, supplies or appliances that enable individuals:

����� (i) To increase their ability to perform activities of daily living; or

����� (ii) To perceive, control or communicate with the environment in which they live;

����� (B) Items necessary for life support, including ancillary supplies and equipment necessary to the proper functioning of these items; and

����� (C) Medical equipment not available in the medical assistance program.

����� (b) �Specialized medical equipment and supplies� does not include items that have no direct medical or remedial benefit to the individual.

����� (12) �Specialized supports� means treatment, training, consultation or other unique services that are not available through the medical assistance program but are necessary to achieve the goals identified in the individualized service plan, or other developmental disability services prescribed by the department by rule.

����� (13) �Support service brokerage� means an entity that contracts with the department to provide or to arrange for developmental disability services. [Formerly 427.400; 2019 c.276 �1; 2023 c.339 �11]

����� 427.104 Developmental disability services; rules. The Department of Human Services, with funds appropriated for that purpose by the legislature, shall:

����� (1) Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services;

����� (2) Provide consultation and training to community developmental disabilities programs in determining eligibility for developmental disability services;

����� (3) Develop and periodically revise rules for determining eligibility for developmental disability services;

����� (4) Coordinate diagnostic evaluations statewide to minimize duplication of tests and examinations; and

����� (5) Provide consultation to appropriate agencies and individuals regarding persons evaluated to receive developmental disability services. [1953 c.631 �1; 1965 c.339 �21; 1971 c.74 �1; 1979 c.683 �13; 2001 c.900 �129; 2009 c.595 �437; 2011 c.658 �9; 2013 c.36 �5]

����� 427.105 Diagnostic evaluations; contents; purpose; rules. (1) Pursuant to rules of the Department of Human Services, a diagnostic evaluation conducted to determine eligibility for developmental disability services may include, but is not limited to, the following:

����� (a) A social history;

����� (b) A psychological evaluation, including an appropriate individual test of intellectual capacity, an academic achievement test, a social development assessment and an adaptive behavior assessment; and

����� (c) A medical evaluation including, if practicable, prenatal, natal, early postnatal and other past and family history.

����� (2) The diagnostic evaluation shall also attempt to determine the existence of a developmental disability, such as an intellectual disability, epilepsy, cerebral palsy or autism, and specific learning disorders and to outline the most appropriate services for the treatment and training of the person, whether those services are immediately available or not.

����� (3) A facility approved by the department to conduct diagnostic evaluations may contract with qualified persons to perform components of the evaluation. [1979 c.683 �14; 2013 c.36 �6]

����� 427.106 [1953 c.631 �2; 1965 c.339 �22; 1969 c.53 �1; repealed by 1979 c.683 �37]

(Rights of Persons Receiving Services)

����� 427.107 Rights of persons receiving developmental disability services; rules. (1) As used in this section:

����� (a) �Facility� means any of the following that are licensed or certified by the Department of Human Services or that contract with the department for the provision of services:

����� (A) A health care facility as defined in ORS 442.015;

����� (B) A domiciliary care facility as defined in ORS 443.205;

����� (C) A residential facility as defined in ORS 443.400; or

����� (D) An adult foster home as defined in ORS 443.705.

����� (b) �Person� means an individual who has an intellectual or developmental disability as defined in ORS 427.005 and receives services from a program or facility.

����� (c) �Program� means a community developmental disabilities program as described in ORS

ORS 427.255

427.255, the director of the facility retaining custody of a person alleged to be in need of commitment for residential care, treatment and training shall fully advise the court of all treatment known to have been administered to the person after a citation has been issued to the person. [1979 c.683 �22; 2009 c.595 �446; 2011 c.658 �19]

����� 427.285 Witnesses required at hearing; cross-examination. The investigator and other appropriate persons or professionals as necessary shall appear at the hearing and present the evidence. The person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training shall have the right to cross-examine all witnesses, the investigator and the representative. [1979 c.683 �23; 2011 c.658 �20]

����� 427.290 Determination by court of need for commitment; discharge; conditional release; commitment; appointment of guardian or conservator. After hearing all of the evidence, and reviewing the findings of the investigation and other examiners, the court shall determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training. If in the opinion of the court the person is not in need of commitment for residential care, treatment and training, the person shall be discharged. If in the opinion of the court the person has, by clear and convincing evidence, an intellectual disability and is in need of commitment for residential care, treatment and training, the court may order as follows:

����� (1) If the person can give informed consent and is willing and able to participate in treatment and training on a voluntary basis, and the court finds that the person will do so, the court shall order release of the person and dismiss the case.

����� (2) If a relative, a friend or legal guardian of the person requests that the relative, friend or legal guardian be allowed to care for the person for a period of one year in a place satisfactory to the court and shows that the relative, friend or legal guardian is able to care for the person and that there are adequate financial resources available for the care of the person, the court may commit the person and order that the person be conditionally released and placed in the care and custody of the relative, friend or legal guardian. The order may be revoked and the person committed to the Department of Human Services for the balance of the year whenever, in the opinion of the court, it is in the best interest of the person.

����� (3) If in the opinion of the court voluntary treatment and training or conditional release is not in the best interest of the person, the court may order the commitment of the person to the department for care, treatment or training. The commitment shall be for a period not to exceed one year with provisions for continuing commitment pursuant to ORS 427.235 to 427.292. A new diagnostic evaluation under ORS 427.270 is not required for proceedings to determine continued commitment.

����� (4) If in the opinion of the court the person may be incapacitated, the court may appoint a legal guardian or conservator pursuant to ORS chapter 125. The appointment of a guardian or conservator shall be a separate order from the order of commitment. [1979 c.683 �24; 1995 c.664 �97; 2011 c.658 �21; 2013 c.36 �9; 2023 c.339 �9]

����� 427.292 Parental consent required for involuntary commitment of minor child. ORS 427.235 to 427.292 do not permit a court to order an involuntary commitment of a minor child to the Department of Human Services without the consent of the minor child�s parent or legal guardian. [2023 c.339 �2]

����� 427.293 Disclosure of record of proceeding. (1) In any proceeding conducted under ORS 427.235 to 427.292, the court may not disclose any part of the record, including any report submitted to the court under ORS 427.270, to any person except:

����� (a) The court shall, pursuant to rules adopted by the Department of State Police, transmit the minimum information necessary, as defined in ORS 181A.290, to the Department of State Police for persons described in ORS 181A.290 (1)(c) to enable the department to maintain the information and transmit the information to the federal government as required under federal law;

����� (b) On request of the person subject to the proceeding;

����� (c) On request of the person�s legal representative or the attorney for the person or the state; or

����� (d) Pursuant to court order.

����� (2) In any proceeding described in subsection (1) of this section that is before the Supreme Court or the Court of Appeals, the limitations on disclosure imposed by this section apply to the appellate court record and to the trial court record while it is in the appellate court�s custody. The appellate court may disclose information from the trial or appellate court record in a decision, as defined in ORS 19.450, provided that the court uses initials, an alias or some other convention for protecting against public disclosure the identity of the person who is alleged to have an intellectual disability. [1999 c.82 �2; 2009 c.826 �3; 2011 c.332 ��3,6b; 2011 c.547 �46; 2013 c.1 �62; 2013 c.36 �10]

����� 427.295 Appeal of commitment order; appointment of legal counsel; costs. If a person appeals a commitment order issued under ORS 427.290, the court, upon request of the person or upon its own motion and upon finding that the person is financially eligible for appointed counsel at state expense, shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses so allowed shall be paid as provided in ORS 138.500. [1979 c.867 �15; 1981 s.s. c.3 �136; 1985 c.502 �26; 2001 c.962 �73; 2011 c.658 �22; 2023 c.281 �74]

����� 427.300 Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing. (1) The Department of Human Services may, at its discretion, direct any person with an intellectual disability who has been committed under ORS 427.290 to the facility best able to treat and train the person. The authority of the department on such matters shall be final.

����� (2)(a) At any time, for good cause and in the best interest of the person, the department may decide to transfer the person from one facility to another or discharge the person as no longer in need of residential care, treatment or training.

����� (b) At least 30 days prior to the transfer or discharge, the department shall notify, by regular mail, the person and the guardian or other individual entitled to custody of the person of the decision to transfer or discharge. The notice must inform the person of the right to appeal the department�s decision to transfer or discharge. In the case of a medical emergency, the department is not required to give 30 days� notice but shall give the notice as soon as possible under the circumstances. The department shall define �medical emergency� by rule, including but not limited to an increase in the level of needed care or the person engaging in a behavior that poses an imminent danger to self or others.

����� (c) Except in a medical emergency, the person has the right to an administrative hearing prior to an involuntary transfer or discharge. ORS 441.605 (4) and the department�s rules governing transfer notices and hearings for residents of long term care facilities apply to a transfer or discharge under this section. If the person is being transferred or discharged for a medical emergency, the hearing must be held no later than seven days after the transfer or discharge. The department shall maintain a space in the facility for the person pending the administrative order.

����� (3) The department, pursuant to its rules, may delegate to a community developmental disabilities program director or a support services brokerage the responsibility for assignment of persons with intellectual disabilities to suitable facilities or transfer between such facilities under conditions that the department may define. [1979 c.683 �25; 2009 c.595 �447; 2011 c.658 �23; 2013 c.36 �11; 2023 c.339 �10]

����� 427.305 [1973 c.585 �2; 1979 c.683 �33; renumbered 427.051]

����� 427.306 Confinement of committed persons with intellectual disabilities in least restrictive setting; attendants required. (1) A person, not incarcerated upon a criminal charge, who has been alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated.

����� (2) A person alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, who is not incarcerated on a criminal charge, may not be confined without an attendant in charge of the person. If the person is not confined in a hospital or a facility, the community developmental disabilities program director or sheriff having the person in custody shall select some suitable individual to act as attendant in quarters suitable for the comfortable, safe and humane confinement of the person. The person shall be detained in the least restrictive setting consistent with the person�s emotional and physical needs and the protection of others. [1979 c.683 �26; 2009 c.595 �448; 2011 c.658 �24; 2013 c.36 �12]

����� 427.310 [1973 c.585 �3; repealed by 1979 c.683 �37]

����� 427.315 [1973 c.585 �6; repealed by 1979 c.683 �37]

����� 427.320 [1973 c.585 �4; repealed by 1979 c.683 �37]

����� 427.325 [1973 c.585 �5; repealed by 1979 c.683 �37]

COMMUNITY HOUSING

����� 427.330 Definitions for ORS 427.330 to 427.340. As used in ORS 427.330 to 427.340:

����� (1) �Care provider� means an individual, family member or entity that provides care.

����� (2) �Community housing� includes:

����� (a) Real property, including but not limited to buildings, structures, improvements to real property and related equipment, that is used or could be used to house and provide care for individuals with intellectual or developmental disabilities; and

����� (b) A single-family home or multiple-unit residential housing that an individual with an intellectual or developmental disability shares with other inhabitants, including but not limited to family members, care providers or friends.

����� (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, appliances, special adaptive equipment or supplies that are used or could be used to provide care in community housing.

����� (5) �Family member� means an individual who is related by blood or marriage to an individual with an intellectual or developmental disability.

����� (6) �Financial assistance� means a grant or loan to pay expenses incurred to provide community housing.

����� (7) �Housing provider� means an individual or entity that provides community housing. [1999 c.753 �2; 2001 c.900 �130; 2007 c.70 �221; 2011 c.658 �25; 2013 c.36 �13; 2025 c.228 �15]

����� 427.335 Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers. (1) The Department of Human Services may, through contract or otherwise, acquire, purchase, receive, hold, exchange, operate, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of providing care to individuals with intellectual or developmental disabilities.

����� (2) The department 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 department considers advisable to increase the quality and quantity of community housing for individuals with intellectual or developmental disabilities. The department may include in any instrument conveying fee title to community housing language that restricts the use of the community housing to provide care for individuals with intellectual or developmental disabilities. Such restriction is not a violation of ORS 93.270. Any instrument conveying fee title to community housing under this subsection shall provide that equipment in the community housing is a part of and shall remain with the real property unless such equipment was modified or designed specifically for an individual�s use, in which case such equipment shall follow the individual.

����� (3) The department may provide financial assistance to a housing provider or a care provider that wishes to provide community housing for individuals with intellectual or developmental disabilities under rules promulgated by the department.

����� (4) The department may transfer its ownership of equipment to care providers.

����� (5) When exercising the authority granted to the department under this section, the department is not subject to ORS 276.900 to 276.915 or 279A.250 to 279A.290 or ORS chapters 270 and 273. [1999 c.753 �3; 2003 c.794 �282; 2007 c.70 �222; 2011 c.658 �26; 2025 c.228 �16]

����� 427.340 Developmental Disabilities Community Housing Fund. (1) There is established a Developmental Disabilities Community Housing Fund in the State Treasury, separate and distinct from the General Fund. All moneys in the Developmental Disabilities Community Housing Fund are continuously appropriated to the Department of Human Services to pay expenses incurred by the Department of Human Services in carrying out the provisions of ORS 427.330 and 427.335. Interest earned on moneys in the fund shall be credited to the fund.

����� (2) The fund shall consist of:

����� (a) Moneys appropriated to the fund by the Legislative Assembly;

����� (b) Repayment of financial assistance provided to housing providers or care providers for community housing under ORS 427.335 (3);

����� (c) Moneys reallocated from other areas of the Department of Human Services� budget; and

����� (d) Any earnings or interest credited to the fund. [1999 c.753 �4; 2001 c.954 �32; 2015 c.178 �3; 2019 c.551 �3]

����� 427.345 [1999 c.753 �5; 2013 c.36 �14; repealed by 2019 c.551 �4]

����� 427.347 Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation. (1) Notwithstanding the continuous appropriation of moneys in the Developmental Disabilities Community Housing Fund established under ORS 427.340, the balance of moneys remaining in the Community Housing Trust Account established in ORS

ORS 427.340

427.340 on January 1, 2020, that are unexpended, unobligated and not subject to any conditions shall be transferred to the Oregon Community Foundation for the purposes described in ORS 427.335. The foundation shall be advised by and shall consult with the advisory committee appointed under ORS 427.348 regarding any expenditures made from the moneys transferred to the foundation under this section.

����� (2) The Oregon Community Foundation shall annually report to the Department of Human Services the balance remaining of the moneys transferred under subsection (1) of this section and the uses for expenditures made from the moneys transferred. If the department finds that any expenditure is not authorized under the requirements of ORS 427.335, the foundation must pay to the department the amount of the unauthorized expenditure. The department shall deposit the payment to the Developmental Disabilities Community Housing Fund. [2019 c.551 �1]

����� Note: 427.347 and 427.348 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 427.348 Appointment of advisory committee. The Oregon Council on Developmental Disabilities shall appoint an advisory committee to advise and consult with the Oregon Community Foundation in making expenditures under ORS 427.347. The committee must include one individual each to represent:

����� (1) Support services brokerages;

����� (2) Community developmental disability programs;

����� (3) Oregon coalitions consisting of individuals with intellectual or developmental disabilities who encourage and facilitate self-advocacy by individuals with intellectual or developmental disabilities;

����� (4) Families of individuals with intellectual or developmental disabilities;

����� (5) The Housing and Community Services Department;

����� (6) Community-based residential providers of services to individuals with intellectual or developmental disabilities; and

����� (7) The system described in ORS 192.517 (1). [2019 c.551 �2]

����� Note: See note under 427.347.

����� 427.400 [2011 c.658 �1; 2013 c.36 �15; 2013 c.604 �3; renumbered 427.101 in 2013]

OREGON HUMAN RIGHTS COMMISSION

����� 427.401 Oregon Human Rights Commission established; membership; rules. (1) The Oregon Human Rights Commission is established within the Department of Human Services. The commission consists of nine members appointed by the Governor for not more than two consecutive three-year terms. The purpose of the commission is to safeguard the dignity and basic human rights of individuals who have an intellectual or developmental disability.

����� (2) The Governor shall appoint the following members who shall be confirmed by the Senate in the manner prescribed in ORS 171.562 and 171.565:

����� (a) One member who is an individual who has an intellectual or developmental disability and who receives services under ORS 427.007.

����� (b) One member who is a family member of an individual who has an intellectual or developmental disability.

����� (c) One member who is a sibling of an individual who has an intellectual or developmental disability.

����� (d) One member who is a self-advocate for the rights of individuals who have intellectual or developmental disabilities and who represents, in a professional capacity, an organization that promotes disability self-advocacy.

����� (e) Two members who are representatives from a disabilities advocacy organization.

����� (f) One member who is a service provider as defined in ORS 427.101.

����� (g) One member who represents the Department of Human Services.

����� (h) One member who is an expert regarding behavioral intervention models that have been approved by the Department of Human Services.

����� (3) In making appointments, the Governor shall solicit and consider recommendations from the Oregon Council on Developmental Disabilities and Disability Rights Oregon and shall make appointments in consideration of the different geographical regions of the state.

����� (4) The commission may appoint any medical, behavioral and educational professionals as the commission deems necessary to assist the commission in an advisory capacity only.

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

����� (6) Official action by the commission requires the approval of a majority of the members of the commission.

����� (7) The commission shall elect one of its members to serve as chairperson.

����� (8) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective.

����� (9) The commission shall meet at times and places specified by the call of the chairperson or of a majority of the members of the commission.

����� (10) The commission may adopt any rules the commission considers necessary for the commission to carry out its duties under this section and ORS 427.109. [2019 c.296 �2]

����� 427.402 [2011 c.658 �2; 2013 c.602 �3; renumbered 427.154 in 2013]

����� 427.403 Commission to establish statewide regional advisory committee. The Oregon Human Rights Commission shall establish by rule a statewide regional advisory committee system. At a minimum, the system shall establish a process by which the regional advisory committees may conduct informational hearings regarding the violation of the rights of individuals who have intellectual or developmental disabilities and relay the information received to the commission for the commission�s consideration in adopting rules. [2019 c.296 �3]

����� 427.410 [2011 c.658 �3; renumbered 427.160 in 2013]

EMPLOYMENT

����� 427.430 Statewide employment first advisory committee; membership; regional employment first committees; duties of Department of Human Services and Department of Education; rules. (1)(a) The Department of Human Services, in collaboration with the Department of Education, shall appoint a statewide employment first advisory committee to advise the Department of Human Services on strategies for increasing opportunities for individuals with intellectual or developmental disabilities to obtain and advance in competitive integrated employment.

����� (b) The members of the advisory committee shall include:

����� (A) Individuals with intellectual or developmental disabilities;

����� (B) Disability policy advisors who have lived experience with accessing the disability service delivery system;

����� (C) Representatives of the division of the department that provides developmental disabilities services;

����� (D) Representatives of the division of the department that provides vocational rehabilitation services;

����� (E) Representatives of the Department of Education;

����� (F) Representatives of employment services providers and provider associations; and

����� (G) Representatives of organizations that provide case management services to individuals with intellectual or developmental disabilities.

����� (c) The members of the advisory committee may also include representatives of:

����� (A) School districts and education service districts;

����� (B) Regional family support networks;

����� (C) The nine federally recognized Indian tribes in Oregon;

����� (D) The Oregon Council on Developmental Disabilities;

����� (E) Oregon�s federally mandated disability protection and advocacy agency;

����� (F) Oregon�s federally authorized university centers for excellence in developmental disabilities;

����� (G) The Oregon Disabilities Commission;

����� (H) The State Independent Living Council;

����� (I) The Commission for the Blind;

����� (J) County behavioral health departments;

����� (K) The division of the Department of Human Services that provides aging and persons with disabilities services;

����� (L) The State Workforce and Talent Development Board and local workforce development boards; and

����� (M) Other statewide entities providing employment services to individuals with intellectual or developmental disabilities.

����� (d) The advisory committee shall meet at least quarterly.

����� (e) At least annually, the advisory committee shall meet to:

����� (A) Review employment outcome data for individuals with intellectual or developmental disabilities and make recommendations for the development and implementation of a statewide employment first strategic plan; and

����� (B) Make policy and budget recommendations to the office of the Governor and state agencies regarding employment outcomes for individuals with intellectual or developmental disabilities and regarding state and local workforce plans.

����� (f) The advisory committee may appoint subcommittees as needed.

����� (2) At least annually, the department, in collaboration with the Department of Education, shall collect employment outcome data for individuals with intellectual or developmental disabilities and report the data to the advisory committee appointed under this section. The data shall include, at a minimum:

����� (a) The number of adults and transition-age individuals, as defined by rule by the Department of Human Services, with intellectual or developmental disabilities who are receiving services from the division of the department that provides developmental disabilities services or from the division of the department that provides vocational rehabilitation services and who are working in competitive integrated employment; and

����� (b) The number of employment service provider agencies that are qualified to deliver employment services through both the division of the department that provides developmental disabilities services and the division of the department that provides vocational rehabilitation services.

����� (3) The department, in collaboration with the Department of Education, shall establish regional employment first committees to develop and implement local strategies for increasing capacity for and removing barriers to supporting individuals with intellectual or developmental disabilities in obtaining and advancing in competitive integrated employment. Each regional employment first committee shall report to the advisory committee established under this section regarding the development and implementation of local strategies. The Department of Human Services and the Department of Education shall, subject to available funding, maintain designated staff specialists for regional interagency coordination work.

����� (4) The Department of Human Services and the Department of Education shall appoint regional and statewide representatives to meet at least quarterly to coordinate employment services and discuss best practices for supporting youth with intellectual or developmental disabilities to obtain and advance in competitive integrated employment.

����� (5) The Department of Human Services shall appoint at least one employment first statewide coordinator to facilitate administration of the interagency work to meet the requirements of this section.

����� (6) Subject to available funding, the department shall ensure that training and technical assistance is available to ensure that there are sufficient qualified providers to provide employment services as defined in ORS 427.101 and vocational rehabilitation services as defined in ORS 344.511 to eligible individuals with intellectual or developmental disabilities.

����� (7) The Department of Human Services and the Department of Education shall ensure that transition planning for individuals with intellectual or developmental disabilities includes opportunities to receive employment services in the community.

����� (8) The Department of Human Services shall enter into an interagency agreement with the Department of Education for the purposes of:

����� (a) Coordinating services;

����� (b) Increasing collaboration between the departments to improve employment outcomes for individuals with intellectual or developmental disabilities; and

����� (c) Coordinating outreach efforts to individuals with intellectual or developmental disabilities.

����� (9) The Department of Human Services and the Department of Education may adopt rules to carry out the provisions of this section. [2025 c.228 �3]

����� 427.435 Employment services; prohibition on sheltered work setting; rules. (1) The Department of Human Services shall ensure that employment services, as defined in ORS 427.101, provided to individuals with intellectual or developmental disabilities are designed to help the individuals obtain competitive integrated employment, as defined in ORS 427.005.

����� (2) The department may not fund employment services that occur in a sheltered work setting, as that term is defined by rule by the department. [2025 c.228 �4]

����� Note: 427.435 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 427.440 Department of Human Services to establish State as Model Employer program; rules. (1) The Department of Human Services, in collaboration with other state agencies as needed, shall establish a State as Model Employer program. The program must employ a sustainable, comprehensive strategy to:

����� (a) Develop accessible and inclusive hiring practices of individuals with intellectual or developmental disabilities; and

����� (b) Encourage, educate and assist state agencies in implementing the hiring practices.

����� (2) The department may adopt rules as necessary to implement the provisions of this section. [2025 c.228 �17]

����� Note: 427.440 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 427.450 [Formerly 430.218; renumbered

ORS 430.662

430.662 and agencies with which the department or the program contracts to provide services.

����� (d) �Service� means a community-based service described in ORS 427.007.

����� (2) While receiving developmental disability services, every person shall have the right to:

����� (a) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation.

����� (b) Be free from seclusion or personal, chemical or mechanical restraints unless an imminent risk of physical harm to the person or others exists and only for as long as the imminent risk continues.

����� (c) Not receive services without informed voluntary written consent except in a medical emergency or as otherwise permitted by law.

����� (d) Not participate in experimentation without informed voluntary written consent.

����� (e) A humane environment that affords reasonable privacy and the ability to engage in private communications with people of the individual�s choosing through personal visits, mail, telephone or electronic means.

����� (f) Visit with family members, friends, advocates and legal and medical professionals.

����� (g) Participate regularly in the community and use community resources.

����� (h) Not be required to perform labor, except personal housekeeping duties, without reasonable and lawful compensation.

����� (i) Seek a meaningful life by choosing from available services and enjoying the benefits of community involvement and community integration in a manner that is least restrictive to the person�s liberty considering the person�s preferences and age.

����� (j) An individualized service plan, services based upon that plan and periodic review and reassessment of service needs.

����� (k) Ongoing participation in the planning of services, including the right to participate in the development and periodic revision of the plan for services, the right to be provided with an explanation of all service considerations in a manner that ensures meaningful individual participation and the right to invite others of the person�s choosing to participate in the plan for services.

����� (L) Not be involuntarily terminated or transferred from services without prior notice, notification of available sources of necessary continued services and exercise of a grievance procedure.

����� (m) Be informed at the start of services and annually thereafter of the rights guaranteed by this section, the contact information for the protection and advocacy system described in ORS 192.517 (1), and the procedures for filing grievances, hearings or appeals if services have been or are proposed to be reduced, eliminated or changed.

����� (n) Be encouraged and assisted in exercising all legal rights.

����� (o) Assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely and impartial grievance procedure without any form of retaliation or punishment.

����� (p) Manage the person�s own money and financial affairs unless that right has been taken away by court order or other legal procedure.

����� (q) Keep and use personal property and have a reasonable amount of personal storage space.

����� (3) The rights described in this section are in addition to, and do not limit, all other statutory and constitutional rights that are afforded all citizens including, but not limited to, the right to exercise religious freedom, vote, marry, have or not have children, own and dispose of property, enter into contracts and execute documents.

����� (4) A person who is receiving developmental disability services has the right under ORS 430.212 to be informed and to have the person�s guardian and any representative designated by the person be informed that a family member has contacted the department to determine the location of the person, and to be informed of the name and contact information, if known, of the family member.

����� (5) The rights described in this section may be asserted and exercised by the person, the person�s guardian and any representative designated by the person.

����� (6) Nothing in this section may be construed to alter any legal rights and responsibilities between parent and child.

����� (7) The department shall adopt rules concerning the rights described in this section that are consistent with the directives set forth in ORS 427.007. [2013 c.36 �1; 2019 c.276 �5]

����� Note: 427.107 and 427.109 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 427.108 [1953 c.631 �3; 1977 c.384 �6; 1979 c.683 �15; 2009 c.595 �437a; repealed by 2013 c.36 �73]

����� 427.109 Complaint procedures. (1) The Oregon Human Rights Commission established under ORS 427.401 shall receive complaints of violations of the rights afforded to an individual under ORS 427.107. With the consent of the individual, the individual�s guardian or any representative designated by the individual, the commission may request and receive information from the Department of Human Services that is relevant to a complaint. The commission shall have the right to meet with the Director of Human Services or a designee of the director to resolve a complaint.

����� (2)(a) All confidential information received by the commission under this section must remain confidential and may be disclosed only in accordance with state and federal laws.

����� (b) Commission members and staff may not make any public comment or publicly disclose any materials that relate to the personally identifiable information of an individual who alleges a violation or who appears before the commission under subsection (1) of this section. [2013 c.36 �2; 2019 c.296 �4]

����� Note: See note under 427.107.

����� 427.110 [Repealed by 1953 c.155 �7]

����� 427.112 [1979 c.683 �30; 2009 c.595 �438; repealed by 2013 c.36 �73]

(Comprehensive Services for Adults With Developmental Disabilities)

����� 427.115 Assessment of service needs and determination of service rate; rules. (1) The Department of Human Services or its designee shall assess the support needs for each individual with an intellectual or developmental disability who is receiving developmental disability services in a residential setting and shall determine a service rate that is sufficient to meet the support needs of the individual. If an assessment of support needs results in a change to the service rate being paid to the service provider, the department or the department�s designee shall provide to the individual and the individual�s service provider and case manager and, if appropriate, to the individual�s guardian, primary caregiver or family members, a detailed accounting of the service rate paid to the service provider and the factors and weighting of factors used to determine the service rate.

����� (2) The department or the department�s designee shall assess the support needs and determine the service rate, as described in subsection (1) of this section, no later than 90 days after the individual or the individual�s service provider, case manager, guardian, primary caregiver, family member or legal representative makes a request, based on significant changes to the individual�s support needs, for a new assessment of support needs and a redetermination of the service rate.

����� (3) The department shall adopt by rule the procedures and criteria for requesting and conducting an assessment of support needs and a determination of a service rate under this section, using an advisory committee appointed in accordance with ORS 183.333. The rules shall include a procedure for contesting the denial of a request for assessment of support needs and redetermination of a service rate or the failure of the department or the department�s designee to respond to a request for assessment and redetermination within a reasonable period of time, as prescribed by the department by rule. [2013 c.604 �2; 2019 c.276 �2]

����� 427.120 [Amended by 1953 c.155 �7; 1959 c.331 �8; 1965 c.339 �11; repealed by 1979 c.683 �37]

����� 427.121 Choice of community living setting. (1) As used in this section, �adult� means an individual:

����� (a) Who is at least 18 years of age;

����� (b) Who has an intellectual or developmental disability; and

����� (c) Who is eligible for, and who chooses to receive, developmental disability services.

����� (2) An adult has the right to choose the adult�s community living setting. The Department of Human Services or the department�s designee shall present to an adult at least three types of community living settings, including an option for services in the adult�s own or family home:

����� (a) Each year, prior to authorizing services in a community living setting for the adult.

����� (b) When an adult is moving from one community living setting to another community living setting.

����� (3) The department or the department�s designee may not authorize services in a new type of community living setting without first complying with subsection (2) of this section.

����� (4) The department or the department�s designee is not required to present the options under subsection (2) of this section if:

����� (a) The adult is at imminent risk to health or safety in the adult�s current placement setting; or

����� (b) The adult is moving from one nonresidential setting to another nonresidential setting. [2013 c.602 �2; 2019 c.276 �3]

����� 427.130 [Amended by 1955 c.651 �10; repealed by 1957 c.160 �6]

����� 427.140 [Repealed by 1957 c.388 �17]

����� 427.150 [1953 c.155 �5; 1963 c.411 �1; 1965 c.339 �12; 1969 c.597 �93; 1979 c.683 �27; renumbered 427.041]

(Support Services for Adults With Developmental Disabilities)

����� 427.154 Individualized service plan; requirements; rules. (1) Developmental disability services are intended to meet the needs of individuals with intellectual or developmental disabilities. The Department of Human Services shall establish by rule the application and eligibility determination processes for developmental disability services.

����� (2) Developmental disability services shall be provided pursuant to an individualized service plan that is developed and reassessed at least annually using a person-centered planning process.

����� (3) The department shall ensure that each individual receiving developmental disability services and the individual�s guardian or legal representative has an active role in choosing the services, activities and purchases that will best meet the individual�s needs and preferences and to express those choices verbally, using sign language or by other appropriate methods of communication.

����� (4) Developmental disability services must complement the existing formal and informal supports, services, activities and purchases available to an individual.

����� (5) The department shall ensure that each individual and the individual�s guardian or legal representative has the opportunity to confirm satisfaction with the developmental disability services that the individual receives and to make changes in the services as necessary.

����� (6) The department shall ensure that all individuals receiving developmental disability services have an equal opportunity for job placements. A provider of developmental disability services that offers job placements may not give preference to an individual who is a resident of a facility owned or operated by the provider when determining eligibility for a job placement. The residence of an individual may not be the exclusive factor in determining eligibility for a job placement. [Formerly 427.402; 2019 c.276 �4]

����� 427.160 [Formerly 427.410; repealed by 2019 c.276 �8]

����� 427.163 Application of savings generated by support service brokerages. The Department of Human Services shall apply any savings generated by support service brokerages developed under the Staley Settlement Agreement to provide services to individuals who are awaiting adult developmental disability support services and who are not receiving any services. [Formerly 427.450]

(Enhanced Supports to Employers of Personal Support Workers)

����� 427.170 Department of Human Services to contract with organizations to provide enhanced supports to employers of personal support workers; contract requirements. (1) As used in this section:

����� (a) �Enhanced supports to employers of personal support workers� means support given to an individual in self-directing the individual�s services or in managing personal support workers who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the center of the decision-making process regarding what services are needed, including by providing:

����� (A) Training, coaching and other forms of support to the individual on:

����� (i) Self-direction; and

����� (ii) The roles and responsibilities of the individual and the personal support worker;

����� (B) Training, coaching and other forms of support to the individual in the overall management of personal support workers providing personal support services to the individual, including in the recruitment, hiring, scheduling and training of personal support workers, performance assessments of personal support workers and dismissal of personal support workers; and

����� (C) Other administrative and employment-related supports.

����� (b) �Individual� means a child or adult with an intellectual or developmental disability, or the representative of the child or adult, who receives in-home services and supports through the Department of Human Services.

����� (2) The department shall contract with one or more organizations to provide enhanced supports to employers of personal support workers.

����� (3) An organization contracting with the department under subsection (2) of this section shall be expected, at a minimum, to:

����� (a) Maximize an individual�s self-direction and autonomy by supporting the individual to direct the individual�s personal support workers and manage the day-to-day services of the individual�s personal support workers;

����� (b) Have a commitment to work with a broad coalition of stakeholders in an effort to understand the changing needs of the workforce and of individuals� needs, rights and preferences; and

����� (c) Have the ability to meet the state�s interest in preventing or mitigating disruptions to individuals� in-home services and supports.

����� (4) The department may not contract with an organization under subsection (2) of this section to provide enhanced supports to employers of personal support workers if the owner or an executive officer of the organization has been convicted of Medicaid fraud in any state within the 25-year period prior to entering into the contract. [2024 c.92 �1]

����� Note: 427.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 427.175 [Formerly 427.220; repealed by 2013 c.36 �73]

����� 427.180 [1979 c.683 �8; 2009 c.595 �439; 2011 c.658 �10; repealed by 2013 c.36 �73]

(Agency With Choice Services)

����� 427.181 Department of Human Services to contract with endorsed organizations providing agency with choice services; minimum qualifications; rules. (1) As used in this section and ORS 410.855:

����� (a) �Agency with choice services� means support given to an individual in self-directing the individual�s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the center of the decision-making process regarding what services are needed, including by providing:

����� (A) Training, coaching and other forms of support to the individual on:

����� (i) Self-direction; and

����� (ii) The roles and responsibilities of the individual and the agency with choice services provider;

����� (B) Training, coaching and other forms of support to the individual in the overall management of staff providing direct support services to the individual, including in the recruitment, hiring, scheduling and training of staff, performance assessments of staff and dismissal of staff; and

����� (C) Other administrative and employment-related supports.

����� (b) �Individual� means a child or adult with an intellectual or developmental disability who receives in-home services and supports through the Department of Human Services.

����� (2) The department shall contract with one or more endorsed organizations to deliver agency with choice services as a community-based services option under ORS

ORS 431A.050

431A.050.

����� (2) The State Fire Marshal shall serve as executive director of the council, but is not a member. The council shall meet at least quarterly. The council shall select a chairperson and vice chairperson at the first council meeting of each odd-numbered year. The council may elect additional officers as the council determines to be reasonable and necessary.

����� (3) In addition to the ex officio members identified in subsection (1) of this section, the Governor may designate a representative of the Governor to serve as a nonvoting member. The Governor may also appoint not more than 12 members to serve on the council for three-year terms. Initial terms of the appointed members may be adjusted to promote council stability. An appointed member may not serve more than two consecutive terms. A member appointed by the Governor must be a representative of one of the following:

����� (a) The Oregon Fire Chiefs Association or a successor or other organization representing fire chiefs.

����� (b) The Oregon Fire District Directors Association or a successor or other organization representing fire district directors.

����� (c) The Oregon Fire Marshals Association or a successor or other organization representing fire marshals.

����� (d) Property and casualty insurance providers.

����� (e) Employees of the Department of the State Fire Marshal.

����� (f) The Oregon State Fire Fighters Council or a successor or other organization representing professional firefighters.

����� (g) The Oregon Volunteer Firefighters Association or a successor or other organization representing volunteer firefighters.

����� (h) The League of Oregon Cities or a successor or other organization representing municipalities.

����� (i) The Special Districts Association of Oregon or a successor or other organization representing fire districts.

����� (j) A representative of a structural fire response agency of a federally recognized Oregon Indian tribe.

����� (k) The Oregon Fire Service Office Administrators or a successor or other organization representing administrative personnel that serves Oregon fire service agencies.

����� (L) The general public.

����� (4) Notwithstanding the term of office specified in subsection (3) of this section, the initial term of a member appointed by the Governor may be adjusted to limit the number of member terms expiring in the same year.

����� (5) To the extent funding is available from moneys appropriated to the Department of the State Fire Marshal, a member of the council is entitled to compensation and expenses as provided in ORS 292.495.

����� (6) The council shall advise the Governor and the State Fire Marshal on fire policy issues and strategies for the implementation of fire and life safety issues. The council may initiate advice to the State Fire Marshal and the Governor on any matter related to the mission of the council. The council may not participate in the discussion of traditional labor relations issues.

����� (7) The Department of the State Fire Marshal shall provide staff services to the council. All agencies, departments and officers of this state are directed to assist the council in the performance of its functions and to furnish information and advice as the council considers necessary. [2001 c.647 �1; 2011 c.9 �66; 2021 c.539 �131; 2025 c.177 �8]

����� Note: 476.680 and 476.685 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 476.685 Biennial reports. The Governor�s Fire Service Policy Council shall provide a biennial report to the Governor on the council�s progress in supporting the mission of the Department of the State Fire Marshal. The report shall identify significant accomplishments, current challenges and opportunities for improvement. [2001 c.647 �2; 2021 c.539 �132; 2025 c.177 �9]

����� Note: See note under 476.680.

WILDFIRE PROGRAMS

����� 476.687 State Wildfire Programs Director. (1) The Governor shall appoint a State Wildfire Programs Director to serve at the pleasure of the Governor.

����� (2) The duties of the director shall include:

����� (a) Overseeing implementation of requirements and authorization provided by chapter 592, Oregon Laws 2021.

����� (b) Coordinating and integrating activities of state agencies and other entities that are required or authorized by chapter 592, Oregon Laws 2021, in order to optimize the efficiency and effectiveness of the activities.

����� (c) Ensuring compliance with deadlines set out in chapter 592, Oregon Laws 2021.

����� (d) Monitoring and assessing any financial impacts of the activities on local jurisdictions and the equity of those financial impacts among the jurisdictions.

����� (e) Supervising staffing of the Wildfire Programs Advisory Council.

����� (f) Reporting at least every 90 days to the Governor, the President of the Senate, the Speaker of the House of Representatives and the chairs of relevant committees and interim committees of the Legislative Assembly to summarize progress on implementing the activities, note obstacles and opportunities and catalog possibilities for future improvements to further reduce wildfire risk in this state.

����� (g) Exploring additional opportunities to reduce wildfire risk, including but not limited to engaging with:

����� (A) Insurance companies regarding insurance policy coverage provisions, underwriting standards, insurance rates and any other topics relevant to enhancing the protection of property from wildfire at a reasonable cost.

����� (B) Electric utilities regarding further actions to protect public safety, reduce risk to electric company customers and promote electrical system resilience to wildfire damage.

����� (C) Congressional delegations and federal agencies to expand opportunities for cost-share partnerships for wildfire mitigation and develop strategies for improvements to federal fire management policies.

����� (h) Collaborating with the State Resilience Officer and participating in any relevant emergency preparedness advisory councils. [2021 c.592 �35; 2025 c.590 �9]

����� Note: 476.687 and 476.690 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� Note: Legislative Counsel has substituted �chapter 592, Oregon Laws 2021,� for the words �this 2021 Act� in section 35, chapter 592, Oregon Laws 2021, compiled as 476.687. 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 2021 Comparative Section Table located in Volume 22 of ORS.

����� 476.690 Wildfire Programs Advisory Council. (1) As used in this section:

����� (a) �Defensible space� means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operations to occur.

����� (b) �Wildland-urban interface� has the meaning given that term in ORS 477.015.

����� (2) There is established a Wildfire Programs Advisory Council to advise and assist the State Wildfire Programs Director by:

����� (a) Closely monitoring implementation of activities related to wildfire prevention and response, including receiving and evaluating agency reports related to wildfire prevention and response.

����� (b) Providing advice on potential changes to the activities in order to fulfill the goal of dramatically reducing wildfire risk in this state and ensuring that regional defensible space, building codes and land use applications are appropriate.

����� (c) Strengthening intergovernmental and multiparty collaboration and enhancing collaboration between governments and stakeholders on an ongoing basis.

����� (d) Developing strategies to enhance collaboration among governmental bodies and the general public.

����� (e) Reviewing Department of Land Conservation and Development findings and recommendations in the report required by section 11, chapter 592, Oregon Laws 2021, and making additional recommendations related to potential updates to the statewide land use planning program, local comprehensive plans and zoning codes to incorporate wildfire hazard maps and minimize wildfire hazards to people, public and private property, businesses, infrastructure and natural resources.

����� (3) The council is not a decision-making body but instead is established to provide advice, assistance, perspective, ideas and recommendations to the State Wildfire Programs Director.

����� (4) The President of the Senate and Speaker of the House of Representatives shall jointly appoint 21 members to the council as follows:

����� (a) One member who represents county government.

����� (b) One member who is a land use planning director of a county that is wholly or partially within the wildland-urban interface.

����� (c) One member who represents city government.

����� (d) One member who is a land use planning director of a city that is wholly or partially within the wildland-urban interface.

����� (e) One member who represents fire chiefs and has experience with managing, fighting or preventing fire within the wildland-urban interface.

����� (f) One member who represents fire marshals and has experience with community risk reduction and prevention of structural fire within the wildland-urban interface.

����� (g) One member who represents firefighters and has experience with managing, fighting or preventing fire within the wildland-urban interface.

����� (h) One member who represents rural residential property owners whose property is wholly or partially within the wildland-urban interface.

����� (i) One member who represents farming property owners whose property is wholly or partially within the wildland-urban interface.

����� (j) One member who represents ranching property owners whose property is wholly or partially within the wildland-urban interface.

����� (k) One member who represents forestland owners whose property is wholly or partially within the wildland-urban interface.

����� (L) One member who represents federally recognized Indian tribes with land wholly or partially within the wildland-urban interface.

����� (m) One member who represents a utility company.

����� (n) One member who represents environmental interests.

����� (o) One member who represents forest resiliency interests.

����� (p) One member who represents state or regional land use planning organizations.

����� (q) One member who represents land and housing development interests or real estate industry interests.

����� (r) One member who represents public health professionals.

����� (s) One member who represents the environmental justice community.

����� (t) One member who represents the structural fire service and who has experience with managing, fighting or preventing wildfire within the wildland-urban interface.

����� (u) One member who represents the insurance industry.

����� (5) The council shall be geographically diverse, with representatives from across this state.

����� (6) The presiding officers shall provide public notice of an opportunity for interested parties to submit names of interest for appointment to the council.

����� (7) At least seven days before appointing a member, the presiding officers shall consult in good faith with the minority leaders of the Senate and House of Representatives on the appointment.

����� (8) The term of service for each member is four years.

����� (9) The members are eligible for reappointment.

����� (10) The council shall elect a chairperson and vice chairperson to serve for one-year terms.

����� (11) The members shall serve on the council as volunteers and are not entitled to reimbursement for expenses.

����� (12) The Department of Consumer and Business Services, Department of Land Conservation and Development, Department of the State Fire Marshal and State Forestry Department shall each provide 15 percent of the time of a full-time equivalent employee to:

����� (a) Cooperatively staff the council.

����� (b) Attend council meetings as informational resources.

����� (c) Assist with drafting reports at the request of the council.

����� (d) Support the work of the State Wildfire Programs Director.

����� (13) The Oregon State University Extension Service shall designate a person to serve as staff for the council.

����� (14) Each October the council shall submit a report to the Governor and appropriate committees or interim committees of the Legislative Assembly that describes progress on implementing program activities related to defensible space, building codes, land use and community emergency preparedness and that recommends improvements. [2021 c.592 �36; 2023 c.611 �8; 2025 c.590 �5]

����� Note: See first note under 476.687.

����� 476.694 [2021 c.592 �21; 2022 c.85 �3; renumbered

ORS 432.350

432.350;

����� (d) Instruments presented for recording by the United States or the State of Oregon, or a political subdivision of either, that affect title to or an interest in real property or that lawfully concern real property; and

����� (e) Instruments recognized under state law or rule or federal law or regulation as affecting title to or an interest in real property if the instrument is properly acknowledged or proved.

����� (3) Keep and maintain:

����� (a) Deed and mortgage records;

����� (b) Statutory lien records;

����� (c) A record called the County Clerk Lien Record in which the following shall be recorded:

����� (A) The warrants and orders of officers and agencies that are required or permitted by law to be recorded; and

����� (B) All instruments presented for recordation when required or permitted by law to be recorded that affect the title to or an interest in real property, other than instruments recorded in the deed and mortgage records or the statutory lien records;

����� (d) Releases, satisfactions, assignments, amendments and modifications of recorded instruments; and

����� (e) Other instruments required or permitted by law to be recorded not affecting interests in real property.

����� (4) Perform all the duties in regard to the recording and indexing of deeds and mortgages of real property, contracts, abstracts of judgments, notices of pendency, powers of attorney and other interests when required or permitted by law to be recorded that affect the title of real property, and in regard to the entry of satisfaction and discharge of the same, together with other documents required or permitted by law to be recorded.

����� (5) Incur no civil or criminal liability, either personally or in an official capacity, for recording an instrument that does not comply with the provisions of law that require or allow the recording of the instrument. [Amended by 1983 c.696 �8a; 1983 c.709 �43; 1983 c.763 �63; 1985 c.471 �16; 1987 c.215 �22; 1987 c.586 �31; 1989 c.171 �28; 1989 c.179 �1; 1989 c.618 �11; 1989 c.706 ��1,2; 1989 c.738 �15; 1989 c.764 �4; 1989 c.795 �3; 1989 c.841 �10; 1989 c.1035 �4; 1991 c.230 �12; 1993 c.321 �2; 1999 c.654 �14a; 1999 c.710 �9; 2001 c.713 �2; 2007 c.30 �12; 2013 c.366 �71; 2015 c.168 �5; 2021 c.592 �42]

����� 205.135 Illegible document presented for recording. Whenever the text of a document presented for recording may be made out but is not sufficiently legible to reproduce a readable photographic record, the county clerk shall require the person presenting it for recording to substitute a legible original document or prepare a true copy thereof by handwriting or typewriting and attach the same to the original as a part of the document for making the permanent photographic record. [1965 c.301 �1(1); 1999 c.654 �15; 2005 c.22 �155]

����� 205.140 Transcript or copy of record. A transcript of the record of any instruments duly recorded by the county clerk in any county under the authority of ORS 205.130 and 205.160 to 205.190, or a photographic or photostatic copy thereof, duly certified by the county clerk, under the seal of office, may be recorded in the office of any county clerk or read in evidence in any court with like force and effect as the original instrument. [Amended by 1999 c.654 �16]

����� 205.150 Seal of clerk. The county court shall provide a suitable seal for the use of the county clerk.

����� 205.160 Indexes kept by county clerk; use of alternative recording method allowed. (1) The county clerk shall keep a direct general index and an indirect general index in the office of the clerk.

����� (2) The direct general index shall contain, but need not be limited to, the following:

����� (a) Date and time of reception.

����� (b) Names of grantors.

����� (c) Names of grantees.

����� (d) Nature or type of instrument.

����� (e) Volume and page where recorded or the instrument number.

����� (f) Remarks.

����� (g) Brief description of tract.

����� (h) To whom delivered.

����� (i) Fees received.

����� (3) The clerk shall make correct entries in the direct general index of every instrument recorded under the appropriate heading, entering the names of the grantors in alphabetical order.

����� (4) The indirect general index shall contain, but need not be limited to, the following:

����� (a) Date and time of reception.

����� (b) Names of grantees.

����� (c) Names of grantors.

����� (d) Nature or type of instrument.

����� (e) Volume and page where recorded or the instrument number.

����� (f) Remarks.

����� (g) Brief description of tract.

����� (5) The clerk shall make in the indirect general index correct entries of every instrument required by law to be entered in the general index direct, entering the names of the grantors in alphabetical order.

����� (6) Whenever any mortgage, bond, judgment or other instrument has been released or discharged from record, or by recording a deed or lease, the clerk shall immediately note in both the direct general index and the indirect general index under the column headed �Remarks,� and opposite the appropriate entry, that such instrument has been satisfied.

����� (7) In lieu of both the direct general index and the indirect general index a county clerk may use a data processing device or computer to provide a combined index to books or records defined in law that shall contain the following:

����� (a) Date and time of reception.

����� (b) Names of grantees.

����� (c) Names of grantors.

����� (d) Nature or type of instrument.

����� (e) Recording number.

����� (f) Brief description of tract.

����� (g) To whom delivered.

����� (h) Fees received.

����� (i) When available, a reference to the instrument being released or discharged.

����� (j) Such other information as the county clerk may require.

����� (8) The county clerk shall provide public access to the combined index and otherwise meet the requirements of ORS chapter 192. [Amended by 1969 c.702 �1; 1987 c.586 �32; 1999 c.654 �17]

����� 205.170 [Repealed by 1979 c.492 �1]

����� 205.180 Entry in appropriate record of instruments received for recording. (1) The county clerk shall make in the appropriate record correct entries of every instrument required by law to be recorded.

����� (2) Whenever any instrument has been received for record, the county clerk shall immediately place upon such instrument a certificate, noting the day, hour and minute of its reception and fees received for recording and, when recorded, a reference to where it is recorded. The date of record of such instrument is the date of recordation.

����� (3) Whenever any instrument has been recorded, the county clerk shall immediately make an entry in the record of the clerk with the amount paid as fee for recording.

����� (4) After such instrument has been recorded the county clerk shall return it to the person who recorded or is authorized to receive the same, writing the name of the person to whom it is delivered in the record. [Amended by 1987 c.586 �33; 1999 c.654 �18]

����� 205.190 Record of plats and maps of towns, villages, cemeteries. Each county clerk shall maintain a record of all maps of towns, villages, or additions to the same, or cemeteries, within the county, together with any description, acknowledgment or other writing therein. The county clerk shall create and store the maps in accordance with archival standards for the preservation of the record. The clerk shall keep an index that may be part of the deed index and shall contain the name of the town, village, addition or cemetery plat. The clerk shall not be bound to perform any duty required by ORS 205.130, 205.160, 205.180 and this section for which a fee is allowed, unless such fee has been paid or tendered, but when any such map has, prior to May 29, 1919, been incorrectly recorded in the plat records or deed records of the county, and such plat so incorrectly recorded is again presented by anyone to the clerk for record, the clerk shall correctly record such map in the record of plats without charge therefor, and shall make notation in the index of the fact of such re-recording, giving the book and page or instrument number where the re-recording appears. The record of the original map so re-recorded, as well as the record of all maps recorded under this section, as well as all original maps or plats recorded prior to May 29, 1919, shall be safely kept in the office of the clerk. The clerk shall not refuse to comply with this section by reason of the fact that some portion of the lands so platted were brought under any statute of this state relating to the registration of land titles. [Amended by 1999 c.710 �10]

����� 205.200 [Amended by 1969 c.532 �1; repealed by 1971 c.88 �8]

����� 205.210 [Repealed by 1981 c.48 �8]

����� 205.220 Recording copies of estate records; copy as evidence. Any copies of records of any estate administered in this state, certified to as true and correct by the clerk of the court in which the estate was or is being administered, shall be received and recorded by the officer having charge of the deed records of any county upon the payment of the fees required by law. A certified copy of such record shall be received as prima facie evidence of the original record in any court of this state.

����� 205.225 Recording association information with county clerk; fees. (1) As used in this section, �association� means an association formed under ORS 94.625, 94.846 or 100.405, or any other association in which a person holds membership by virtue of owning or possessing a real estate interest subject to assessment and lien authority pursuant to a recorded instrument.

����� (2) The board of directors or managing agent of an association may record with the county clerk for the county where the subject property is located a statement of association information. Subject to subsection (3) of this section, the statement shall contain at least the following information:

����� (a) The name of the association as identified in the recorded declaration, conditions, covenants and restrictions or other governing instrument, and the current name of the association, if different;

����� (b) The name, address and daytime telephone number of a managing agent or treasurer of the association or other person authorized to receive:

����� (A) Assessments and fees imposed by the association; or

����� (B) Notice of a transfer of property;

����� (c) A list of the properties, as described for recordation in ORS 93.600, subject to assessment by the association;

����� (d) Information identifying the recorded declaration, conditions, covenants and restrictions or other governing instrument, and a reference to where the instruments are recorded; and

����� (e) If an amended statement is being recorded, information identifying prior recorded statements.

����� (3) The statement may not include information for a purpose that is not related to the identification of the person specified in subsection (2)(b) of this section.

����� (4) The county clerk may charge a fee for recording a statement under this section according to the provisions of ORS 205.320 (1)(d). [Formerly 94.667]

����� Note: 205.225 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 205 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 205.230 [Amended by 1961 c.726 �411; 1965 c.619 �37; part renumbered 205.335; repealed by 1991 c.230 �35]

����� 205.232 Conditions for instruments to be recorded; exception. Except as provided in ORS 205.327, a county clerk shall not accept any instrument for recording unless the text of the instrument is typed, written or printed in 10-point type or larger on paper that is not larger than 14 inches long and 8-1/2 inches wide and which paper is of sufficient quality for recording photographically. However, this section does not apply to out-of-state notarial acts or to certified copies of public records presented to a county clerk for recording. [1991 c.230 �2; 1993 c.321 �3; 2023 c.3 �1]

����� 205.234 Requirements for first page of instruments to be recorded; cover sheet. (1) When an instrument is presented to a county clerk for recording, the first page of the instrument must contain at least:

����� (a) The names of the transactions as required in ORS 205.236;

����� (b) The names of the persons described in ORS 205.125 (1)(a) and (b) and 205.160;

����� (c) The person to whom and, for mailing purposes only, the address to which the instrument will be delivered as provided in ORS 205.180;

����� (d) For instruments that convey or contract to convey fee title to real estate and for memoranda of the instruments, the true and actual consideration paid for the transfer as required by ORS 93.030;

����� (e) For instruments that convey or contract to convey fee title to real estate, the tax statement information required by ORS 93.260;

����� (f) For instruments recorded in the County Clerk Lien Record, the information described in ORS 205.125 (1)(c) and (e); and

����� (g) For instruments that assign a mortgage or trust deed, the name and address of the assignee mortgagee or assignee trust deed beneficiary.

����� (2) Notwithstanding ORS 205.327, if an instrument presented for recording does not contain the information required by subsection (1) of this section, a cover sheet may be prepared that contains the required information. The person that presents the instrument for recording shall prepare the cover sheet. The cover sheet may be attached to the instrument and must be recorded as a part of the instrument. Any errors in the cover sheet do not affect the transactions contained in the instrument. The cover sheet need not be separately signed or acknowledged. [1991 c.230 �3; 1993 c.321 �4; 2007 c.345 �1; 2011 c.505 �3; 2012 c.47 �4]

����� 205.236 Labeling of instrument to be recorded; instrument describing two or more transactions; recordation; fee. (1) An instrument required or permitted by law to be recorded shall be clearly labeled in sufficient detail to enable the clerk to record the instrument in the appropriate record.

����� (2) An instrument describing two or more transactions required or permitted by law to be recorded as separate instruments may be recorded when the instrument is labeled in sufficient detail to enable the clerk to record the transactions in the appropriate records and:

����� (a) The transactions described in the instrument involve the same properties;

����� (b) The transactions are assignments, releases or satisfactions of any recorded instrument;

����� (c) The transactions are liens recorded under ORS 311.675;

����� (d) The transactions are municipal assessment liens being recorded under ORS 93.643;

����� (e) The instrument is recorded under ORS 371.650; or

����� (f) The instrument is a cooperative contract recorded under ORS 62.360.

����� (3) When an instrument described in subsection (2) of this section is accepted for recording by a county clerk, the county clerk shall enter the instrument into the appropriate records.

����� (4) Recording fees shall be charged for recording each additional transaction described in subsection (2) of this section and the fee shall be the fee provided for in ORS

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 446.350

446.350 in a manner which threatens the health or safety of any purchaser commits a Class A misdemeanor.

����� (2) Violation of ORS 446.345 is punishable upon conviction as a Class B misdemeanor. [Amended by 1953 c.490 �21; 1953 c.490 �18; 1959 c.562 �15; 1959 c.683 �33; 1959 c.314 �20; 1967 c.598 �3; 1969 c.533 �10; 1973 c.560 �21; 1973 c.833 �39; 1974 c.36 �13; 1975 c.546 �15; 1983 c.707 �21]

����� 446.995 Civil penalties for violation of ORS 446.661 to 446.756 or related rules. (1) The Department of Consumer and Business Services may impose a civil penalty as provided in ORS 455.895 for each violation, against a licensed manufactured structure dealer or against a person required by a rule adopted pursuant to ORS 446.666 to be licensed, if the dealer or person violates a provision of ORS 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures. If the dealer authorizes a person licensed pursuant to ORS 446.666 to commit a violation, the dealer and person are both subject to civil penalty. Notwithstanding subsection (2) of this section, if a dealer expressly or by implication authorizes an act by a real estate agent described in ORS 446.676 (14) that is a violation, the dealer is subject to the civil penalty for the violation.

����� (2) The department may impose a civil penalty, in an amount not to exceed $5,000 for each manufactured structure improperly sold, brokered or exchanged, or offered or displayed for sale, against a person that:

����� (a) Violates a provision of ORS 446.661 to 446.756 or a rule adopted by the department relating to the sale of manufactured structures if the person does not possess a license required by ORS 446.671 or by rule pursuant to ORS 446.666; or

����� (b) Violates a rule adopted by the department relating to the sale of manufactured structures if the person is exempt from licensing under ORS 446.676. [2003 c.655 �47c]

����� Note: 446.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 446.591

446.591 (5).

����� (6) The security interest holder of a manufactured structure as shown by a document evidencing ownership issued by any jurisdiction.

����� (7) The sale of a manufactured structure by the manufacturer to a manufactured structure dealer. However, a manufacturer must obtain a manufactured structure dealer license under ORS 446.691 in order to sell manufactured structures to retail customers.

����� (8) An insurance adjuster authorized to do business under ORS 744.515 or 744.521 who is disposing of a manufactured structure for salvage.

����� (9) A person who sells or trades or offers to sell or trade a manufactured structure that has been used in the operation of the person�s business unless the person�s business is the buying, selling, brokering, trading or exchanging of manufactured structures, displaying new or used manufactured structures for sale or acting as agent for an owner selling a manufactured structure or for a person interested in buying a manufactured structure.

����� (10) A person who is licensed as a manufactured structure dealer in another jurisdiction and is participating in a temporary exhibition of manufactured structures, if the exhibition includes at least two other manufactured structure dealers licensed in this state or another jurisdiction, lasts 10 days or less and charges admission to the public. An exemption may be claimed under this subsection for a total of not more than 10 days during a calendar year.

����� (11) A person who receives no money, goods or services, either directly or indirectly, for displaying a manufactured structure or acting as an agent in the selling or buying of a manufactured structure.

����� (12) A manufactured dwelling park or mobile home park owner that consigns a manufactured structure for sale by a licensed manufactured structure dealer.

����� (13) The sale of an abandoned manufactured dwelling by a manufactured dwelling park owner pursuant to ORS 90.675 (10) if the park owner makes a reasonable effort to transfer the title for the manufactured dwelling to the purchaser.

����� (14) A licensed real estate broker acting in the employ of, on behalf of or under the supervision of an individual who is both a licensed principal real estate broker and a licensed manufactured structure dealer.

����� (15) A financial institution or trust company acting as attorney in fact under a duly executed power of attorney from the owner or purchaser authorizing the selling, leasing or exchanging of the owner�s or purchaser�s assets. As used in this subsection, �financial institution� and �trust company� have the meanings given those terms in ORS 706.008. [2003 c.655 �27; 2007 c.319 �29; 2019 c.151 �40]

����� Note: See note under 446.661.

����� 446.681 Enjoining unlicensed dealers. The Department of Consumer and Business Services may petition a circuit court for an injunction or other relief against a person dealing in manufactured structures in violation of ORS 446.671. If the court grants the petition, the court shall award reasonable costs and disbursements and attorney and enforcement fees. [2003 c.655 �42]

����� Note: See note under 446.661.

����� 446.686 Notice of proceeding against alleged unlicensed dealer. (1) If the Department of Consumer and Business Services proceeds under ORS 446.681 or 455.895, the department may post a notice on any manufactured structure held in inventory by a person alleged to be acting as a manufactured structure dealer without a license. The notice must state that the person offering the manufactured structure for sale is currently the subject of a proceeding to determine whether the person has a manufactured structure dealer license and that it may be unlawful for the person to sell the manufactured structure to a retail customer.

����� (2) A person may remove a notice posted in accordance with subsection (1) of this section only upon authorization by the department. The department shall authorize removal within 10 days after any one of the following occurs:

����� (a) The dismissal or termination of the proceeding instituted under ORS 446.681 or 455.895;

����� (b) Full payment of any lawfully owing civil penalty and compliance with ORS 446.661 to 446.756; or

����� (c) A finding by the department or a court that the manufactured structure is being offered for sale by a licensed manufactured structure dealer or a person who is exempt from the licensing requirement under ORS 446.676. [2003 c.655 �43]

����� Note: See note under 446.661.

����� 446.691 Issuance of dealer license. The Director of the Department of Consumer and Business Services shall issue a manufactured structure dealer license to an applicant if the applicant:

����� (1) Delivers to the director a bond or letter of credit that meets the requirements under ORS

ORS 446.596

446.596. [2003 c.655 �17]

����� Note: See note under 446.561.

����� 446.610 [1959 c.314 ��11,12,13,14; 1971 c.734 �64; repealed by 1973 c.833 �48]

����� 446.611 Perfection of security interest in manufactured structure having ownership document. (1)(a) Except as provided in paragraph (b) of this subsection, the exclusive means for perfecting a security interest in a manufactured structure that has an ownership document is by application for and notation of the security interest in the manufactured structure ownership document records of the Department of Consumer and Business Services. The application to have a security interest noted may be included as part of the application for issuance of an original ownership document. The department shall record the date of receipt of an application to have a security interest noted on the ownership document. The security interest is perfected as provided in ORS 79A.3110 upon the department�s entering the security interest in the records maintained by the department under ORS 446.571. The department shall note the interest on a new or updated ownership document and send the document as provided in ORS 446.571. A security interest perfected under this section continues in effect until released by the holder of the interest.

����� (b) Paragraph (a) of this subsection does not apply if the debtor who granted the security interest is in the business of selling manufactured structures and the structure constitutes inventory held for sale or lease. The filing provisions of ORS 79A.5010 to 79A.5280 apply to security interests in manufactured structures described in this paragraph.

����� (2) The department shall issue or update an ownership document to reflect a security interest described in subsection (1)(a) of this section and note the interest in the manufactured structure ownership document records maintained by the department. The department shall deliver the ownership document 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 the county assessor for the county in which the manufactured structure is being sited.

����� (3) If the department cancels an ownership document because the manufactured structure is recorded in the deed records of a county, the department shall notify the county assessor of any unreleased security interest recorded in the department�s record for the manufactured structure. The county assessor shall record the security interest information for the structure in the deed records.

����� (4) If a manufactured structure is recorded in the deed records of a county prior to the recording of a security interest, the recording of a security interest in the county deed records satisfies the requirement in ORS 72A.3095 that the security interest be recorded as a mortgage on real estate and is effective as a financing statement perfecting the security interest in the structure as provided in ORS 79A.5020 (3).

����� (5) If a manufactured structure ceases to be exempt from the ownership document requirement, upon recording the termination of the exemption in the deed records, the county assessor shall notify the department of any unreleased interest shown on the deed record for the manufactured structure. The department shall note the security interest information on the ownership document issued by the department. [2003 c.655 �18]

����� Note: See note under 446.561.

����� 446.615 [1971 c.588 �15; repealed by 1973 c.833 �48]

����� 446.616 Transfer of interest in manufactured structure. (1) Except as otherwise provided in subsection (2) or (3) of this section, upon the transfer of any interest in a manufactured structure shown on an ownership document, each person whose interest is released, terminated, assigned or transferred shall acknowledge the release, termination, assignment or transfer of that interest in a manner specified by the Department of Consumer and Business Services by rule. The department shall design the rules adopted for purposes of this subsection to protect the interests of all parties to the transfer of interest.

����� (2) Notwithstanding subsection (1) of this section:

����� (a) In the case of a transfer of an interest by operation of law, the personal representative, receiver, trustee, sheriff, landlord or other representative or successor in interest of the person whose interest is transferred shall file the acknowledgment described in subsection (1) of this section. The representative or successor shall also provide the transferee with information satisfactory to the department concerning all facts entitling the representative or successor to transfer the interest. If there is no person to transfer the interest, the person to whom interest is awarded or otherwise transferred is responsible for providing the information concerning the person�s entitlement to the interest.

����� (b) In the case of a transfer at death of the interest of the owner or security interest holder of the manufactured structure, if the estate is not being probated and ownership is not being transferred under the provisions of ORS 114.547, an interest in the manufactured structure may be assigned through the use of an affidavit. The affidavit must be on a form prescribed by the department and signed by all of the known heirs of the person whose interest is being transferred, and shall state the name of the person to whom the ownership interest has been passed. If any heir has not arrived at the age of majority or is otherwise incapacitated, the parent or guardian of the heir shall sign the affidavit.

����� (c) In the case of a transfer at death of the interest of the owner or security interest holder where transfer occurs under ORS 114.547, the affiant, as defined in ORS

ORS 446.706

446.706 and the person:

����� (a) Sells, brokers, trades or exchanges a manufactured structure, or offers to sell, trade or exchange a manufactured structure, either outright or by means of any conditional sale, consignment or otherwise;

����� (b) Displays a new or used manufactured structure for sale; or

����� (c) Acts as an agent for the owner of a manufactured structure to sell the structure or for a person interested in buying a manufactured structure to buy the structure.

����� (2) Acting as a manufactured structure dealer without a license is a Class A misdemeanor. [2003 c.655 �26; 2005 c.22 �322]

����� Note: See note under 446.661.

����� 446.676 Exceptions to prohibition against unlicensed dealer activity. ORS 446.671 does not apply to the following manufactured structures or persons:

����� (1) A unit of government or a public or private utility.

����� (2) The owner of a manufactured structure, as shown by a document evidencing ownership issued by any jurisdiction if the person owned the manufactured structure for personal, family or household purposes. If the person sells, trades, displays or offers for sale, trade or exchange two or more manufactured structures during a calendar year, the person has the burden of proving that the person owned the structures primarily for personal, family or household purposes.

����� (3) A conservator, receiver, trustee, personal representative or public officer while performing any official duties. The exemption provided by this subsection applies to actions taken for the purposes of winding up the affairs of a manufactured structure dealer or dealership and not to the continuing operation of a dealership.

����� (4) A real estate licensee representing a buyer or seller in a transaction involving real property under ORS 308.875 or a manufactured structure that is recorded in the deed records of a county.

����� (5) An escrow agent making an application for an ownership document as described under ORS

ORS 448.279

448.279.

����� (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys.

����� (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540.

����� (6) �Developer� means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property.

����� (7)(a) �General contractor� means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board.

����� (b) �General contractor� does not mean a specialty contractor or a residential limited contractor.

����� (8)(a) �Home improvement� means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:

����� (A) Residence that is a site-built home;

����� (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

����� (C) Modular home constructed off-site;

����� (D) Manufactured dwelling; or

����� (E) Floating home, as defined in ORS 830.700.

����� (b) �Home improvement� does not include a renovation, remodel, repair or alteration by a residential contractor:

����� (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or

����� (B) That the residential contractor performed in the course of constructing a new residential structure.

����� (9)(a) �Home inspector� means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure.

����� (b) �Home inspector� does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

����� (10) �Key employee� means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

����� (11) �Large commercial structure� means a structure that is not a residential structure or small commercial structure.

����� (12) �Officer� means any of the following persons:

����� (a) A president, vice president, secretary, treasurer or director of a corporation.

����� (b) A general partner in a limited partnership.

����� (c) A manager in a manager-managed limited liability company.

����� (d) A member of a member-managed limited liability company.

����� (e) A trustee.

����� (f) A person the board defines by rule as an officer. The definition of officer adopted by board rule may include persons not listed in this subsection who may exercise substantial control over a business.

����� (13) �PEO relationship� has the meaning given that term in ORS 656.849.

����� (14) �Professional employer organization� has the meaning given that term in ORS 656.849.

����� (15) �Residential contractor� means a licensed contractor that holds an endorsement as a:

����� (a) Residential general contractor;

����� (b) Residential specialty contractor;

����� (c) Residential limited contractor;

����� (d) Residential developer;

����� (e) Residential locksmith services contractor;

����� (f) Residential restoration contractor;

����� (g) Home inspector services contractor;

����� (h) Home services contractor; or

����� (i) Home energy performance score contractor.

����� (16) �Residential developer� means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure.

����� (17)(a) �Residential structure� means:

����� (A) A residence that is a site-built home;

����� (B) A structure that contains one or more dwelling units and is four stories or less above grade;

����� (C) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

����� (D) A modular home constructed off-site;

����� (E) A manufactured dwelling;

����� (F) A floating home as defined in ORS 830.700; or

����� (G) An appurtenance to a home, structure, unit or dwelling described in subparagraphs (A) to (F) of this paragraph.

����� (b) �Residential structure� does not mean:

����� (A) Subject to paragraph (a)(C) of this subsection, a structure that contains both residential and nonresidential units;

����� (B) Transient lodging;

����� (C) A residential school or residence hall;

����� (D) A state or local correctional facility;

����� (E) A youth correction facility as defined in ORS 420.005;

����� (F) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;

����� (G) A detention facility as defined in ORS 419A.004;

����� (H) A nursing home;

����� (I) A hospital; or

����� (J) A place constructed primarily for recreational activities.

����� (18) �Responsible managing individual� means an individual who:

����� (a) Is an owner described in ORS 701.094 or an employee of the business;

����� (b) Exercises management or supervisory authority, as defined by the board by rule, over the construction activities of the business; and

����� (c)(A) Successfully completed the training and testing required for licensing under ORS 701.122 within a period the board identifies by rule;

����� (B) Demonstrated experience the board requires by rule; or

����� (C) Complied with the licensing requirements of ORS 446.395.

����� (19) �Small commercial structure� means:

����� (a) A nonresidential structure that has a ground area of 10,000 square feet or less, including exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the structure;

����� (b) A nonresidential leasehold, rental unit or other unit that is part of a larger structure, if the unit has a ground area of 12,000 square feet or less, excluding exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the unit;

����� (c) A nonresidential structure of any size for which the contract price of all construction contractor work to be performed on the structure as part of a construction project does not total more than $250,000; or

����� (d) An appurtenance to a structure or unit described in paragraphs (a) to (c) of this subsection.

����� (20) �Specialty contractor� means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of �general contractor.� �Specialty contractor� includes a person who performs work regulated under ORS 446.395.

����� (21) �Zero-lot-line dwelling� means a single-family dwelling unit constructed in a group of attached units in which:

����� (a) Each attached unit extends from foundation to roof with open space on two sides; and

����� (b) Each dwelling unit is separated by a property line.

����� 701.007 [1989 c.928 �3; repealed by 1991 c.79 �3]

����� 701.010 Exemptions from licensure; rules. The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:

����� (1) A person who is constructing, altering, improving or repairing personal property.

����� (2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

����� (3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

����� (4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person�s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

����� (5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

����� (6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.

����� (7) A person performing work on a property that person owns or performing work as the owner�s employee, whether the property is occupied by the owner or not, or a person performing work on that person�s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner�s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.

����� (8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:

����� (a) An architect registered by the State Board of Architect Examiners.

����� (b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.

����� (c) A water well contractor licensed by the Water Resources Department.

����� (d) A sewage disposal system installer licensed by the Department of Environmental Quality.

����� (e) A landscape contracting business licensed under ORS 671.510 to 671.760.

����� (f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

����� (g) An appraiser certified or licensed under ORS chapter 674 or an appraiser assistant registered under ORS chapter 674 by the Appraiser Certification and Licensure Board.

����� (9) A landscape contracting business operating within the scope of a license issued under ORS

ORS 456.599

456.599 and 469.631 to 469.687 shall be known as the Oregon Residential Energy Conservation Act. [1981 c.778 �1; 2003 c.46 �52]

ENERGY CONSERVATION PROGRAMS

(Single Family Residence)

����� 469.700 Energy efficiency ratings; public information; �single family residence� defined. (1) The Residential and Manufactured Structures Board or the Construction Industry Energy Board, after public hearing and subject to the approval of the Director of the Department of Consumer and Business Services, shall adopt a recommended voluntary energy efficiency rating system for single family residences and provide the State Department of Energy with a copy thereof.

����� (2) The rating system shall provide a single numerical value or other simple concise means to measure the energy efficiency of any single family residence, taking into account factors including, but not limited to, the heat loss characteristics of ceilings, walls, floors, windows, doors and heating ducts.

����� (3) Upon adoption of the rating system under subsections (1) and (2) of this section, the department shall publicize the availability of the system, and encourage its voluntary use in real estate transactions.

����� (4) As used in subsections (1) to (3) of this section, �single family residence� means a structure designed as a residence for one family and sharing no common wall with another residence of any type. [1977 c.413 ��1,2,3; 1993 c.744 �113; 2003 c.675 �44; 2009 c.567 ��9,22]

(Home Energy Performance Score System)

����� 469.703 Home energy performance score system; home energy assessors; reports; database; rules. (1) As used in this section:

����� (a) �Home energy assessor� has the meaning given that term in ORS 701.527.

����� (b) �Home energy audit� means the evaluation or testing of components or systems in a residential building for the purpose of identifying options for increasing energy conservation and energy efficiency.

����� (c) �Home energy performance score� has the meaning given that term in ORS 701.527.

����� (2) In consultation with the Public Utility Commission, the State Department of Energy shall adopt by rule a home energy performance score system by which a person may assign a residential building a home energy performance score for the purpose of evaluating the energy conservation and energy efficiency of the building.

����� (3) The department shall designate by rule programs for the training of home energy assessors. Programs designated by the department under this subsection must ensure competency in conducting home energy audits and assigning home energy performance scores.

����� (4) Subject to subsection (5) of this section, the department may adopt by rule requirements under which home energy assessors who are certified under ORS 701.532 must report to the department the home energy performance scores assigned by the home energy assessors. The department shall keep and maintain a database of information reported to the department under this subsection.

����� (5) Rules adopted under subsection (4) of this section may not allow for the reporting of individual addresses of residential structures or the names of individual homeowners, but may allow for the reporting of information regarding the jurisdiction in which a residential structure is located and the utility services provided, any specific energy efficiency features of the residential structure or other general information that allows the department to make any aggregated evaluations of savings attributable to energy efficiency. [2013 c.383 �12]

����� Note: 469.703 was enacted into law by the Legislative Assembly but was 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.

(Low Interest Loans)

����� 469.710 Definitions for ORS 469.710 to 469.720. As used in ORS 469.710 to 469.720, unless the context requires otherwise:

����� (1) �Annual rate� means the yearly interest rate specified on the note, and is not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act.

����� (2) �Commercial lending institution� means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this state.

����� (3) �Cost-effective� means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure may not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

����� (4) �Dwelling� means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. �Dwelling� includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing. �Dwelling� does not include a recreational vehicle as defined in ORS 174.101.

����� (5) �Dwelling owner� means the person who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for purchase of real property.

����� (6) �Energy audit� means:

����� (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

����� (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

����� (c) An estimate of the cost of the energy conservation measures that includes:

����� (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

����� (B) The items installed; and

����� (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

����� (A) Passive solar space heating and solar domestic water heating in the dwelling; and

����� (B) Solar swimming pool heating, if applicable.

����� (7) �Energy conservation measures� means measures that include the installation of items and the items installed that are primarily designed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. �Energy conservation measures� does not include the dwelling owner�s own labor.

����� (8) �Finance charge� means the total of all interest, loan fees and other charges related to the cost of obtaining credit and includes any interest on any loan fees financed by the lending institution.

����� (9) �Fuel oil dealer� means a person, association, corporation or any other form of organization that supplies fuel oil at retail for the space heating of dwellings.

����� (10) �Residential fuel oil customer� means a dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil service for space heating received at the dwelling.

����� (11) �Space heating� means the heating of living space within a dwelling.

����� (12) �Wood heating resident� means a person whose primary space heating is provided by the combustion of wood. [1981 c.894 �22; 1987 c.749 �5; 1989 c.648 �69; 2005 c.22 �342; 2019 c.422 �36]

����� 469.715 Low interest loans for cost-effective energy conservation; rate. (1) Dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents, shall be eligible for low-interest loans for cost-effective energy conservation measures through commercial lending institutions.

����� (2) The annual rate shall not exceed six and one-half percent annually for loans provided by commercial lending institutions to dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents for the purpose of financing energy conservation measures pursuant to ORS 469.710 to 469.720. [1981 c.894 ��23,24; 1987 c.749 �6]

����� 469.717 When installation to be completed. (1) Installation of the energy conservation measures must be completed within 90 days after receipt of loan funds. The State Department of Energy may provide an inspection at the owner�s request.

����� (2) Notwithstanding the provisions of subsection (1) of this section, the department may inspect installation of energy conservation measures to verify that all loan or other state subsidy funds have been used for energy conservation measures recommended in the audit, that installation has been performed in a workmanlike manner and that materials used satisfy prevailing industry standards. If requested to do so by the department, the dwelling owner shall provide the department with copies of receipts and any other documents verifying the cost of energy conservation measures. [1987 c.749 �3]

����� 469.719 Eligibility of lender for tax credit not affected by owner�s failure. Eligibility of the lender for any tax credit under ORS 317.112 shall not be affected by any dwelling owner�s failure to use the loan for qualifying energy conservation measures. [1987 c.749 �4]

����� 469.720 Energy audit required; permission to inspect required; owner not to receive other incentives. (1) A dwelling owner who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may not apply for low-interest financing under ORS 469.710 to 469.720 unless:

����� (a) The dwelling owner, customer or resident has first requested and obtained an energy audit from a fuel oil dealer, a publicly owned utility or an investor-owned utility or from a person under contract with the State Department of Energy under ORS

ORS 457.045

457.045. All duties and obligations of the urban renewal agency shall thereafter be assumed by the body to which those powers are transferred. [1979 c.621 �16 (enacted in lieu of 457.145)]

����� 457.060 [Repealed by 1979 c.621 �28]

����� 457.065 Advisory board for housing authority acting as urban renewal agency. For the purpose of coordinating its activities and undertakings under this chapter with the needs and undertakings of other local organizations and groups, a housing authority exercising the powers of an urban renewal agency under ORS 457.045 shall establish an advisory board consisting of the chairperson of the authority, who shall be chairperson of the advisory board, and of sufficient members, to be appointed by the chairperson, to represent as far as practicable:

����� (1) The general public and consumers of housing.

����� (2) General business interests.

����� (3) Real estate, building and home financing interests.

����� (4) Labor.

����� (5) Any official planning body in the locality.

����� (6) Church and welfare groups. [Formerly 457.100]

����� 457.070 [Repealed by 1979 c.621 �28]

����� 457.075 Termination of urban renewal agency. If the governing body of a municipality which has an urban renewal agency under ORS 457.035 finds that there no longer exists a need for an urban renewal agency in the municipality, the governing body shall provide, by ordinance, for a termination of the agency and a transfer of the agency�s facilities, files and personnel to the municipality. The termination of an urban renewal agency shall not affect any outstanding legal actions, contracts or obligations of the agency and the municipality shall be substituted for the agency and, for the purpose of those legal actions, contracts or obligations, shall be considered a continuation of the urban renewal agency and not a new entity. No urban renewal agency shall be terminated under this section unless all indebtedness to which a portion of taxes is irrevocably pledged for payment under ORS 457.420 to

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 476.610

476.610.

����� (b) Provide additional living expenses to an insured, subject to the policy limits for additional living expenses, for a period of 24 months after the date of the damage or loss to the insured�s primary dwelling if the damage or loss occurred in a location that was subject to a declaration of a state of emergency under ORS 401.165 and the damage or loss is directly related to the emergency that was the subject of the declaration.

����� (c) Add time to each of the periods described in paragraphs (a) and (b) of this subsection in increments of six months for a total period of not more than 24 months under paragraph (a)(A) of this subsection and a total period of not more than 36 months under paragraphs (a)(B) and (b) of this subsection if an insured, acting in good faith and with reasonable diligence, encounters unavoidable delays in obtaining a construction permit, lacks necessary construction materials, lacks available contractors to perform necessary work or encounters other circumstances beyond the insured�s control.

����� (3) Subsection (2) of this section does not prohibit an insurer from allowing an insured additional time to collect the full replacement cost for lost or damaged property or for additional living expenses.

����� (4) A policy of homeowner insurance may not limit or deny a payment of the replacement cost or building code upgrade cost, including a payment of any extended replacement cost available under the policy coverage, for an insured�s structure that was a total loss on the basis that the insured decided to rebuild in a new location or to purchase an existing structure in a new location if the policy otherwise covers the replacement cost or building code upgrade cost, except that the measure of indemnity may not exceed the replacement cost, building code upgrade cost or extended replacement cost for repairing, rebuilding or replacing the structure at the original location of the loss. [2021 c.262 �2; 2023 c.67 �3]

����� 742.273 Property losses in locations subject to declarations of emergency; required provisions of homeowner insurance policy; limits on payments. If a loss covered under a policy of homeowner insurance, as defined in ORS 746.600, occurs in a location that was subject to a declaration of emergency under ORS 401.165 and the loss is directly related to the emergency that was the subject of the declaration, the policy of homeowner insurance must require the insurer to combine coverage limits that apply to claims for a loss of the insured�s primary dwelling and claims for a loss of other covered structures if the coverage limit that applies to the insured�s primary dwelling is insufficient to pay for rebuilding or replacing the primary dwelling. The amount an insurer pays under the total combined coverage limits may not exceed the amount that would be necessary to repair the actual damage to, or replace, as appropriate, the insured�s primary dwelling. The insurer shall pay in accordance with the terms of the policy of homeowner insurance the amount of any claim for a loss other than damage to the insured�s primary dwelling. [2021 c.262 �3]

����� 742.276 Estimates of cost to rebuild or replace covered property. An insurer shall provide to an insured every other year at the time the insurer offers to renew a policy of homeowner insurance, as defined in ORS 746.600, an opportunity to obtain a new estimate of the cost necessary to rebuild or replace the covered property if the insured provides information necessary for the estimate. [2021 c.262 �4]

����� 742.277 Notice of cancellation, nonrenewal or rate change related to wildfire risk; risks and remedies; additional requirements; rules. (1) As used in this section:

����� (a) �Homeowner insurance� has the meaning given that term in ORS 746.600.

����� (b) �Wildfire risk mitigation action� means an action that reduces wildfire risk to property, including:

����� (A) A property-level action, such as establishing defensible space, hardening a building or receiving certification from the Insurance Institute for Business and Home Safety for a Wildfire Prepared Home or a similar entity.

����� (B) A community-level action, such as receiving recognition as a Firewise USA Site in Good Standing or recognition from a similar entity or participating in community risk reduction programs established by the State Fire Marshal.

����� (2) An insurer that cancels or decides not to renew a homeowner insurance policy for a property, or that increases a premium for a homeowner insurance policy for a property, for a reason that is not nonpayment of a premium and that is materially related to wildfire risk, shall send a notice of the cancellation, decision not to renew or premium increase to the insured that describes:

����� (a) Any property-specific characteristics related to wildfire risk that resulted in the cancellation, decision not to renew or premium increase.

����� (b) Wildfire risk mitigation actions the insured could undertake to improve the insurability of the property, if there are any.

����� (c) If the insurer used wildfire risk scores or classifications to assess the property, the following information:

����� (A) In plain language, a description of how wildfire risk scores and classifications are determined, including a description of any general variables the insurer considers.

����� (B) The range of wildfire risk scores or classifications that could potentially be assigned to a property.

����� (C) The relative position of the wildfire risk score or classification assigned to the property.

����� (D) Impacts, if there are any, that wildfire risk mitigation actions could have on a wildfire risk score or classification assigned to the property.

����� (d) General information about factors the insurer considers in order to classify, measure or otherwise determine the wildfire risk to a property.

����� (e) Any other information specified by rule by the Department of Consumer and Business Services.

����� (3) In addition to the requirements of subsection (2) of this section, a notice for a premium increase that is materially related to wildfire risk must describe:

����� (a) What wildfire risk mitigation actions the insured could undertake, if any, that would result in a discount, incentive or other premium adjustment.

����� (b) The amount of the potential discount, incentive or other premium adjustment. [2023 c.67 �1]

����� Note: 742.277 and 742.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 742 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 742.278 Prohibition on uses of map of wildfire risk or exposure. An insurance company may not use a map published by an agency of this state that identifies areas of wildfire risk or exposure as a basis for:

����� (1) Canceling or declining to renew a homeowner insurance policy; or

����� (2) Increasing a premium for a homeowner insurance policy. [2023 c.67 �4]

����� Note: See note under 742.277.

HOME PROTECTION INSURANCE

����� 742.280 Home protection insurance; rules. (1) A home protection policy shall specify:

����� (a) The home, home components and personal property relating to the home or its components that are covered by the policy.

����� (b) The exclusions to and limitations on the coverage.

����� (c) The period during which the policy will be in effect and the renewal terms, if any.

����� (d) The particulars regarding the performance of services, if any, by or on behalf of the insurer, including but not necessarily limited to the following:

����� (A) The kinds of services to be performed by or on behalf of the insurer, and the terms and conditions of the performance.

����� (B) The service fee or deductible amount, if any, to be charged for the services.

����� (C) All limitations regarding the performance of services, including any restrictions on the time period during which, or geographical area within which, services may be requested or will be performed.

����� (D) A statement that services will be performed upon the insured�s telephoned request to the insurer, without any requirement that a claim form or service application be filed before service is performed.

����� (E) A representation that services will be initiated by or under the direction of the insurer within 48 hours after request is made for services.

����� (e) All other provisions which are required by the Insurance Code or by rules issued by the Director of the Department of Consumer and Business Services.

����� (2) A home protection policy shall be noncancelable during the term for which it is originally written, except for nonpayment of the premium charge for the policy or for fraud or misrepresentation of facts material to the issuance of the policy. However, a policy providing coverage while the subject home is being offered for sale is cancelable in accordance with the policy provisions if no sale is made. A home protection policy is not renewable unless its terms provide otherwise.

����� (3) The director may adopt rules regarding home protection policies in order to protect the interests of persons affected by the policy contract. The director may not adopt rules specifying the home components or related personal property which must be covered by a home protection policy, except to the extent necessary to:

����� (a) Obtain fairness in the exclusions from coverage; or

����� (b) Avoid illusory coverage caused by the nature or extent of the exclusions from coverage. [Formerly 743.690]

MORTGAGE INSURANCE

����� 742.282 Limitations on issuance of mortgage insurance. (1) No mortgage insurer shall provide insurance with respect to an obligation which exceeds, solely or in combination with liens existing at the time the insured loan is made:

����� (a) Ninety-five percent of the fair market value of the securing property at the time the loan is made, or such higher percentage as may be authorized by the Director of the Department of Consumer and Business Services and permitted by the insurer�s domicile, if the obligation insured is secured by a mortgage, deed of trust or other instrument constituting a first lien or first charge.

����� (b) Ninety percent of the fair market value of the securing property at the time the loan is made, or such higher percentage as may be authorized by the director and permitted by the insurer�s domicile, if the obligation insured is secured by a mortgage, deed of trust or other instrument constituting a junior lien or junior charge. In determining the 90 percent limitation, the full amount of a line of credit to be secured by a junior lien shall be considered the amount of the loan.

����� (2) A mortgage insurer at its option may limit its coverage net of reinsurance to a maximum of 25 percent of the amount of the obligation insured if the obligation insured is secured by a mortgage, deed of trust or other instrument constituting a first lien or first charge. In such event, the mortgage insurer may, in lieu of acquiring title to the property securing the obligation and paying the entire obligation, elect to pay its coverage percent of the obligation. In computing the aggregate amount of insured obligations under ORS 731.516, only the percent of the coverage net of reinsurance on the insured obligation shall be included in the aggregate amount.

����� (3) A mortgage insurer may insure an obligation secured by a mortgage, deed of trust or other instrument constituting a junior lien or junior charge, subject to the following provisions:

����� (a) The mortgage insurer shall limit its coverage net of reinsurance to a maximum of 25 percent of the amount of the obligation insured and all liens existing at the time the insured loan is made. In computing the aggregate amount of insured obligations under ORS 731.516, only the percent of the coverage net of reinsurance shall be included in the aggregate amount.

����� (b) Notwithstanding paragraph (a) of this subsection, the mortgage insurer may elect to insure a portfolio of loans secured by instruments constituting a junior lien on real estate, provided that the total amount at risk in any one portfolio shall not at any time exceed 20 percent of the original principal mortgage loans insured.

����� (c) In lieu of acquiring title to the property securing an obligation to which this subsection applies and paying the entire obligation, the mortgage insurer may elect to pay its coverage percent of the obligation.

����� (4) A mortgagor shall not be required to pay, directly or indirectly, the cost of mortgage insurance on a loan secured by a junior lien when the indebtedness evidencing that loan, combined with all existing mortgage loan amounts at the time the loan is made, is less than 60 percent of the fair market value of the real estate at the time the junior loan is made. No mortgagee or financial institution shall be required to obtain mortgage insurance or junior lien mortgage insurance by reason of this section.

����� (5) No mortgage insurer shall issue a policy of lease insurance with respect to real property not improved by a building or buildings designed to be occupied for industrial or commercial purposes. [Formerly 746.030 and then 743.705; 1991 c.67 �197; 1995 c.582 �2]

����� 742.284 Insured obligations as legal investments and securities for deposit. (1) Obligations insured by mortgage insurance policies issued in conformity with the Insurance Code shall be legal investments for all trust funds held by any executor, administrator, conservator, trustee or other person or corporation holding trust funds, and also for the funds of banks, banking institutions and trust companies, and shall be accepted by this state and its officers and officials as securities constituting any part of any fund or deposit required by law to be made with this state, or any officer or official thereof, by any trust company doing business in this state. All premiums required to be paid according to the terms of any such mortgage insurance policy may be charged to or paid out of the income from the obligations covered thereby. In the case of such fund or deposit required by law, such obligations must constitute a first lien on real property that is worth at least double the amount of such lien.

����� (2) The provisions of subsection (1) of this section with respect to legal investments for funds shall also apply to obligations not so insured if:

����� (a) The obligation constitutes a first lien upon a marketable title to real property;

����� (b) There exists a lease insurance policy covering the property securing the obligation, issued in conformity with the Insurance Code;

����� (c) The aggregate lease payments so insured exceeds the amount of the obligation; and

����� (d) The insurer is legally bound to remit all lease insurance proceeds directly to the owner of the obligation. [Formerly 746.080 and then 743.708]

����� 742.286 Mortgage insurance; who may write. All policies and contracts of insurance covering liens or security interests in real property shall be written by authorized mortgage insurers. No other class of insurer may write any form of mortgage insurance. [Formerly 743.711]

����� 742.300 [Formerly 743.720; repealed by 1993 c.265 �14]

����� 742.302 [Formerly 743.723; repealed by 1993 c.265 �14]

SURETY INSURANCE

����� 742.350 Bonds, undertakings and other obligations required by law may be executed by surety insurers. (1) Whenever any bond, undertaking, recognizance, or other obligation is by law or the charter, ordinance, rules or regulations of any municipality, board, body, organization, court, judge or public officer required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guaranty may be executed by an authorized surety insurer.

����� (2) The execution by such an insurer of any such obligation is in all respects a full and complete compliance with every requirement that it be executed by one surety, or by one or more sureties, or that such sureties be residents or householders, or freeholders, or either or both, or possess any other qualification.

����� (3) A surety insurer may be required to justify as surety. It shall be sufficient justification for such surety insurer when examined as to its qualifications to exhibit the certificate of authority issued to it by the Director of the Department of Consumer and Business Services or a certified copy thereof. [Formerly

ORS 479.945

479.945;

����� (3) A tow truck operator performing work for a towing business certified under ORS 822.205;

����� (4) A construction contractor licensed under this chapter or an owner, officer or employee of the licensed construction contractor, when acting within the scope of the contractor�s license, if the contractor, owner, officer or employee does not hold out as a provider of locksmith services;

����� (5) Work performed by a manufacturer on a manufactured structure, modular building or structure or prefabricated structure that is or was produced by the manufacturer;

����� (6) A property owner or regular employee of the property owner, when performing work on the property;

����� (7) A property management company or the regular employee of a property management company, when performing work on the managed property;

����� (8) A real estate property manager as defined in ORS 696.010, or the employee of a property manager, performing work in the course of managing rental real estate;

����� (9) A landlord or landlord�s agent, both as defined in ORS 90.100;

����� (10) A manufacturer of locks; or

����� (11) A person performing work as the representative of a manufacturer, wholesaler, distributor or retailer of locks. [2009 c.781 �5]

����� 701.495 Residential locksmith services contractor license; exemption from testing and continuing education. (1) A residential locksmith services contractor license authorizes the holder to operate a business providing the services of locksmiths as defined in ORS

ORS 517.042

517.042 to 517.052 are void. [Subsection (1) formerly 517.050; subsection (2) enacted as 1961 c.525 �6]

����� 517.070 Certain locations subject to prior rights. Any location of any mining claim made upon any natural stream, or contiguous or near to any placer mine, or upon or below the dump of any placer mine, shall be subject to the prior right of all mines in operation prior to the making of such location, to discharge debris, gravel, earth, and slickens which were or may be discharged at the time of making such subsequent location.

����� 517.080 Mining claims as realty. All mining claims, whether quartz or placer, are real estate. The owner of the possessory right thereto has a legal estate therein within the meaning of 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 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 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 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 576.006

576.006 to 576.022, and as specified by the Director of Agriculture. The Agricultural Development Division shall consist of a market development service and a commodity development service. [1955 c.572 �2; 1983 c.740 �221; 1985 c.623 �3]

����� 576.010 [Repealed by 1953 c.119 �2]

����� 576.013 Purpose of market development and commodity development services; powers of department; limitations. (1) The purpose of the market development service of the Agricultural Development Division shall be to assist in the establishment and development of new markets and to maintain or expand existing domestic and foreign markets for farm and food commodities produced or processed in this state. The purpose of the commodity development service of the Agricultural Development Division shall be to assist in the development and improvement of farm and food commodities and their values and uses.

����� (2) In furthering the purpose of the market development service, the State Department of Agriculture may:

����� (a) Collect and disseminate information relating to the availability, quality and uses of farm and food commodities produced or processed in this state, including participation in demonstrations, fairs and exhibits;

����� (b) Serve as an intermediary between prospective purchasers and sellers of farm and food commodities produced or processed in this state as to source of supply and demand;

����� (c) After notice to and with the approval of the Governor, represent the state in matters of legislation or rulemaking affecting the establishment, development, maintenance or expansion of markets for farm and food commodities produced or processed in this state;

����� (d) Cooperate with and aid producers, processors, distributors and prospective purchasers of farm and food commodities in establishing, or improving and maintaining, an efficient system of production, processing, distribution and marketing of farm and food commodities;

����� (e) Investigate delays, embargoes, conditions and practices, charges and rates in the marketing, transportation and handling of farm and food commodities produced or processed in this state, and when an investigation discloses a probable violation of state or federal law, make recommendations to the proper state or federal authorities for appropriate action;

����� (f) Engage in negotiations with common and contract carriers and initiate or participate in the prosecution of proceedings before agencies engaged in freight rate regulation within or without this state in matters relating to the establishment of new freight rates, the modification of existing freight rates or to unjust, unreasonable or discriminatory rates or practices affecting the cost of transportation, production or processing of farm or food commodities produced or processed in this state;

����� (g) Investigate the advisability and need for establishment of terminal, regional, assembly, dock and other distributing facilities for the delivery, sale and distribution of farm and food commodities at or near the point of purchase or use, and advise and cooperate with public or private agencies or organizations in promoting the establishment, construction or acquisition of the facilities for public use and make recommendations as to their operations;

����� (h) Accept grants from public or private agencies, organizations or persons, with any grant treated as a trust fund, separate and distinct from the General Fund, within the meaning of ORS chapters 291 and 293;

����� (i) Consult with other states in development of joint programs for the establishment, development, maintenance or expansion of domestic and foreign markets on a mutual basis;

����� (j) Cooperate with the Oregon Business Development Department of this state in foreign and domestic marketing matters of common interest; and

����� (k) Enter into agreements with public and private entities in new or existing markets to assist the establishment, development, maintenance or expansion of those markets and provide for sampling, testing, certification or other procedures or processes to facilitate the movement of, or optimize the value of, farm and food products.

����� (3) In furthering the purpose of the commodity development service, the department may:

����� (a) Collect and disseminate information relating to new or alternate crop production, processing and marketing feasibilities to producers of farm and food commodities;

����� (b) Assist the commodity commissions in carrying out mutual or joint scientific research efforts and mutual or joint development of the commercial values and new and additional uses of their commodities; and

����� (c) Accept grants from public or private agencies, organizations or persons, with any grant treated as a trust fund, separate and distinct from the General Fund, within the meaning of ORS chapters 291 and 293.

����� (4) Nothing in ORS 576.006 to 576.022 shall authorize, or modify the limitations on authority under ORS 561.170 for, the Agricultural Development Division, or its staff to:

����� (a) Engage in any commercial transaction involving farm or food commodities as purchaser, seller, broker or dealer; or

����� (b) Acquire or own any farm or food commodities or real property associated with them. [1955 c.572 �3; 1985 c.623 �4; 1989 c.966 �64; 2009 c.188 �1]

����� 576.015 [1953 c.489 �37; renumbered

ORS 58.527

58.527������ Price for purchase or redemption of shares of disqualified or deceased shareholder

GENERAL PROVISIONS

����� 58.005 Short title. This chapter shall be known and may be cited as the �Oregon Professional Corporation Act.� [1969 c.592 �1]

����� 58.010 [Repealed by 1961 c.726 �427]

����� 58.015 Definitions. As used in this chapter, unless the context requires otherwise:

����� (1) �Foreign professional corporation� means a professional corporation organized under laws other than the laws of this state.

����� (2) �License� includes a license, certificate of registration, permit or other legal authorization required by law as a condition precedent to the rendering of professional service or services within this state.

����� (3) �Oregon Business Corporation Act� has the same meaning given that term in ORS 60.951.

����� (4) �Practicing medicine� has the meaning given that term in ORS 677.085.

����� (5) �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 or certified 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.

����� (6) �Professional corporation� or �domestic professional corporation� means a corporation organized under this chapter for the specific purpose of rendering professional service or services and for such other purposes provided under this chapter.

����� (7) �Professional service� means personal service or services rendered in this state to the public which may be lawfully rendered only pursuant to a license by a professional.

����� (8) �Regulatory board� means the governmental agency of the State of Oregon required or authorized by law to license and regulate the rendering of a professional service or services for which a professional corporation is organized. [1969 c.592 �2; 1971 c.362 �3; 1985 c.728 �42; 1985 c.764 �3; 1987 c.94 �14; 1993 c.235 �1; 1997 c.774 �1; 2003 c.14 �24; 2005 c.254 �11; 2009 c.833 �27; 2013 c.129 �21; 2013 c.196 �16]

����� 58.020 [Repealed by 1961 c.726 �427]

����� 58.025 [1969 c.592 �3; 1971 c.184 �4; repealed by 1985 c.728 �110]

����� 58.030 [Repealed by 1961 c.726 �427]

����� 58.035 Application to persons licensed to render professional services. Except as provided in ORS 58.037, this chapter does not affect the right of persons licensed to render professional service or services within this state from so doing in any other business form permitted them by law, rules and regulations of the regulatory board of their profession and standards of professional conduct of their profession. [1969 c.592 �4; 1993 c.235 �2]

����� 58.037 Application to joint and several liability of shareholders of corporation organized under ORS chapter 60 for purpose of rendering professional services; exemption; application to architects. (1) Notwithstanding any provision of ORS chapter 60 or ORS 58.035, this chapter shall apply to a corporation, and to the joint and several liability of the shareholders of a corporation, organized by a professional under ORS chapter 60 for the purpose of rendering professional service or services unless, prior to December 1, 1992:

����� (a) The professional�s regulating board authorized incorporation under ORS chapter 60; and

����� (b) The corporation was incorporated under ORS chapter 60.

����� (2) Notwithstanding subsection (1) of this section, architects registered under ORS

ORS 59.015

59.015 (20)(b) and licensed broker-dealers transacting business as federal covered investment advisers in this state, it is unlawful for any federal covered investment adviser to conduct an advisory business in this state unless such person makes notice filings with the director of such documents filed with the Securities and Exchange Commission as the director may by rule or otherwise require and pays the fee, including the notice filing fee, described in ORS

ORS 59.025

59.025 (1);

����� (I) A federal covered investment adviser in compliance with ORS 59.165 (7);

����� (J) A person, advising others, that has no place of business in this state and during the preceding 12-month period has had fewer than six clients, other than those persons included in subparagraph (F) of this paragraph, who are residents of this state; or

����� (K) Such other persons as the director may by rule or order designate. [1967 c.537 �3; 1971 c.624 �1; 1971 c.641 �1; 1973 c.366 �1; 1975 c.491 �1; 1985 c.349 �1; 1987 c.414 ��69, 69a; 1987 c.603 �1; 1989 c.197 �1; 1991 c.5 �18; 1993 c.158 �1; 1993 c.508 �27; 1993 c.744 �13; 1995 c.93 �26; 1995 c.622 �11; 1997 c.631 �375; 1997 c.772 �1; 1999 c.53 �1; 1999 c.315 �1; 2001 c.104 �14; 2001 c.377 �39a; 2003 c.270 �1; 2007 c.393 �1; 2009 c.259 �20]

����� 59.020 [Repealed by 1967 c.537 �36]

����� 59.025 Securities exempt from registration. The following securities are exempt from ORS 59.049 and 59.055:

����� (1)(a) A security issued or guaranteed by the United States or a state, or by a political subdivision, agency or other instrumentality of the United States or a state.

����� (b) Any other security offered in connection with or as part of a security described in paragraph (a) of this subsection, if the security cannot be severed and sold separately from the security in paragraph (a) of this subsection.

����� (2) A security issued or guaranteed by a foreign government with which the United States is at the time of the sale maintaining diplomatic relations, or by a state, province or political subdivision of the foreign government that has the power of taxation or assessment, if the foreign government, state, province or political subdivision recognizes the security as a valid obligation.

����� (3) A security that represents an interest in or a direct obligation of, or is guaranteed by, a national bank, a federal savings and loan association, a federal credit union, a federal land bank or joint stock land bank or a national farm loan association.

����� (4) Any of the following securities:

����� (a) A security that, at the time the security is issued, is listed or approved for listing on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or any other exchange that the Director of the Department of Consumer and Business Services recognizes by rule;

����� (b) A security that the NASDAQ Stock Market, NASDAQ Options Market or NASDAQ OMX Futures Exchange has designated or approved for designation at the time the security was issued;

����� (c) Any other security issued by a person or entity that issues a security listed or designated under paragraph (a) or (b) of this subsection, if the other security is of senior or substantially equal rank to the listed or designated security;

����� (d) A security issuable under rights or warrants listed or approved under paragraph (a), (b) or (c) of this subsection; or

����� (e) A warrant or right to purchase or subscribe to any security described in paragraph (a), (b), (c) or (d) of this subsection.

����� (5) A security that maintains a rating that the director approves in a recognized securities manual.

����� (6) A security that represents an interest in or a direct obligation of, and that has been or will be issued by, a bank, trust company, savings and loan association or credit union and that is subject to the examination, supervision and control of a regulatory agency of this state.

����� (7) Commercial paper issued, given or acquired in a bona fide way in the ordinary course of legitimate business, trade or commerce, if the commercial paper is not made the subject of a public offering.

����� (8) A security, the issuance of which the Public Utility Commission authorizes, supervises, regulates or controls, if the Public Utility Commission directly or indirectly supervises, regulates or controls the person or entity that issues the security.

����� (9) Stock or membership certificates that an agricultural cooperative corporation or irrigation association issues, if the agricultural cooperative corporation or irrigation association issues the stock or membership certificate as evidence of membership in the cooperative or association, as a patronage dividend or as evidence of a member�s or a patron�s respective interests in reserves or patronage dividends. This exemption does not apply to a cooperative or association that expects to engage in or is engaged in producing, processing or marketing forest products.

����� (10) Stock or membership certificates that a fishing cooperative corporation issues to members of the fishing cooperative corporation either for the purpose of showing membership or for the purpose of showing the members� respective interests in reserves or patronage dividends. For purposes of this subsection, a fishing cooperative corporation is an association of persons engaged commercially in harvesting, marketing or processing products of aquatic life from fresh and salt water, that is formed or operated under ORS chapter 62 with the purpose of commercially harvesting, marketing or processing such products or engaging in group bargaining with respect to the sale of such products.

����� (11) Stock or membership certificates issued by an association of consumers that is formed or operated under ORS chapter 62 with the purpose of providing groceries to the association�s members, if the association issues the stock or certificates to members either for the purpose of showing membership in the association or for the purpose of showing the members� respective interests in patronage dividends or reserves. For purposes of the exemption under this subsection:

����� (a) The price of stock or a membership certificate may not exceed $300.

����� (b) The benefits must be limited to discounts on purchases or patronage dividends, or any combination of discounts and dividends.

����� (c) The association may issue only one stock or membership certificate to an individual.

����� (12) Subject to conditions that the director adopts by rule, stock or membership certificates that a renewable energy cooperative corporation issues to members of the cooperative corporation, if the cooperative corporation issues the stock or certificates to members either to show membership in the cooperative corporation or to show the members� respective interests in or entitlement to assets, reserves or dividends. For the purpose of this subsection, a renewable energy cooperative corporation is an association of persons that is organized as a cooperative corporation under ORS chapter 62 with the purpose of developing and operating facilities to generate electricity from renewable energy resources, as defined in ORS 757.600 (27)(a), (c) and (d), or from a type of energy listed in ORS 469A.025 (1)(c).

����� (13) Any security issued in connection with an employee stock purchase, savings, pension, profit sharing or similar employee benefit plan, provided that:

����� (a) The plan meets the requirements for qualification under section 401 of the Internal Revenue Code of 1986; and

����� (b) The terms of the plan are fair, just and equitable to employees under rules of the director.

����� (14) Any security issued by a person that is:

����� (a) Organized and operated exclusively for a religious, educational, benevolent, fraternal, charitable or reformatory purpose and not for pecuniary profit;

����� (b) Organized or constituted so that the person�s net earnings do not inure to the benefit of any person, private stockholder, or individual; and

����� (c) Designated by rule of the director.

����� (15) Any other security the director exempts by rule. [1967 c.537 �4; 1969 c.688 �1; 1973 c.428 �9; 1975 c.491 �2; 1985 c.193 �1; 1985 c.349 �2a; 1987 c.603 �1a; 1987 c.677 �9; 1989 c.171 �6; 1989 c.197 �2; 1991 c.67 �10; 1993 c.18 �14; 1997 c.772 �2; 2014 c.69 �1; 2023 c.529 �10]

����� 59.030 [Repealed by 1967 c.537 �36]

����� 59.035 Transactions exempt from registration. The following transactions are exempt from ORS 59.049 and 59.055 if they are not part of an attempt to evade fraudulently any provision of the Oregon Securities Law:

����� (1) Any transaction by a sheriff, marshal or court appointed fiduciary.

����� (2) An isolated nonissuer transaction in this state, whether effected through a broker-dealer or not.

����� (3) Any transaction by an issuer in its securities pursuant to a pro rata offering to its existing security holders, if:

����� (a) No commission or remuneration, other than a standby fee, is paid or given directly or indirectly in connection with the transaction; and

����� (b) The issuer has not had an effective registration under the Oregon Securities Law nor has used this exemption within one year prior to the date of the offering or sale.

����� (4) Any offer, sale, transfer or delivery of securities to a bank, savings institution, trust company, insurance company, investment company, pension or profit-sharing trust, or other financial institution or institutional buyer (including but not limited to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the United States Department of Veterans Affairs and the Government National Mortgage Association), or to a broker-dealer, mortgage broker or mortgage banker, whether the purchaser is acting for itself or in a fiduciary capacity when the purchaser has discretionary authority to make investment decisions.

����� (5) Any transaction by an offeror with an accredited investor as defined in section 2 (15)(i) or (ii) of the Securities Act of 1933, as amended, or rules of the Director of the Department of Consumer and Business Services, but only if there is no public advertising or general solicitation in connection with the transaction.

����� (6) The issue and delivery of any security in exchange for any other security of the same issuer pursuant to a right of conversion entitling the holder of the security surrendered in exchange to make the conversion without the payment of additional consideration, if the security surrendered was, when issued, convertible and registered or exempt from registration.

����� (7) Any transaction in a vendor�s interest in a land sale contract, or a bond or note secured by a mortgage or trust deed upon real estate, so long as the entire vendor�s interest or mortgage or trust deed, with all the bonds or notes secured thereby, are sold to a single purchaser, in a single sale.

����� (8) Agency or principal sales by licensed broker-dealers, executed upon customers� orders on any exchange or on the over-the-counter market, but not the solicitation of such orders, where there is no intent to avoid the provisions of the Oregon Securities Law and a public offering is not involved. Such broker-dealers shall keep and maintain, for two years from the date of the order, a record of all the sales executed upon customers� orders, giving the name and address of each customer, the name and identity of the security involved, the dates of the sales, the price paid or received for the security, and the commission or other expenses charged to the customer.

����� (9) The offer or sale by a licensed broker-dealer of any security acquired in the ordinary and usual course of business, when such security is a part of an issue which has been registered in whole or in part, if the offer or sale is made in good faith and not directly or indirectly for the benefit of the issuer or for the promotion of any scheme or enterprise effecting a violation or an evasion of any provisions of the Oregon Securities Law, unless:

����� (a) The registration has been revoked or suspended; or

����� (b) The continued sale of the security has been enjoined.

����� (10) The offer or sale by licensed broker-dealer, acting either as principal or agent, of securities theretofore sold and distributed to the public, if the sale meets the requirements of paragraphs (a), (b) and (c) or (a), (b) and (d) of this subsection:

����� (a) Such securities are sold at prices reasonably related to the current market price thereof at the time of sale, and, if such licensed broker-dealer is acting as agent, the commission collected by such licensed broker-dealer on account of the sale thereof is not in excess of usual and customary commissions collected with respect to securities and transactions having comparable characteristics;

����� (b) Such securities do not constitute an unsold allotment to or subscription by such broker-dealer as a participant in the distribution of such securities by the issuer or by or through an underwriter;

����� (c) The issuer is listed in any recognized securities manual approved by rule by the director, and the listing contains the names of the issuer�s officers and directors, a balance sheet of the issuer as of a date not more than 18 months prior to the date of such sale, and a profit and loss statement for either the fiscal year preceding the date of the balance sheet or the most recent year of operations; and

����� (d) The securities are authorized for quotation on a nationwide automated quotations system approved by rule or order of the director.

����� (11) An offer, but not the sale, of a security meeting either of the following descriptions:

����� (a) A security for which registration statements have been filed under both the Oregon Securities Law and the Securities Act of 1933, as amended, if no stop or refusal order or order under ORS 59.105 is in effect and no public proceeding or examination looking toward such an order is pending. However, an offer for such a security may not be accepted until the securities have been registered as provided in the Oregon Securities Law.

����� (b) A security for which a registration statement has been filed under the Oregon Securities Law and the offer is allowed by the director. However, an offer for such a security may not be accepted until the securities have been registered as provided in the Oregon Securities Law.

����� (12)(a) Any transactions in securities by an offeror within or without this state that meet all of the requirements of subparagraph (A) or (B) of this paragraph and all of the requirements of subparagraphs (C), (D) and (E) of this paragraph:

����� (A) When the offeror is an issuer, the transactions result in not more than 10 purchasers within this state of securities of the issuer during any 12 consecutive months.

����� (B) When the offeror is a nonissuer the securities must have been bought and held for at least 12 consecutive months and the transactions result in not more than 10 purchasers within this state of securities from the nonissuer during any 12 consecutive months.

����� (C) No commission or other remuneration is paid or given directly or indirectly in connection with the offer or sale of the securities.

����� (D) No public advertising or general solicitation is used in connection with any transaction under this exemption.

����� (E) At the time of any transaction under this exemption the offeror does not have under the Oregon Securities Law an application for registration or an effective registration of securities which are part of the same offering.

����� (b) In connection with transactions under paragraph (a) of this subsection:

����� (A) Purchasers of securities of the offeror registered under ORS 59.065, exempt under ORS 59.025, exempt under any other subsection of this section, or for which a notice has been filed under ORS 59.049, are not counted as purchasers under this exemption.

����� (B) Repeat transactions with persons who are counted as purchasers within Oregon under paragraph (a) of this subsection do not increase the number of purchasers. However, a purchaser remains a purchaser for 12 months following the month of the last sale to that purchaser.

����� (C) No limitations are placed on the number of transactions or purchasers without this state. No limitations are placed on the number of offers under this exemption.

����� (13) A transaction with security holders, pursuant to a statutory vote by such security holders on a merger, consolidation, partial or complete liquidation, reclassification of securities, plan of exchange or sale of assets, in consideration of the issuance of securities of another issuer.

����� (14) Capital stock issued by a professional corporation organized under ORS chapter 58.

����� (15) Any other transaction exempted by rule of the director. [1967 c.537 �5; 1971 c.624 �2; 1973 c.823 ��91,156; 1985 c.349 �3; 1987 c.603 �2; 1989 c.197 �3; 1991 c.67 �11; 1997 c.772 �3; 2001 c.32 �1]

����� 59.045 Authority of director to deny, withdraw or condition exemptions. (1) The Director of the Department of Consumer and Business Services may by rule or order, as to any security or any type of security transaction:

����� (a) Deny, withdraw or condition the exemptions allowed by ORS 59.025 and 59.035 if, in the director�s opinion, the further sale of the security in this state would work a fraud or imposition upon the purchaser.

����� (b) Waive the conditions of ORS 59.035 (3)(b) and (12)(a)(B).

����� (c) Provide which exemptions may or may not be used in connection with other exemptions or provide procedures for determining which offerings are or are not integrated with other offerings within the same or other exemptions.

����� (2) The director may by order withdraw, condition or deny the use of any exemption by a person if the director has reason to believe that the person has engaged in or is about to engage in an act or practice constituting a violation of the Oregon Securities Law or that the use of any exemption by that person would work a fraud or imposition on purchasers.

����� (3) No person shall be liable under the Oregon Securities Law by reason of the withdrawal of an exemption under this section if that person sustains the burden of proof that that person did not know, and in the exercise of reasonable care could not have known of the withdrawal. [1967 c.537 �6; 1973 c.366 �3; 1985 c.349 �4]

����� 59.047 [1981 c.292 �2; 1985 c.349 �5; repealed by 1987 c.603 �30]

����� 59.049 Federal covered securities exempt from registration; notice filings; fees; rules. Federal covered securities may be offered and sold in this state without registration, subject to the following:

����� (1) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(2) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the Director of the Department of Consumer and Business Services. In lieu of the notice, an issuer may file a copy of its registration statement as filed with the Securities and Exchange Commission together with fees required under this subsection. The form of notice shall be prescribed by the director. The director shall set the amount of the fee by rule. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

����� (2) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(3) or (4), other than section 18(b)(4)(D), of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director. The form of notice shall be prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

����� (3) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(4)(D) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director, not later than 15 days after the first sale of such federal covered security in this state. The notice shall be filed on Securities and Exchange Commission Form D or on a form of notice prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

����� (4)(a) The director shall set the fees described in subsections (1) to (3) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.

����� (b) The director may adjust the amount of a fee described in subsections (1) to (3) of this section every two years to reflect changes in the national midpoint for a similar fee.

����� (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.

����� (5) The director may issue an order suspending the offer and sale of a federal covered security if the director finds that there is a failure to comply with any requirement under this section.

����� (6)(a) The filer of a notice under subsections (1) to (3) of this section shall amend the notice when there is a change in the name of the offering or, in the case of offerings for which notice is filed pursuant to subsection (2) or (3) of this section, when there is an increase in the aggregate price of the securities which are to be offered in this state. There is no fee required for an amendment that does not increase the aggregate offering amount. Notices amending the aggregate offering amount shall include the fee calculated in accordance with subsection (2) or (3) of this section, less amounts previously paid under the prior notice filing, but the fee may not be less than $100. The fee is not refundable.

����� (b) If an issuer or person sells federal covered securities in this state for a price in excess of the aggregate price for which fees were initially paid under this section, the seller shall pay a fee of three times the difference between the initial fee paid and the fee required under this section for the federal covered securities sold in this state. The additional fee may not be less than $100. The fee is not refundable.

����� (7) The director, by rule or otherwise, may waive any or all of the provisions of this section. [1997 c.772 �6; 2001 c.104 �15; 2003 c.270 �2; 2003 c.785 �1]

����� 59.050 [1981 c.292 �3; 1985 c.349 �6; repealed by 1987 c.603 �30]

����� 59.051 Statutory references to federal law. References in ORS 59.005 to 59.505, 59.991 and 59.995 to federal statutes or federal regulations shall be construed to refer to those statutes or regulations as they are in effect on April 19, 1999. [1999 c.53 �8]

����� 59.052 [1981 c.292 �4; 1985 c.349 �7; repealed by 1987 c.603 �30]

(Registration of Securities)

����� 59.055 Conditions of offer and sale of securities. It is unlawful for any person to offer or sell any security in this state, unless:

����� (1) The security is registered and the offer or sale is not in violation of any rule or order of the Director of the Department of Consumer and Business Services or any condition, limitation or restriction imposed by the director upon such registration;

����� (2) The security is exempt under ORS 59.025 or the sale is exempt under ORS 59.035; or

����� (3) The security is a federal covered security for which a notice has been filed and fees have been paid under ORS 59.049. [1967 c.537 �7; 1997 c.772 �4]

����� 59.065 Registration procedures; application; fees; rules. (1) The Director of the Department of Consumer and Business Services by rule shall establish procedures for registering securities. The director may coordinate registration in this state with any federal securities Act or national registration system.

����� (2) Every registration application submitted shall be accompanied by a fee. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities that are to be offered in this state. The fee is not refundable.

����� (3)(a) The director shall set the fee described in subsection (2) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.

����� (b) The director may adjust the amount of the fee described in subsection (2) of this section every two years to reflect changes in the national midpoint for a similar fee.

����� (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.

����� (4) If a registrant sells securities in Oregon in excess of the quantity registered or for a price in excess of the aggregate price for which fees were initially paid, the registrant may obtain registration of the excess securities by paying three times the difference between the initial fee paid and the fee required under subsection (2) of this section for the securities sold in Oregon. The additional fee may not be less than $100. Registration of the excess securities shall be effective retroactively to the date of sale. [1967 c.537 �8; 1973 c.366 �4; 1985 c.349 �8; 1987 c.603 �3; 1997 c.772 �7; 2003 c.270 �3; 2003 c.785 �2]

����� 59.070 Amended registration application; when required; fees. (1) A registrant under ORS 59.065 shall amend the registration application submitted under ORS 59.065 when there are material changes in the terms and conditions of the original registration. �Material changes in the terms and conditions of the original registration� includes an increase in the aggregate amount of securities to be offered in Oregon, change in the type of securities or change in the identity of the issuer or owner.

����� (2) Applications for an amendment to increase the aggregate amount of securities to be offered in Oregon shall include the fee calculated in accordance with ORS 59.065 (2), less amounts previously paid under the prior registration. The fee may not be less than $100.

����� (3) This section does not relieve a registrant from the obligation to notify the director concerning material changes in facts and circumstances concerning the offering. [1985 c.349 �10; 1987 c.603 �4; 2003 c.785 �3]

����� 59.075 Registration by director; expiration; renewal; fee; rules. (1) The Director of the Department of Consumer and Business Services shall register the securities unless the director finds that registration should be denied on one or more of the grounds specified in ORS 59.105. The securities may thereafter be sold in accordance with the registration and any conditions, limitations or restrictions imposed by the director.

����� (2) Every registration of securities and every notice filed under ORS 59.049 shall expire one year after the date of the registration or effective date of the notice. The director may establish a different expiration date for purposes of coordination with any national registration or notice filing system. When a registration or notice filing is amended, the registration or notice filing expires one year after the date of the initial registration or effective date of the notice filing unless the amended registration or notice filing provides otherwise.

����� (3) The director by rule shall establish procedures for renewing registrations of securities and notice filings.

����� (4) Every renewal application and every renewal of a notice filing shall be accompanied by a fee computed in accordance with ORS 59.049 or ORS 59.065 (2), as applicable. The fee is not refundable.

����� (5) If the director finds that no ground for suspension or revocation of the registration exists under ORS 59.105, the director shall renew the registration, subject to any conditions, limitations and restrictions imposed by the director. The renewed registration or notice filing shall expire one year after the date of expiration of the original registration, or effective date of the notice filing or last renewal thereof. The director may establish a different expiration date for purposes of coordination with any national registration or notice filing system. [1967 c.537 �9; 1985 c.349 �12; 1987 c.603 �5; 1997 c.772 �8]

����� 59.078 [1973 c.366 �8; repealed by 1987 c.603 �30]

����� 59.085 Conditions imposed on registration. The Director of the Department of Consumer and Business Services may, by rule or order, impose on a registration such conditions, limitations and restrictions as the director deems appropriate to make the issue fair, just and equitable, including the following:

����� (1) That a prospectus containing any designated part of the information submitted in connection with registration be sent or given to each person to whom a security is offered or sold.

����� (2) That the security be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed with the director or preserved for a period up to three years specified in the rule or order.

����� (3) That any of the following be deposited in escrow on terms approved by the director:

����� (a) Any security issued or to be issued for a consideration substantially different from the public offering price or for a consideration other than cash.

����� (b) The proceeds from the sale of the security until the issuer receives an amount specified by the director. [1967 c.537 �10]

����� 59.095 Approval of plan to issue securities in exchange for other securities, claims or property. (1) The proponents of a plan pursuant to which a security is to be issued in exchange for one or more bona fide outstanding securities, claims or property interests, or partly in such exchange and partly for cash, except a security the issuance of which is under supervision, regulation or control by the Public Utility Commission of this state, may request approval of such plan by the Director of the Department of Consumer and Business Services.

����� (2) The request for approval shall be made by filing a registration statement, as provided in ORS 59.065, with a detailed statement of the plan. The director shall set the plan down for hearing and require the proponents of the plan to give notice of the hearing to all persons to whom securities are to be issued in such exchange. All such persons shall have the right to appear at the hearing.

����� (3) The director shall, after the hearing, consider the fairness of the terms and conditions of the plan, and, if the director finds that the plan is fair, just and equitable and free from fraud, shall approve it, subject to such conditions, limitations and restrictions as the director may impose. If the director finds that the plan is unfair, unjust or inequitable or not free from fraud, the director shall deny the request, and give notice of the denial, at the expense of the proponents, to all persons who were entitled to receive or received notice of the hearing. [1967 c.537 �11]

����� 59.105 Denial, suspension or revocation of registration. (1) Except as provided in subsection (2) of this section, the Director of the Department of Consumer and Business Services may by order deny, suspend or revoke any registration, if the director finds that:

����� (a) The proposed plan of business of the issuer, the characteristics and terms of sale of the securities to be sold, or the proposed methods of sale and distribution are unfair, unjust or inequitable;

����� (b) The issuer is insolvent or in unsound financial condition;

����� (c) The applicant, registrant or issuer has violated any of the provisions of the Oregon Securities Law, or any rule or order of the director of which the applicant, registrant or issuer had notice;

����� (d) The applicant, registrant or issuer has been or is engaged or is about to engage in dishonest or fraudulent conduct with regard to securities;

����� (e) The applicant, registrant, or issuer has been convicted of a misdemeanor, an essential element of which is fraud, or of a felony;

����� (f) The applicant, registrant or issuer has knowingly made or caused to be made to the director any false representation of a material fact, or has suppressed or withheld from the director any material information;

����� (g) The applicant, registrant or issuer has refused to permit an examination to be made by the director, or has failed to file any report, including any certified financial report, or furnish any information required by the director in connection with the Oregon Securities Law; or

����� (h) Unreasonable amounts or kinds of commissions or other remunerations, promoter�s profits or participation or unreasonable options have been or are to be given or allowed directly or indirectly in connection with the sale or distribution of the securities.

����� (2) The director may enter an order against the applicant, registrant or issuer under subsection (1) of this section if any partner, officer or director of an applicant, registrant or issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, registrant or issuer has been guilty of any act or omission which would be cause for denying, suspending or revoking the registration of an individual applicant, registrant or issuer, except:

����� (a) This subsection shall not apply to subsection (1)(a) and (b) of this section.

����� (b) The director may not enter an order suspending or revoking a registration under this subsection, pursuant to subsection (1)(e) of this section, without 10 days� prior written notice to the registrant. [1967 c.537 �12; 1989 c.197 �4]

����� 59.110 [Amended by 1953 c.690 �3; 1955 c.201 �1; 1957 c.47 �1; 1963 c.244 �1; 1965 c.241 �2; repealed by 1967 c.537 �36]

����� 59.115 Liability in connection with sale or successful solicitation of sale of securities; recovery by purchaser; limitations on proceeding; attorney fees. (1) A person is liable as provided in subsection (2) of this section to a purchaser of a security if the person:

����� (a) Sells or successfully solicits the sale of a security, other than a federal covered security, in violation of the Oregon Securities Law or of any condition, limitation or restriction imposed upon a registration or license under the Oregon Securities Law; or

����� (b) Sells or successfully solicits the sale of a security in violation of ORS 59.135 (1) or (3) or by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission), and who does not sustain the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.

����� (2) The purchaser may recover:

����� (a) Upon tender of the security, the consideration paid for the security, and interest from the date of payment equal to the greater of the rate of interest specified in ORS

ORS 59.049

59.049. [1975 c.300 �3; 1985 c.349 �15; 1987 c.603 �8; 1997 c.772 �12; 2003 c.576 �320]

����� 59.135 Fraud and deceit with respect to securities or securities business. It is unlawful for any person, directly or indirectly, in connection with the purchase or sale of any security or the conduct of a securities business or for any person who receives any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise:

����� (1) To employ any device, scheme or artifice to defraud;

����� (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;

����� (3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person; or

����� (4) To make or file, or cause to be made or filed, to or with the Director of the Department of Consumer and Business Services any statement, report or document which is known to be false in any material respect or matter. [1967 c.537 �14]

����� 59.137 Liability in connection with violation of ORS 59.135; damages; defense; attorney fees; limitations on proceeding. (1) Any person who violates or materially aids in a violation of ORS 59.135 (1), (2) or (3) is liable to any purchaser or seller of the security for the actual damages caused by the violation, including the amount of any commission, fee or other remuneration paid, together with interest at the rate specified in ORS 82.010 for judgments for the payment of money, unless the person who materially aids in the violation sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts on which the liability is based.

����� (2) Any person who directly or indirectly controls a person liable under subsection (1) of this section and every partner, limited liability company manager, including a member who is a manager, officer or director or a person occupying a status or performing functions of a person liable under subsection (1) of this section, is jointly and severally liable to the same extent as a person liable under subsection (1) of this section, unless the person who may be liable under this subsection sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts on which the liability is based.

����� (3) Any person held liable under this section is entitled to contribution from those persons jointly and severally liable with that person.

����� (4) Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

����� (5) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

����� (6) An action or suit may be commenced under this section within the later of:

����� (a) Three years after the date of the purchase or sale of a security to which the action or suit relates; or

����� (b) Two years after the person bringing the action or suit discovered or should have discovered the facts on which the action or suit is based.

����� (7) Failure to commence an action or suit under this section on a timely basis is an affirmative defense. [2003 c.631 �4; 2003 c.786 �3]

����� 59.140 [Repealed by 1967 c.537 �36]

����� 59.145 Effect of notice filing, registration or license. (1) Neither the fact that a notice filing or an application for registration or a license under the Oregon Securities Law has been filed nor the fact that a person is effectively licensed or a security is effectively registered constitutes a finding by the Director of the Department of Consumer and Business Services that any document filed under the Oregon Securities Law is true, complete and not misleading. Neither such fact nor the fact that an exemption or exception is available for a security or a transaction means that the director has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security or transaction.

����� (2) It is unlawful to make, or cause to be made, to a prospective purchaser, customer or client a representation inconsistent with subsection (1) of this section. [1967 c.537 �15; 1989 c.197 �6; 1997 c.772 �13]

����� 59.150 [Amended by 1957 c.45 �1; repealed by 1967 c.537 �36]

����� 59.155 Director is agent for service of process; manner of service; exceptions. (1) The Director of the Department of Consumer and Business Services shall be an agent for the following persons upon whom may be served at any time any process, notice or demand in a civil proceeding under the Oregon Securities Law, including a proceeding brought by the director:

����� (a) Every licensee or registrant or applicant for a license or registration of a security, every person who files a notice under ORS 59.049 or 59.175, and every person who offers or sells a security in this state, directly or indirectly, unless the security or the sale is exempt from ORS 59.055; and

����� (b) Every person, a resident or nonresident of this state, who has engaged in conduct prohibited or made actionable under the Oregon Securities Law.

����� (2) Service shall be made by:

����� (a) Serving the director or a clerk on duty at the Department of Consumer and Business Services a copy of the process, notice or demand, with any papers required by law to be delivered in connection with the service, or by mailing to the department a copy of the process, notice or demand by certified or registered mail, and a $2 fee for each party being served;

����� (b) Transmittal by the person instituting the proceeding of notice of the service on the director and one copy of the process, notice or demand and accompanying papers to the person being served by certified mail:

����� (A) At such person�s address, if any, as shown by the records of the director; and

����� (B) At such address the use of which the person initiating the proceedings knows or on the basis of reasonable inquiry has reason to believe is most likely to result in actual notice; and

����� (c) Filing with the appropriate court or other body, as part of the return of service, of the return receipt of mailing and an affidavit of the person initiating the proceedings that this section has been complied with.

����� (3) The procedure permitted by this section shall not be available when personal jurisdiction can otherwise be obtained in this state.

����� (4) After completion of initial service upon the director, no additional documents need be served upon the director to maintain jurisdiction in the same proceeding or to give notice of any motion or provisional process. [1967 c.537 �16; 1987 c.603 �9; 1989 c.197 �7; 1997 c.772 �14]

����� 59.160 [Repealed by 1967 c.537 �36]

(Licensing of Broker-Dealers, Investment Advisers and Salespersons)

����� 59.165 Licensing of broker-dealers, investment advisers and salespersons required; rules. (1) It is unlawful for any person to transact business in this state as a broker-dealer or salesperson unless the person is licensed under the Oregon Securities Law.

����� (2) A broker-dealer or state investment adviser may not be licensed in this state unless the broker-dealer or state investment adviser has at least one salesperson licensed in this state.

����� (3) It is unlawful for a broker-dealer or issuer or owner of securities to employ a salesperson to act in this state unless the salesperson is licensed under the Oregon Securities Law to the broker-dealer or issuer or owner of securities. Only a natural person may be licensed as a salesperson.

����� (4) It is unlawful for:

����� (a) A state investment adviser to employ an investment adviser representative in this state unless the investment adviser representative is licensed under the Oregon Securities Law to the state investment adviser;

����� (b) A federal covered investment adviser to employ an investment adviser representative who has a place of business in this state to act in this state unless the investment adviser representative is licensed under the Oregon Securities Law to the federal covered investment adviser; or

����� (c) An individual, except as otherwise provided in subsection (8) of this section, to transact business in this state as an investment adviser representative unless the individual is licensed as an investment adviser representative. Only a natural person may be licensed as an investment adviser representative.

����� (5) A person may not be licensed as:

����� (a) A salesperson or investment adviser representative for more than one broker-dealer, federal covered investment adviser, state investment adviser or issuer or owner of securities at the same time, except as may be allowed by rule or order of the Director of the Department of Consumer and Business Services.

����� (b) A salesperson or investment adviser representative unless the person is employed by a broker-dealer, federal covered investment adviser, state investment adviser or issuer or owner of securities.

����� (6) It is unlawful for any person to transact business in this state as a state investment adviser unless the person:

����� (a) Is licensed as such under the Oregon Securities Law; or

����� (b) Is licensed as a broker-dealer without the imposition of a condition under ORS 59.215 (4).

����� (7) Except for federal covered investment advisers whose activities are described by ORS

ORS 59.145

59.145 and 59.165, insofar as federal covered investment advisers or state investment advisers are concerned, apply when an act instrumental in effecting prohibited conduct is done in this state, whether or not either party is then present in this state. [1967 c.537 �31(1), (2), (6); 1987 c.603 �29; 1997 c.772 �27; 2003 c.631 �6; 2005 c.22 �39]

����� 59.340 [Amended by 1963 c.244 �7; repealed by 1967 c.537 �36]

����� 59.345 When offer to sell or buy is made in this state. (1) For the purpose of ORS 59.335, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer:

����� (a) Originates from this state; or

����� (b) Is directed by the offeror to this state and received at the place to which it is directed (or at any post office in this state in the case of a mailed offer).

����� (2)(a) For the purpose of ORS 59.335, an offer to buy or to sell is accepted in this state when acceptance:

����� (A) Is communicated to the offeror in this state; and

����� (B) Has not previously been communicated to the offeror, orally or in writing, outside this state.

����� (b) Acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed (or at any post office in this state in the case of a mailed acceptance).

����� (3) An offer to sell or to buy is not made in this state solely because:

����� (a) A publisher circulates or there is circulated on behalf of the publisher in this state any bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state, or that is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or

����� (b) A radio or television program originating outside this state is received in this state. [1967 c.537 �31(3),(4),(5)]

����� 59.350 Treatment of certain transactions. For purposes of ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995:

����� (1) A transaction with spouses married to each other is treated as a transaction with one person. The securities may be held jointly or individually.

����� (2) A transaction with an entity is treated as a transaction with one person. However, if an entity is formed substantially for the purpose of acquiring the securities that are offered, each security holder shall be counted as a separate person. [1985 c.349 �11; 2015 c.629 �4]

����� 59.355 Corporations subject to other laws. Nothing in the Oregon Securities Law relieves a corporation from making reports required by law to be made to the Director of the Department of Consumer and Business Services or to any other state officer, or from paying the fees to be paid by corporations. The Oregon Securities Law:

����� (1) Does not repeal any law regulating the organization of corporations in this state or the admission of any foreign corporation.

����� (2) Is additional to any provisions regulating the organization of a corporation under the laws of this state or the admission of a foreign corporation to do business in this state. [1967 c.537 �32]

����� 59.365 Common-law and statutory rights not limited. Nothing in the Oregon Securities Law limits any statutory or common-law right of a person to bring an action in any court for an act involved in the sale of securities, or the right of the state to punish a person for a violation of any law. [1967 c.537 �33]

����� 59.370 Limitation on liability for good faith act or omission; reports regarding salespersons or investment adviser representatives; limitation on liability related to reports; rules. (1) Provisions of the Oregon Securities Law imposing civil or criminal liability do not apply to an act done or omitted in good faith in conformity with a rule or order of the Director of the Department of Consumer and Business Services, notwithstanding that the rule or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.

����� (2) A broker-dealer, federal covered investment adviser or state investment adviser shall report information to the director regarding salespersons or investment adviser representatives licensed to the broker-dealer, federal covered investment adviser or state investment adviser. The director, by rule, shall establish the reporting requirements under this subsection. In adopting rules under this subsection, the director shall consider and to the greatest extent practicable adopt the applicable public reporting requirements of the National Association of Securities Dealers, Inc., and the federal Securities and Exchange Commission.

����� (3) A broker-dealer, federal covered investment adviser or state investment adviser is not liable in any civil action by or on behalf of a salesperson or an investment adviser representative, including counterclaims, third-party claims or cross-claims, that is related to an alleged untrue statement made in connection with a report made under subsection (2) of this section, unless the salesperson or investment adviser representative shows by clear and convincing evidence that:

����� (a) The broker-dealer, federal covered investment adviser or state investment adviser knew at the time the report was made that the report contained a statement regarding the salesperson or investment adviser representative that was false in any material respect; or

����� (b) The broker-dealer, federal covered investment adviser or state investment adviser acted in reckless disregard as to the statement�s truth or falsity. [1987 c.603 �21; 2001 c.434 �1]

����� 59.375 [1967 c.537 �34; repealed by 1987 c.603 �30]

����� 59.405 [1971 c.641 �3; 1975 c.491 �4; repealed by 1987 c.603 �30]

����� 59.410 [Repealed by 1967 c.537 �36]

����� 59.415 [1971 c.641 �4; 1981 c.897 �11; repealed by 1987 c.603 �30]

����� 59.420 [Repealed by 1967 c.537 �36]

����� 59.425 [1971 c.641 �5; repealed by 1987 c.603 �30]

����� 59.430 [Repealed by 1967 c.537 �36]

����� 59.435 [1971 c.641 �6; 1981 c.897 �12; repealed by 1987 c.603 �30]

����� 59.440 [Repealed by 1967 c.537 �36]

����� 59.445 [1971 c.641 �7; repealed by 1987 c.603 �30]

����� 59.450 [Repealed by 1967 c.537 �36]

(Required Reports and Statements)

����� 59.451 Prohibition against filing false statement by person under investigation or examination. It is unlawful for any person who is the subject of an investigation under ORS 59.245 or examination under ORS 59.235, directly or indirectly, to make or file or cause to be made or filed with the Director of the Department of Consumer and Business Services any statement, report or document which is false in any material respect or manner. [1985 c.349 �25]

(Financial Exploitation of Vulnerable Persons)

����� 59.480 Definitions for ORS 59.480 to 59.505. As used in ORS 59.480 to 59.505:

����� (1)(a) �Financial exploitation� means:

����� (A) Wrongfully taking assets, funds or property belonging to or intended for the use of another person;

����� (B) Alarming another person by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out;

����� (C) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by another person; or

����� (D) Using the income or assets of another person for purposes other than the support and maintenance of the person without the person�s consent.

����� (b) �Financial exploitation� does not include a transfer of money or property that is made for the purpose of qualifying a person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer.

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

����� (3) �Qualified individual� means an individual who is:

����� (a) A salesperson;

����� (b) An investment adviser representative; or

����� (c) A person who serves in a supervisory, compliance or legal capacity for a broker-dealer or state investment adviser, or who is otherwise identified in the written supervisory procedures of a broker-dealer or state investment adviser.

����� (4) �Trust company� has the meaning given that term in ORS 706.008.

����� (5) �Vulnerable person� has the meaning given that term in ORS 124.100. [2017 c.514 �2]

����� 59.485 Required reporting by certain securities professionals of suspected financial exploitation. (1) Except as provided in subsection (4) of this section, a qualified individual who has reasonable cause to believe that financial exploitation of a vulnerable person with whom the qualified individual comes into contact has occurred, has been attempted or is being attempted shall, as soon as is practicable, notify the Department of Consumer and Business Services, either orally or in writing.

����� (2) A notification made under subsection (1) of this section must include the following information, if known:

����� (a) The identity and address of the vulnerable person;

����� (b) The identity of all persons that the qualified individual believes are responsible for the suspected or attempted financial exploitation; and

����� (c) The nature and extent of the suspected or attempted financial exploitation.

����� (3) Upon receipt of a notification under subsection (1) of this section, the department shall:

����� (a) Immediately forward the notification to the Department of Human Services;

����� (b) If it reasonably appears that a violation of the Oregon Securities Law or rules adopted thereunder has occurred or is occurring, promptly investigate the suspected or attempted financial exploitation; and

����� (c) If it reasonably appears that a crime has been committed or attempted, promptly notify a law enforcement agency.

����� (4) Subsection (1) of this section does not apply to a qualified individual who is employed by a financial institution or trust company. [2017 c.514 �3]

����� 59.490 Notifications to third parties. (1) If a qualified individual has reasonable cause to believe that financial exploitation of a vulnerable person with whom the qualified individual comes into contact has occurred, has been attempted or is being attempted, the qualified individual may notify any third party who was previously designated by the vulnerable person to receive information from the qualified individual regarding the vulnerable person, or whom the qualified individual is otherwise permitted to notify under state or federal law or customer agreement.

����� (2) Disclosure may not be made under this section to any third party that is suspected of actual or attempted financial exploitation or other abuse of the vulnerable person. [2017 c.514 �4]

����� 59.495 Delay of disbursements; notifications. (1) A broker-dealer or state investment adviser may delay a disbursement from an account of a vulnerable person or an account on which a vulnerable person is a beneficiary if:

����� (a) The broker-dealer, the state investment adviser or a qualified individual reasonably believes that the requested disbursement might result in financial exploitation of a vulnerable person; and

����� (b) The broker-dealer or state investment adviser:

����� (A) Within two business days of the request for disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, except to any party that is suspected to have engaged in actual or attempted financial exploitation of the vulnerable person;

����� (B) Within two business days of the request for disbursement, notifies the Department of Consumer and Business Services and the Department of Human Services of the delay and the reason for the delay; and

����� (C) Conducts an internal review of the suspected financial exploitation and reports the results of the review to the Department of Consumer and Business Services and the Department of Human Services.

����� (2) A delay of a disbursement under this section may not extend beyond the earlier of:

����� (a) Fifteen business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds; or

����� (b) The date on which a determination is made by the broker-dealer or state investment adviser that the disbursement will not result in financial exploitation of the vulnerable person.

����� (3) Notwithstanding subsection (2) of this section, upon request of the Department of Consumer and Business Services, a delay of a disbursement under this section may extend beyond 15 business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds, but not beyond the earliest of:

����� (a) Twenty-five business days after the date on which the broker-dealer or state investment adviser first delayed disbursement of the funds;

����� (b) The date on which an order terminating the delay is entered by a court of competent jurisdiction; or

����� (c) The date on which the department issues an order terminating the delay.

����� (4) The department or a broker-dealer or state investment adviser that initiated a delay of a disbursement under this section may petition a court of competent jurisdiction for an order delaying or enjoining a disbursement of funds or for other protective relief on the grounds that financial exploitation of a vulnerable person is otherwise likely to occur. [2017 c.514 �5]

����� 59.500 Limitation on liability. Qualified individuals, broker-dealers and state investment advisers are not liable under state law for the following actions, if performed in good faith, with reasonable cause and with the exercise of reasonable care:

����� (1) Disclosing information under ORS 59.485, 59.490 or 59.505;

����� (2) Failing to notify a vulnerable person of a disclosure of information under ORS 59.485,

ORS 59.165

59.165 (7). [1967 c.537 �23; 1971 c.394 �1; 1975 c.300 �4; 1981 c.897 �10; 1985 c.349 �26; 1995 c.696 �11; 1997 c.772 �23; 1999 c.53 �4; 1999 c.315 �3; 2003 c.631 �5; 2017 c.313 �3]

����� 59.260 [Repealed by 1967 c.537 �36]

����� 59.265 Procedure when assets or capital of broker-dealer or investment adviser found impaired; involuntary liquidation. (1) When the Director of the Department of Consumer and Business Services ascertains that the assets or capital of any broker-dealer not otherwise registered under section 15 of the Securities Exchange Act of 1934, as amended, or state investment adviser that has its principal place of business in this state are impaired, or that such person�s affairs are in an unsound condition, the director may take possession of all the property, business and assets of such person located in this state and retain possession of them pending the further proceedings specified in this section. The director shall inventory the assets and liabilities of such person. The director shall file one copy of the inventory in the office of the director and one copy in the office of the clerk of the circuit court of the county in which the principal place of business of such person is located, and shall mail one copy to each shareholder or partner of such person at the last-known address of the shareholder or partner. The clerk of the court shall file the inventory as a pending proceeding and give it a case number.

����� (2) If any person refuses to permit the director to take such possession, the director may apply to the circuit court of the county in which the principal place of business of such person is located for an order appointing a receiver, who may be the director, to take such possession.

����� (3) If the deficiency in assets or capital has not been made good or the unsound condition remedied within 60 days from the date when the director or receiver took possession, the property, business and assets of such person located in this state shall be liquidated. If a receiver has not been appointed, the director shall apply for such appointment by the court in which the inventory was filed. The liquidation shall proceed as provided by law for liquidation of a private corporation in receivership.

����� (4) The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, shall be fixed by the director, subject to the approval of the court, and, upon certification by the director, shall be paid out of the funds in the hands of the director as such receiver. [1967 c.537 �24; 1987 c.603 �18; 1993 c.508 �38; 1997 c.772 �24; 2003 c.576 �186]

����� 59.275 Burden of proof. It is not necessary to negative any of the exemptions or classifications provided in the Oregon Securities Law in a complaint, action, information, indictment or other writ or proceeding laid or brought under the Oregon Securities Law; and the burden of proof of an exemption or classification shall be upon the party claiming the benefit of such exemption or classification. [1967 c.537 �25]

����� 59.285 Rules; financial statements. (1) In accordance with this section and ORS chapter 183 the Director of the Department of Consumer and Business Services may from time to time make, amend and rescind such rules as are necessary to carry out the provisions of the Oregon Securities Law. The director may classify securities, persons and matters within the jurisdiction of the director, and prescribe different requirements for different classes.

����� (2) No rule may be made, amended or rescinded unless the director finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the provisions of the Oregon Securities Law.

����� (3) Except as provided in subsection (4) of this section, all financial statements required by the Oregon Securities Law shall be prepared in accordance with generally accepted accounting principles. The director may by rule prescribe:

����� (a) The form and content of financial statements required under the Oregon Securities Law;

����� (b) The circumstances under which consolidated financial statements shall be filed; and

����� (c) Whether any required financial statements shall be certified by independent or certified public accountants.

����� (4) Subsection (3) of this section does not apply to any broker-dealer that is subject to the financial reporting requirements of the Securities Exchange Act of 1934, as amended, to any federal covered investment adviser or to any state investment adviser that has its principal place of business outside this state and is registered with the state in which the state investment adviser�s principal place of business is located. [1967 c.537 �28; 1987 c.603 �19; 1997 c.772 �25]

����� 59.295 Notice of orders; hearings on orders. (1) Except as provided in ORS 183.745, upon the entry of an order under the Oregon Securities Law, the Director of the Department of Consumer and Business Services shall promptly give appropriate notice of the order as provided in this subsection. The notice shall state that a hearing will be held on the order if a written demand for hearing is filed with the director within 20 days after the date of service of the order. The notice shall be given to:

����� (a) The issuer and applicant or registrant affected thereby with respect to orders entered pursuant to ORS 59.085 and 59.105;

����� (b) The applicant or licensee and any investment adviser representative or salesperson affected thereby with respect to orders entered pursuant to ORS 59.205; or

����� (c) All interested persons with respect to orders entered pursuant to any other provision of the Oregon Securities Law, except ORS 59.095.

����� (2) If timely demand for a hearing is filed by a person entitled to notice of the order, the director shall hold a hearing on the order as provided by ORS chapter 183. In the absence of a timely demand for a hearing, no person shall be entitled to judicial review of the order.

����� (3) After the hearing, the director shall enter a final order vacating, modifying or affirming the order.

����� (4) The director may enter a final order revoking a license or registration notwithstanding the fact that the license or registration has expired, if the initial order of revocation was issued prior to expiration of the license or registration. [1967 c.537 �26; 1985 c.349 �27; 1987 c.603 �22; 1989 c.197 �16; 1991 c.734 �2d; 1997 c.772 �26]

����� 59.305 Judicial review of orders. (1) A person aggrieved by an order of the Director of the Department of Consumer and Business Services which has been the subject of a timely application for hearing before the director shall be entitled to judicial review of the order under ORS chapter 183.

����� (2) A judgment of a reviewing court under ORS chapter 183 may not bar the director from thereafter vacating or modifying an order involved in the proceeding for review, or entering any new order, for a proper cause which was not decided by the reviewing court. [1967 c.537 �27; 2003 c.576 �321]

����� 59.310 [Amended by 1957 c.46 �1; 1961 c.352 �2; 1963 c.244 �6; repealed by 1967 c.537 �36]

����� 59.315 Oaths and subpoenas in proceedings before director. (1) For the purpose of an investigation or proceeding under the Oregon Securities Law, the Director of the Department of Consumer and Business Services may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records which the director deems relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (2).

����� (2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court or of any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1967 c.537 �29; 1989 c.980 �5a]

����� 59.320 [Amended by 1961 c.352 �3; repealed by 1967 c.537 �36]

����� 59.325 Certified copies of documents; fee; effect of certification. (1) The Director of the Department of Consumer and Business Services shall furnish to any person, upon payment of a fee established by rule, copies (certified if requested) of any document which is a matter of public record. In a proceeding or prosecution under the Oregon Securities Law, a copy so certified shall be prima facie evidence of the contents of the entry or document certified.

����� (2) A certificate of the director as to compliance or noncompliance with licensing or registration provisions of the Oregon Securities Law shall be taken and received in a civil or criminal proceeding in this state as prima facie evidence of the facts stated in the certificate. [1967 c.537 �30; 1987 c.603 �23; 1989 c.197 �17]

����� 59.330 [Amended by 1961 c.280 �6; repealed by 1967 c.537 �36]

(Enforcement by Attorney General)

����� 59.331 Scope of Attorney General powers; consent of director; powers of circuit court; damages, restitution, disgorgement and other penalties. (1) Subject to subsection (2) of this section and after providing notice and an opportunity to participate to the Director of the Department of Consumer and Business Services, the Attorney General may:

����� (a) Make public or private investigations within or outside this state as the Attorney General considers necessary to:

����� (A) Determine whether a person has violated or is about to violate any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law; or

����� (B) Aid in the enforcement of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law.

����� (b) Require or permit a person to file a statement in writing, under oath or otherwise as the Attorney General determines, as to all the facts and circumstances concerning a matter to be investigated.

����� (c) Administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the Attorney General considers relevant or material to an investigation.

����� (d) Bring suit in the name and on behalf of the State of Oregon in the circuit court of any county to:

����� (A) Enjoin any acts or practices the Attorney General has reason to believe that a person has engaged, is engaging or is about to engage in that constitute a violation of any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law; or

����� (B) Enforce compliance with the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law.

����� (2) The Attorney General may take action under subsection (1) of this section only in connection with any of the following alleged violations or cases:

����� (a) Alleged violations involving companies whose securities are listed on the New York Stock Exchange, the American Stock Exchange or the National Association of Securities Dealers Automated Quotation System, Inc. National Market System;

����� (b) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 166.715 to 166.735;

����� (c) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 336.184 and 646.605 to 646.652; or

����� (d) Cases in which the Attorney General is pursuing or intends to pursue an investigation or litigation under ORS 646.705 to 646.805.

����� (3) The Attorney General may take action under subsection (1) of this section with respect to cases described in subsection (2)(b), (c) or (d) of this section only after receiving the director�s consent. The director may elect to be a named party in any action the Attorney General takes.

����� (4) Each witness who appears before the Attorney General under a subpoena issued under this section shall receive the fees and mileage provided for witnesses in ORS 44.415 (2). If a person fails to comply with a subpoena issued under this section or if a party or witness refuses to testify on any matters, the judge of the circuit court of any county, on the application of the Attorney General, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.

����� (5) In an action brought under this section, a court:

����� (a) Shall grant a permanent or temporary injunction, restraining order or writ of mandamus upon a proper showing by the Attorney General under subsection (1)(d) of this section.

����� (b) May award reasonable attorney fees to:

����� (A) The Attorney General if the Attorney General prevails in an action under this section.

����� (B) A defendant if the defendant prevails in an action under this section and the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

����� (6) The Attorney General may include any of the following in an action authorized by this section:

����� (a) A claim for restitution or damages under ORS 59.115, 59.127 or 59.137, on behalf of the persons injured by the act or practice constituting the subject matter of the action. If the court finds that enforcement of the rights of the injured persons by private civil action, whether by class action or otherwise, would be so burdensome or expensive as to be impractical, the court has jurisdiction to award appropriate relief to the injured persons.

����� (b) A claim for disgorgement of illegal gains or profits derived. The Attorney General shall deposit any moneys recovered under this paragraph in the General Fund of the State Treasury unless the court requires other disposition.

����� (c) A claim for the appointment of a receiver of any property derived by means of any act or practice that constitutes a violation of any provision of the Oregon Securities Law or any rule or order of the director adopted or issued under the Oregon Securities Law and of any books of account and papers relating to the property. Property for which a receiver may be appointed includes other property with which the property derived by means of a violation has been commingled if the property cannot be identified in kind because of the commingling. The receiver shall take possession of the property, books and papers and shall liquidate the property for the benefit of all persons who intervene in the action and establish an interest in the property. Subject to the approval of the court, the expenses and attorney fees of the receiver and any expenditures required in the liquidation proceeding shall be paid out of the funds of the receivership. The receiver may be the Attorney General. The court may not require the Attorney General to post a bond.

����� (d) A claim for a fine of not more than $20,000 for each violation. The fine shall be entered as a judgment and paid to the General Fund of the State Treasury. Each violation is a separate offense. In the case of a continuing violation, each day�s continuance is a separate violation, but the maximum penalty for any continuing violation may not exceed $100,000.

����� (7) This section does not apply to:

����� (a) A failure to file a notice and pay a fee under ORS 59.049 (1), (2) or (3);

����� (b) A failure to file a notice and pay a fee under ORS 59.165 (7);

����� (c) A failure to pay a fee under ORS 59.175 (9);

����� (d) A violation of any rule adopted by the director under ORS 59.165 (7); or

����� (e) A company that the director has licensed under ORS 59.165. [2007 c.481 �2; 2017 c.313 �4]

(Miscellaneous Provisions)

����� 59.335 Application of certain sections. (1) ORS 59.055, 59.115, 59.125, 59.145 and 59.165 (1) apply to persons who sell or offer to sell when:

����� (a) An offer to sell is made in this state; or

����� (b) An offer to buy is made and accepted in this state.

����� (2) ORS 59.145 and 59.165 (1) apply to persons who buy or offer to buy when:

����� (a) An offer to buy is made in this state; or

����� (b) An offer to sell is made and accepted in this state.

����� (3) ORS 59.135,

ORS 59.175

59.175 (5), or is subject to an adjudication of mental incompetence or to the control of a conservator or guardian, or cannot be located after reasonable search, the director may cancel the license or application.

����� (2)(a) A broker-dealer, state investment adviser, investment adviser representative or salesperson may withdraw a license by filing an application to withdraw. Unless the director determines that the license should be suspended or revoked, the director shall allow the withdrawal subject to any conditions, limitations and restrictions the director may impose.

����� (b) A federal covered investment adviser may terminate a notice filing pursuant to ORS 59.165 (7) by providing the director with written notice of such termination in accordance with the procedures established by the director.

����� (3) When an investment adviser representative of a federal covered investment adviser begins or terminates an association with such federal covered investment adviser, the federal covered investment adviser or investment adviser representative shall promptly notify the director in writing in accordance with the procedures established by the director.

����� (4) The suspension of a license of a broker-dealer or state investment adviser shall suspend the license of any salesperson of the broker-dealer or the license of any investment adviser representative of the state investment adviser. The revocation, cancellation, withdrawal or expiration of a license of a broker-dealer or state investment adviser shall cancel the license of any salesperson of the broker-dealer or the license of any investment adviser representative of the state investment adviser.

����� (5) The suspension of a registration of securities suspends the license of any salesperson licensed to the issuer or owner of the securities. The revocation, cancellation, withdrawal or expiration of the registration of securities cancels the license of any salesperson licensed to the issuer or owner of the securities. [1967 c.537 �20(3), (4), (5); 1985 c.349 �23; 1987 c.603 �16; 1989 c.197 �14; 1993 c.508 �36; 1997 c.772 �21; 2017 c.313 �2]

����� 59.230 [Repealed by 1967 c.537 �36]

(Powers of Director)

����� 59.235 General supervision over persons dealing in securities. Subject to section 18 of the Securities Act of 1933, as amended, section 15 of the Securities Exchange Act of 1934, as amended, and sections 203A and 222 of the Investment Advisers Act of 1940, as amended, the Director of the Department of Consumer and Business Services shall have general supervision and control over all issuers, registrants of securities, broker-dealers, federal covered investment advisers, state investment advisers, investment adviser representatives and salespersons residing or doing business in this state and engaged in any activity with respect to securities or any aspect of the securities business. All such persons and their records and everything connected with their activities shall be subject to examination by the director at any time. The provisions of this section and of any section of the Oregon Securities Law relating to examinations shall extend to any person who should have been licensed as a broker-dealer, state investment adviser, investment adviser representative or salesperson, any person exempted by rule from those definitions or any person whose license has expired or has been withdrawn, canceled, suspended or revoked. The director may collect from each such person the actual expenses incurred in that examination. [1967 c.537 �21; 1985 c.349 �24; 1987 c.603 �17; 1989 c.197 �15; 1993 c.508 �37; 1997 c.772 �22]

����� 59.240 [Repealed by 1955 c.198 �2]

����� 59.245 Investigations; publicity with respect to violations; confidentiality of materials; exceptions; cease and desist order. (1) The Director of the Department of Consumer and Business Services may:

����� (a) Make such public or private investigations within or outside this state as the director deems necessary to determine whether a person has violated or is about to violate any provision of the Oregon Securities Law or any rule or order of the director, or to aid in the enforcement of the Oregon Securities Law or in the formulation of rules and forms thereunder;

����� (b) Make any proper inquiry of a person that is licensed or required to be licensed as a broker-dealer, salesperson, investment adviser representative or state investment adviser, or any officer, partner, director or authorized representative of a broker-dealer, salesperson, investment adviser representative or state investment adviser, in relation to the activities or condition of the broker-dealer, salesperson, investment adviser representative or state investment adviser or in relation to any other matter connected with offering, purchasing or selling any security or conducting a securities business;

����� (c) Require or permit a person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated; and

����� (d) Publish information concerning any violation of the Oregon Securities Law or any rule or order of the director.

����� (2) A person shall promptly and truthfully reply to an inquiry from the director in relation to any matter connected directly or indirectly with an offer, purchase or sale of any security or the conduct of a securities business. The person shall reply using the form of communication the director requests, and the person shall verify the reply in the manner and form that the director specifies. A person�s reply under this subsection is subject to the provisions of ORS 59.135 (4) and

ORS 59.185

59.185 are not equitable for the person making the payment. [1967 c.537 �18; 1969 c.137 �4; 1971 c.624 �3; 1985 c.349 �17; 1987 c.603 �11; 1989 c.197 �9; 1991 c.331 �16; 1993 c.508 �31; 1997 c.631 �376; 1997 c.772 �16; 1999 c.53 �3; 2001 c.32 �2; 2003 c.270 �5; 2003 c.785 �4; 2017 c.313 �1]

����� 59.180 [Amended by 1957 c.48 �1; repealed by 1967 c.537 �36]

����� 59.185 Expiration of license; rules for renewal; change in personnel. (1) Every license of a broker-dealer or state investment adviser expires one year after the date of issuance unless the Director of the Department of Consumer and Business Services establishes a different expiration date for purposes of coordination with any national registration or licensing system.

����� (2)(a) Every license of an issuer�s or owner�s salesperson expires when the securities are no longer authorized for sale or one year after the date of issuance, whichever is sooner.

����� (b) Unless the director establishes a different expiration date for the purposes of coordination with any national registration or licensing system, every license of a salesperson licensed to a broker-dealer and every license of an investment adviser representative licensed to a state investment adviser expires on the same date that the license of the broker-dealer or state investment adviser expires.

����� (c) Unless the director establishes a different expiration date for the purposes of coordination with any national registration or licensing system, every license of an investment adviser representative licensed on behalf of a federal covered investment adviser expires the earlier of one year after the date of issuance or the date the notice of the federal covered investment adviser expires.

����� (3) The director by rule shall establish procedures for renewing licenses of broker-dealers, state investment advisers, investment adviser representatives and salespersons, and for the annual renewal of notice filings made on behalf of federal covered investment advisers.

����� (4) If there is a change in the partners, directors, officers, persons occupying similar positions or performing similar functions, or persons directly or indirectly controlling a broker-dealer or state investment adviser, written notification of such change shall promptly be filed with the director. No fee shall be required for such notification. An examination may be required of any such individual who is newly connected with or interested in the licensee. [1967 c.537 �19 (1), (2), (3); 1969 c.137 �5; 1985 c.349 �18; 1987 c.603 �12; 1989 c.197 �10; 1993 c.508 �32; 1997 c.772 �17; 1999 c.59 �14; 2003 c.270 �6]

����� 59.190 [Repealed by 1967 c.537 �36]

����� 59.193 [1973 c.366 �9; 1975 c.491 �3; 1985 c.349 �19; repealed by 1987 c.603 �30]

����� 59.195 Licensees to keep records; inspection; filing of financial reports. (1) Subject to the provisions of section 15 of the Securities Exchange Act of 1934, as amended, and section 222 of the Investment Advisers Act of 1940, as amended, every broker-dealer, state investment adviser, investment adviser representative and salesperson shall make and keep such accounts, correspondence, memoranda, papers, books and other records as the Director of the Department of Consumer and Business Services by rule or order prescribes. All such records of state investment advisers or investment adviser representatives maintained in this state shall be preserved for three years unless the director by rule prescribes otherwise. The director may examine all such records within or without this state at any reasonable time or times and may, without subpoena require the production of such records at the office of the director as often as is reasonably necessary and, in any event, during consideration of any application for licensing or during any proceeding under ORS 59.205 to 59.225.

����� (2) Subject to the provisions of section 15 of the Securities Exchange Act of 1934, as amended, and section 222 of the Investment Advisers Act of 1940, as amended, every broker-dealer, state investment adviser, investment adviser representative and salesperson shall file with the director such financial reports or other information as the director by rule or order may require. Licensed broker-dealers, state investment advisers, investment adviser representatives and salespersons shall promptly amend any document filed with the director which is or becomes incomplete or inaccurate in any material respect. Federal covered investment advisers shall promptly amend any document otherwise required to be filed with the director when the federal covered investment adviser is required to file an amendment with the United States Securities and Exchange Commission.

����� (3) A state investment adviser that has its principal place of business in a state other than this state, and the investment adviser representatives of such a state investment adviser, shall be exempt from the requirements of subsection (1) of this section provided that the state investment adviser is registered as a state investment adviser in the state where it has its principal place of business and is in compliance with all such state�s requirements relating to accounts and records.

����� (4)(a) Every broker-dealer and salesperson of such broker-dealer shall file with the director only such financial reports or other information as is otherwise required to be filed with the United States Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended.

����� (b) Every state investment adviser that has its principal place of business in a state other than this state, and the investment adviser representatives of the state investment adviser, shall file with the director only the financial reports or other information that is required by the state in which the state investment adviser maintains its principal place of business, provided the state investment adviser is licensed in such state and is in compliance with all of such state�s reporting requirements. [1967 c.537 �19(4), (5); 1985 c.349 �20; 1987 c.603 �13; 1989 c.197 �11; 1993 c.508 �33; 1997 c.772 �18]

����� 59.200 [Amended by 1955 c.198 �1; 1957 c.58 �1; 1959 c.280 �1; repealed by 1967 c.537 �36]

����� 59.205 Grounds for denying, suspending, revoking or imposing condition or restriction on license. Except as provided in ORS 59.215, the Director of the Department of Consumer and Business Services may by order deny, suspend or revoke, or impose conditions or restrictions on, a license of a person as a broker-dealer, state investment adviser, investment adviser representative or salesperson if the director finds that the applicant or licensee:

����� (1) Is insolvent, either in the sense that the liabilities of the applicant or licensee exceed the assets of the applicant or licensee or that the applicant or licensee cannot meet the obligations of the applicant or licensee as they mature, or is in such financial condition that the applicant or licensee cannot continue in business with safety to the customers of the applicant or licensee.

����� (2) Has engaged in dishonest, fraudulent or illegal practices or conduct in any business or profession or unfair or unethical practices or conduct in connection with the purchase or sale of any security.

����� (3) Has willfully or repeatedly violated or failed to comply with any provision of the Oregon Securities Law, any condition or restriction imposed on a license or any rule or order of the director.

����� (4) Has been convicted of a misdemeanor an essential element of which is fraud or of a felony.

����� (5) Is not qualified to conduct a securities business on the basis of such factors as training, experience and knowledge of the securities business.

����� (6) Has filed an application for a license which as of the date the license was issued, or as of the date of an order conditioning, restricting, denying, suspending or revoking a license, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact.

����� (7) Has failed to account to persons interested for all money or property received.

����� (8) Has not delivered after a reasonable time, to persons entitled thereto, securities held or to be delivered.

����� (9) Is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities business.

����� (10) Is the subject of an order of the director conditioning, restricting, denying, suspending or revoking a license as a broker-dealer, state investment adviser, investment adviser representative or salesperson.

����� (11) Is the subject of an order of the director under:

����� (a) ORS chapter 645 involving a violation of any provision of the Oregon Commodity Code or any rule or order of the director adopted or entered under ORS chapter 645; or

����� (b) ORS 86A.095 to 86A.198 involving a violation of any provision of ORS 86A.095 to 86A.198 or any rule or order of the director adopted or entered under ORS 86A.095 to

ORS 59.210

59.210); repealed by 1967 c.537 �36]

����� 59.215 Action against applicant or licensee for act or omission of associate; exceptions. The Director of the Department of Consumer and Business Services may enter an order against the applicant or licensee under ORS 59.205 if any partner, officer or director of a broker-dealer or state investment adviser, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the broker-dealer or state investment adviser has been guilty of any act or omission which would be cause for conditioning, restricting, denying, suspending or revoking the license of an individual broker-dealer, state investment adviser or salesperson, except as follows:

����� (1) This section shall not apply to any issuer of a federal covered security, a federal covered investment adviser or to ORS 59.205 (1).

����� (2) The director may not enter an order against a broker-dealer or state investment adviser on the basis of the lack of qualification under ORS 59.205 (5) of any person other than:

����� (a) The broker-dealer or state investment adviser if the broker-dealer or state investment adviser is an individual; or

����� (b) A salesperson of the broker-dealer or investment adviser representative of the state investment adviser.

����� (3) The director may not enter an order solely on the basis of lack of experience if the applicant or licensee is qualified by training or knowledge or both.

����� (4) If the director finds that an applicant for an initial license or a license renewal as a broker-dealer is not qualified as a state investment adviser, the director may condition the applicant�s license as a broker-dealer upon its not transacting business in this state as a state investment adviser. [1967 c.537 �20(2); 1985 c.349 �22; 1987 c.603 �15; 1989 c.197 �13; 1993 c.508 �35; 1997 c.772 �20; 2001 c.32 �4]

����� 59.220 [Repealed by 1967 c.537 �36]

����� 59.225 Cancellation of license or application; application for withdrawal; effect of suspension or revocation. (1) If the Director of the Department of Consumer and Business Services finds that an applicant or licensee has ceased to do business as a broker-dealer, state investment adviser, investment adviser representative or salesperson, or has failed to maintain a bond or other security required by ORS 59.175 (4), or has failed to maintain an errors and omissions insurance policy required by ORS

ORS 59.490

59.490 or 59.505; or

����� (3) Delaying a disbursement under ORS 59.495. [2017 c.514 �6]

����� 59.505 Provision of records to law enforcement and certain state agencies. (1) Upon request of the Department of Consumer and Business Services, the Department of Human Services or a law enforcement agency, a broker-dealer or state investment adviser shall provide copies of records related to any suspected financial exploitation of a vulnerable person to the requester. The records may include historical records if relevant to suspected financial exploitation of a vulnerable person.

����� (2) A record made available to an agency under this section is not a public record for purposes of ORS 192.311 to 192.478.

����� (3) Nothing in this section limits the authority of the Department of Consumer and Business Services to access or examine the books and records of broker-dealers and state investment advisers as otherwise provided by law. [2017 c.514 �7]

����� 59.510 [Repealed by 1967 c.537 �36]

����� 59.520 [Repealed by 1967 c.537 �36]

����� 59.530 [Repealed by 1967 c.537 �36]

UNIFORM TOD SECURITY REGISTRATION ACT

����� 59.535 Definitions for ORS 59.535 to 59.585. For the purposes of ORS 59.535 to 59.585, unless the context otherwise requires:

����� (1) �Beneficiary form� means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

����� (2) �Devisee� means any person designated in a will to receive a disposition of real or personal property.

����� (3) �Heirs� means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

����� (4) �Person� means an individual, a corporation, an organization or other legal entity.

����� (5) �Personal representative� includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.

����� (6) �Property� includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

����� (7) �Register,� including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

����� (8) �Registering entity� means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

����� (9) �Security� means a share, participation or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.

����� (10) �Security account� means:

����� (a) A reinvestment account associated with a security, a securities account with a broker, cash, cash equivalents, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner�s death;

����� (b) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner�s death; or

����� (c) An investment management account, a safekeeping account or a custody account with a financial institution or trust company, as those terms are defined in ORS 706.008, including the securities in the account and cash, cash equivalents, interest, earnings or dividends earned or declared on a security in the account, whether or not credited to the account before the owner�s death.

����� (11) �State� includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States. [1991 c.306 �1; 2007 c.514 �1]

����� 59.540 Registration in beneficiary form; sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common. [1991 c.306 �2]

����� 59.545 Registration in beneficiary form; applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity�s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner�s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. [1991 c.306 �3]

����� 59.550 Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. [1991 c.306 �4]

����� 59.555 Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words �transfer on death� or the abbreviation �TOD,� or by the words �pay on death� or the abbreviation �POD,� after the name of the registered owner and before the name of a beneficiary. [1991 c.306 �5]

����� 59.560 Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner�s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary. [1991 c.306 �6]

����� 59.565 Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. [1991 c.306 �7]

����� 59.570 Protection of registering entity. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by ORS 59.535 to 59.585.

����� (2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in ORS 59.535 to 59.585.

����� (3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with ORS 59.565 and does so in good faith reliance on the registration, on ORS 59.535 to 59.585 and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary�s representatives, or other information available to the registering entity. The protections of ORS

ORS 59.585

59.585 shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of ORS 59.535 to 59.585 among states enacting it.

����� (3) Unless displaced by the particular provisions of ORS 59.535 to 59.585, the principles of law and equity supplement its provisions. [1991 c.306 �11]

����� 59.610 [Repealed by 1967 c.537 �36]

����� 59.620 [Repealed by 1967 c.537 �36]

����� 59.660 [Repealed by 2007 c.661 �28]

����� 59.670 [Amended by 1981 c.897 �13; 1995 c.618 �35; repealed by 2007 c.661 �28]

����� 59.680 [Amended by 1971 c.200 �5; 1973 c.794 �14; repealed by 2007 c.661 �28]

����� 59.690 [Repealed by 2007 c.661 �28]

����� 59.700 [Repealed by 2007 c.661 �28]

PROHIBITION OF CERTAIN SECURITY TRANSACTIONS

����� 59.710 Definitions for ORS 59.710 to 59.830. As used in ORS 59.710 to 59.830, unless the context indicates otherwise:

����� (1) �Security,� �securities� or �securities or commodities,� mean and include all evidences of debt or property and options for their purchase, shares in any corporation or association, bonds, coupons, scrip, rights, choses in action, and other evidences of debt or property, and options for their purchase, or anything movable that is bought and sold.

����� (2) �Broker� means and includes every person who in this state engages, either for all or part of the person�s time, in the business of selling any securities or commodities, or purchasing, or otherwise acquiring securities or commodities from another for the purpose of reselling them or offering them for sale to the public; or in the business of offering, buying or selling, or otherwise dealing or trading in securities or commodities, as agent or principal, for commission or at a profit; and every person who deals in futures or differences in market quotations of prices or values of any securities or commodities, or accepts margins on purchases or sales, or pretended purchases or sales of securities or commodities.

����� (3) �Bucket shop� means any building, or any room, apartment, booth, office or store therein, or any other place where any contract prohibited by ORS 59.710 to 59.830 is made or offered to be made more than once and in the course of continuing or repeated transactions.

����� (4) �Bonds� includes the bonds or other evidences of debt of a corporation, company or association.

����� 59.720 Application of ORS 59.710 to 59.830 to real estate contracts and brokers. The provisions of ORS 59.710 to

ORS 59.730

59.730, more than once and in the course of continuing or repeated transactions.

����� 59.750 Receipt or communication of prices for purpose of forbidden contract. No person shall receive, communicate, exhibit or display in any manner any statement of quotations or prices of securities or commodities with an intent to make or offer to make, or to assist in making, or offering to make any contract prohibited by ORS 59.720 to 59.810.

����� 59.760 Reporting false sale of securities with intent to deceive. No person shall, with intent to deceive, report or publish, or cause to be reported or published as a purchase or sale of stocks or bonds, any transaction whereby no actual change of ownership or interest is effected.

����� 59.770 Manipulating market by pretended sales. No person shall inflate, depress or cause fluctuations in, or attempt to inflate, depress or cause fluctuations in, or combine or conspire with any other person to inflate, depress or cause fluctuations in, the market prices of stocks or bonds, or of an issue or any part of an issue of such stocks or bonds, by means of pretended purchases and sales, or by any other fictitious transactions or devices, for or on account of any person, whereby either in whole or in part a simultaneous change of ownership of or interest in such stocks or bonds or of such issue or part of an issue thereof, is not effected. A pretended purchase or sale of any stocks or bonds whereby, in whole or in part, no simultaneous change of ownership or interest therein is effected, is prima facie evidence of the violation of this section by the person taking part in the pretended purchase or sale.

����� 59.780 Broker�s trading against customer�s order; violation of ORS 59.780 to 59.800 by member of broker�s firm. (1) No broker, employed by a customer to buy and carry upon margin stocks or bonds, while acting as broker for the customer in respect to such stocks or bonds, shall sell for the broker�s own account the same kind or issue of stocks or bonds, with intent to trade against the customer�s order.

����� (2) No broker, employed by a customer to sell stocks or bonds, while acting as broker for the customer in respect to the sale of such stocks or bonds, shall purchase for the broker�s own account the same kind or issue of stocks or bonds, with intent to trade against the customer�s order.

����� (3) Every member of a firm of brokers who either does, or consents or assents to the doing of, any act prohibited by this section, ORS 59.790 or 59.800 is guilty of violating the section prohibiting the act.

����� 59.790 Insolvent broker-dealer receiving securities from customer. No broker-dealer engaged in the business of purchasing and selling stocks or bonds as a broker-dealer, knowing that the broker-dealer is insolvent, shall accept or receive from a customer ignorant of the insolvency, money, stocks or bonds belonging to the customer, except in liquidation or as security for an existing indebtedness, and thereby cause the customer to lose in whole or in part such money, stocks or bonds. A broker-dealer shall be deemed insolvent within the meaning of this section whenever the aggregate of the property of the broker-dealer is not, at a fair valuation, sufficient in amount to pay the debts of the broker-dealer. [Amended by 1987 c.158 �12]

����� 59.800 Pledge or sale by broker-dealer of customer�s securities. No broker-dealer engaged in the business of purchasing and selling stocks or bonds as a broker-dealer shall:

����� (1) While having in the possession of the broker-dealer, for safekeeping or otherwise, stocks or bonds belonging to a customer, without having any lien thereon or any special property therein, pledge or dispose thereof without the customer�s consent; or

����� (2) While having in the possession of the broker-dealer stocks or bonds belonging to a customer on which the broker-dealer has a lien for indebtedness due to the broker-dealer by the customer, pledge the same for more than the amount due to the broker-dealer thereon, or otherwise dispose thereof for the broker-dealer�s own benefit, with or without the customer�s consent, and without having in possession of the broker-dealer or subject to control of the broker-dealer, stocks or bonds of the kind and amount to which the customer is then entitled, for delivery to the customer upon demand of the customer therefor and tender of the amount due thereon, and thereby cause the customer to lose, in whole or in part, such stocks or bonds, or the value thereof; or

����� (3) Fail, on demand, to deliver to any customer, stocks or bonds owned by the customer, and in the possession of such broker-dealer, upon payment or tender of the amount the same was pledged to secure. [Amended by 1987 c.158 �13]

����� 59.810 Delivery to customer of true statement of purchase or sale made by broker. No person engaged in the business of purchasing or selling stocks or bonds as a broker shall refuse to deliver to each customer on whose behalf a purchase or sale of such securities is made by the person, within five days after written demand therefor made within six months following the purchase or sale, a statement or memorandum of the purchase or sale which is true in all material respects and which contains a description of the securities purchased or sold, the name of the person from whom the securities were purchased or to whom they were sold, and the day and hours between which the transaction took place.

����� 59.820 Actions against corporation for second violation. (1) If a domestic corporation is convicted of a second offense under ORS 59.730 to 59.810, the circuit court has jurisdiction over an action by the Attorney General, in the name of the people, to dissolve the corporation.

����� (2) If a foreign corporation is convicted of a second offense under ORS 59.730 to 59.810, the circuit court has jurisdiction in an action brought as provided in subsection (1) of this section to restrain the corporation from doing business in this state.

����� 59.830 Self-incrimination by witness; immunity from prosecution. No person shall be excused from attending and testifying, or producing any book, paper or other document before any court or magistrate, upon any trial, investigation or proceeding initiated by the district attorney, grand jury or court for a violation of any of the provisions of ORS 59.730 to 59.810, upon the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to convict the person of a crime or subject the person to a penalty or forfeiture. However, no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against the person in any criminal action, suit or proceeding, investigation, inquisition or inquiry.

����� 59.840 [1993 c.508 �1; 1995 c.129 �1; 1995 c.622 �13; 1997 c.211 �1; 1997 c.631 �377; 1999 c.36 �1; 2001 c.377 �40; 2001 c.952 �1; 2003 c.364 �47; 2003 c.655 �48; 2009 c.863 �14; renumbered

ORS 60.391

60.391, 60.394, 60.397 or 60.401 in connection with a proceeding by or in the right of the corporation, the corporation shall report the indemnification or advance in writing to the shareholders with or before the notice of the next shareholders� meeting. [1987 c.52 �173]

����� 60.787 Annual report; updates; rules. (1) A domestic corporation, and a foreign corporation authorized to transact business in this state, shall by the corporation�s anniversary deliver to the office of the Secretary of State for filing an annual report that sets forth:

����� (a) The name of the corporation and the state or country under whose law the corporation is incorporated;

����� (b) The street address of the corporation�s registered office and the name of the corporation�s registered agent at the registered office in this state;

����� (c) The address, including street and number and mailing address, if different, of the corporation�s principal office;

����� (d) The names and addresses of the president and secretary of the corporation;

����� (e) A description of the primary business activity of the corporation; and

����� (f) Additional identifying information that the Secretary of State may require by rule.

����� (2) The information contained in the annual report must be current as of 30 days before the anniversary of the corporation.

����� (3) The Secretary of State shall mail the annual report form to any address shown for the corporation in the current records of the office of the Secretary of State. The failure of the corporation to receive the annual report form from the Secretary of State does not relieve the corporation of the corporation�s duty under this section to deliver an annual report to the office.

����� (4) If an annual report does not contain the information this section requires, the Secretary of State shall notify the reporting domestic or foreign corporation in writing and return the report to the corporation for correction. The domestic or foreign corporation must correct the error within 45 days after the Secretary of State gives the notice.

����� (5)(a) A domestic or foreign corporation may update information that is required or permitted in an annual report filing at any time by delivering to the office of the Secretary of State for filing:

����� (A) An amendment to the annual report if a change in the information set forth in the annual report occurs after the report is delivered to the office for filing and before the next anniversary; or

����� (B) A statement with the change if the update occurs before the domestic or foreign corporation files the first annual report.

����� (b) This subsection applies only to a change that is not required to be made by an amendment to the articles of incorporation.

����� (c) The amendment to the annual report filed under paragraph (a) of this subsection must set forth:

����� (A) The name of the corporation as shown on the records of the office; and

����� (B) The information as changed. [1987 c.52 �174; 1987 c.843 �14; 2007 c.186 �3; 2011 c.147 �5]

REGULATION OF CORPORATE ACQUISITIONS

����� 60.801 Definitions for ORS 60.801 to 60.816. As used in ORS 60.801 to 60.816:

����� (1) �Acquiring group� means two or more persons who agree to act together or enter into any arrangement or understanding for the purpose of voting or acquiring voting shares of an issuing public corporation, but does not include two or more persons whose sole agreement relates to the granting of an immediately revocable proxy.

����� (2) �Acquiring person� means a person who acquires or proposes to acquire ownership of, or the power to direct the voting of, voting shares of an issuing public corporation and includes all affiliates of such person.

����� (3)(a) �Affiliate� means a person who directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, another person. As used in this subsection, �control,� including the terms �controlled by� and �under common control with,� means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting shares, by contract or otherwise. A person who is the owner of 10 percent or more of a corporation�s outstanding voting shares shall be presumed to have control of the corporation in the absence of proof by a preponderance of the evidence to the contrary.

����� (b) Notwithstanding paragraph (a) of this subsection, a presumption of control shall not apply where a person holds voting shares in good faith and not for the purpose of circumventing ORS 60.801 to 60.816 as an agent, bank, broker, nominee, custodian or trustee for one or more owners who do not individually or as a group have control of the corporation.

����� (4)(a) �Control share acquisition� means the acquisition, directly or indirectly, by any acquiring person, including a member of an acquiring group, of ownership of, or the power to direct the voting of, voting shares of an issuing public corporation in a transaction that causes the total voting power of the acquiring person or any acquiring group of which the acquiring person is a member in the election of directors of the issuing public corporation to exceed one-fifth, one-third or one-half of the total voting power of all the voting shares.

����� (b) For purposes of this subsection, voting shares of an issuing public corporation acquired within 90 days of a control share acquisition by the acquiring person or members of the acquiring group making the control share acquisition shall be considered to have been acquired in the same control share acquisition.

����� (c) For purposes of this subsection, a person who acquires voting shares in the ordinary course of business for the benefit of others in good faith and not for the purpose of circumventing ORS 60.801 to 60.816 has ownership and voting power only of voting shares in respect of which that person would be able to exercise or direct the exercise of votes without further instruction from others.

����� (d) For purposes of this subsection, if two or more persons enter into a binding agreement that is not immediately revocable with respect to the voting of their voting shares, in addition to those persons thereby becoming an acquiring group:

����� (A) Any single person who thereby obtains the right to determine how any other parties to the agreement must vote their shares shall be deemed to have acquired the power to direct the voting of the voting shares held by such other parties to the agreement; and

����� (B) Any group of persons who thereby obtain the right to determine how any parties to the agreement must vote their shares shall collectively be deemed to be a separate acquiring person who has acquired the power to direct the voting of all voting shares held by such parties to the agreement. The group of persons shall include all parties to the agreement if all parties share in the decision or if the agreement specifies how the shares must be voted.

����� (e) The acquisition of any voting shares of an issuing public corporation does not constitute a control share acquisition if the acquisition is consummated in any of the following circumstances:

����� (A) At a time when the corporation was not subject to ORS 60.801 to 60.816.

����� (B) Pursuant to a contract entered into at a time when the corporation was not subject to ORS

ORS 60.444

60.444.

����� (2) The restatement may include one or more amendments to the articles. If the restatement includes an amendment requiring shareholder approval, it must be adopted as provided in ORS 60.437.

����� (3) If the board of directors submits a restatement for shareholder action, the corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders� meeting in accordance with ORS 60.214. 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 of the restatement that identifies any amendment or other change it would make in the articles.

����� (4) A corporation restating its articles of incorporation shall deliver to the office 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 requiring shareholder approval and, if it does not, that the board of directors adopted the restatement; or

����� (b) If the restatement contains an amendment to the articles requiring shareholder approval, the information required by ORS 60.447.

����� (5) Restated articles of incorporation shall contain all statements required to be included in original articles of incorporation except that no statement is 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 office of the Secretary of State.

����� (6) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them.

����� (7) 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 (4) of this section. [1987 c.52 �109; 1989 c.1040 �25]

����� 60.454 Amendment pursuant to reorganization. (1) A corporation�s articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contain only provisions required or permitted by ORS 60.047.

����� (2) The individual or individuals designated by the court shall deliver to the office 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 reorganization proceeding in which the order or decree was entered; and

����� (e) A statement that the court had jurisdiction of the proceeding under federal statute.

����� (3) Shareholders of a corporation undergoing reorganization do not have dissenters� rights except as and to the extent provided in the reorganization plan.

����� (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. [1987 c.52 �110]

����� 60.457 Effect of amendment. 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 or the existing rights of persons other than shareholders 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. [1987 c.52 �111]

(Amendment of Bylaws)

����� 60.461 Amendment or repeal by board of directors or shareholders. (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 this power exclusively to the shareholders in whole or in part; or

����� (b) The shareholders 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 shareholders may amend or repeal the corporation�s bylaws even though the bylaws may also be amended or repealed by its board of directors. [1987 c.52 �112]

����� 60.464 Bylaw increasing quorum or voting requirement for shareholders. (1) If expressly authorized by the articles of incorporation, the shareholders may adopt or amend a bylaw that fixes a greater quorum or voting requirement for shareholders, or voting groups of shareholders, than is required by this chapter. The adoption or amendment of a bylaw that adds, changes or deletes a greater quorum or voting requirement for shareholders must meet the same quorum requirement and be adopted by the same vote and voting groups required to take action under the quorum and voting requirement then in effect or the quorum and voting requirement proposed to be adopted, whichever is greater.

����� (2) A bylaw that fixes a greater quorum or voting requirement for shareholders under subsection (1) of this section may not be adopted, amended or repealed by the board of directors. [1987 c.52 �113]

����� 60.467 Bylaw increasing quorum or voting requirement for directors. (1) A bylaw provision that fixes a greater quorum or voting requirement for the board of directors may be amended or repealed:

����� (a) If the provision was originally adopted by the shareholders, only by the shareholders; or

����� (b) If the provision was originally adopted by the board of directors, either by the shareholders or by the board of directors.

����� (2) A bylaw provision adopted or amended by the shareholders that fixes a greater quorum or voting requirement for the board of directors may provide that it may be amended or repealed only by a specified vote of either the shareholders or the board of directors. [1987 c.52 �114; 1989 c.1040 �26]

CONVERSION, MERGER AND SHARE EXCHANGE

����� 60.470 Definitions for ORS 60.470 to 60.501. As used in ORS 60.470 to 60.501:

����� (1) �Business entity� means:

����� (a) Any of the following for-profit entities:

����� (A) A professional corporation organized under ORS chapter 58, predecessor law or comparable law of another jurisdiction;

����� (B) A corporation organized under this chapter, predecessor law or comparable law of another jurisdiction;

����� (C) A limited liability company organized under ORS chapter 63 or comparable law of another jurisdiction;

����� (D) A partnership organized in Oregon after January 1, 1998, or that is registered as a limited liability partnership, or that has elected to be governed by ORS chapter 67, and a partnership governed by law of another jurisdiction that expressly provides for conversions and mergers; and

����� (E) A limited partnership organized under ORS chapter 70, predecessor law or comparable law of another jurisdiction; and

����� (b) A cooperative organized under ORS chapter 62, predecessor law or comparable law of another jurisdiction.

����� (2) �Organizational document� means the following for an Oregon business entity or, for a foreign business entity, a document equivalent to the following:

����� (a) In the case of a corporation, professional corporation or cooperative, articles of incorporation;

����� (b) In the case of a limited liability company, articles of organization;

����� (c) In the case of a partnership, a partnership agreement and, for a limited liability partnership, its registration; and

����� (d) In the case of a limited partnership, a certificate of limited partnership.

����� (3) �Owner� means a:

����� (a) Shareholder of a corporation or of a professional corporation;

����� (b) Member or shareholder of a cooperative;

����� (c) Member of a limited liability company;

����� (d) Partner of a partnership; and

����� (e) General partner or limited partner of a limited partnership. [1999 c.362 �6; 2003 c.80 �14]

����� 60.472 Conversion. (1)(a) A business entity may be converted to a corporation organized under this chapter.

����� (b) A corporation organized under this chapter may be converted to another business entity organized under the laws of this state if the statutes that govern the other business entity permit the conversion.

����� (c) A business entity may perform a conversion described in paragraph (a) or (b) of this subsection by approving a plan of conversion and filing articles of conversion.

����� (2) A corporation organized under this chapter may be converted to a business entity organized under the laws of another jurisdiction if:

����� (a) The laws of the other jurisdiction permit the conversion;

����� (b) The converting corporation approves a plan of conversion;

����� (c) Articles of conversion are filed in this state;

����� (d)(A) The converted business entity submits an application for filing to the Secretary of State to transact business as a foreign business entity of the type into which the business entity converted unless the converted business entity does not intend to continue to transact business in this state; and

����� (B) The converted business entity meets all other requirements the laws of this state prescribe for authorization to transact business as a foreign business entity of the type into which the business entity converted; and

����� (e) The corporation complies with all requirements that the laws of the other jurisdiction impose with respect to the conversion.

����� (3) The plan of conversion must set forth:

����� (a) The name and type of the business entity prior to conversion;

����� (b) The name and type of the business entity after conversion;

����� (c) A summary of the material terms and conditions of the conversion;

����� (d) The manner and basis of converting the ownership interests of each owner into ownership interests or obligations of the converted business entity or any other business entity, or into cash or other property in whole or in part; and

����� (e) Any additional information that the statutes that govern converted business entities of the type into which the business entity converted require in the organizational document of the converted business entity.

����� (4) The plan of conversion may set forth other provisions relating to the conversion. [1999 c.362 �7; 2001 c.315 �12; 2003 c.80 �15; 2011 c.147 �1]

����� 60.474 Action on plan of conversion. (1) A plan of conversion shall be approved as follows:

����� (a) In the case of a corporation, in the manner provided in ORS 60.487 for mergers; and

����� (b) In the case of a business entity other than a corporation, as provided by the statutes governing that business entity.

����� (2) After a conversion is approved, and at any time before articles of conversion are filed, the planned conversion may be abandoned, subject to any contractual rights:

����� (a) By a corporation, in the manner provided in ORS 60.487 (9); and

����� (b) By a business entity that planned to convert to a corporation, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, in the manner permitted by the statutes governing that business entity. [1999 c.362 �8]

����� 60.476 Articles and plan of conversion. (1) After the owners approve a conversion, the converting business entity shall:

����� (a) File articles of conversion that state the name and type of business entity that existed before conversion and the name and type of business entity that will exist after conversion; and

����� (b) File a plan of conversion or, in lieu of a plan of conversion, a written declaration that:

����� (A) Identifies an address for an office of the converted entity where the plan of conversion is on file; and

����� (B) States that the converted entity will provide any owner with a copy of the plan of conversion upon request and at no cost.

����� (2) The conversion takes effect at the later of the date and time determined in accordance with ORS 60.011 or the date and time determined under the statutes that govern the business entity that is not a corporation. [1999 c.362 �9; 2001 c.315 �7; 2015 c.28 �1]

����� 60.478 Effect of conversion; assumed business name. (1) When a conversion to or from a corporation pursuant to ORS 60.472 takes effect:

����� (a) The business entity continues its existence despite the conversion;

����� (b) Title to all real estate and other property owned by the converting business entity is vested in the converted business entity without reversion or impairment;

����� (c) All obligations of the converting business entity, including, without limitation, contractual, tort, statutory and administrative obligations, are obligations of the converted business entity;

����� (d) An action or proceeding pending against the converting business entity or its owners may be continued as if the conversion had not occurred, or the converted business entity may be substituted as a party to the action or proceeding;

����� (e) The ownership interests of each owner that are to be converted into ownership interests or obligations of the converted business entity or any other business entity, or into cash or other property, are converted as provided in the plan of conversion;

����� (f) Liability of an owner for obligations of the business entity, including, without limitation, contractual, tort, statutory and administrative obligations, shall be determined:

����� (A) As to liabilities incurred prior to conversion, according to the laws applicable prior to conversion; and

����� (B) As to liabilities incurred after conversion, according to the laws applicable after conversion, except as provided in paragraph (g) of this subsection;

����� (g) If prior to conversion an owner of a business entity was a partner of a partnership or general partner of a limited partnership and was personally liable for the business entity�s liabilities, and after conversion is an owner normally protected from personal liability, then such owner shall continue to be personally liable for the business entity�s liabilities incurred during the 12 months following conversion, if the other party or parties to the transaction reasonably believed that the owner would be personally liable and had not received notice of the conversion; and

����� (h) Unless the converted business entity is a partnership, the registration of an assumed business name of a business entity pursuant to ORS chapter 648 shall continue as the assumed business name of the converted business entity. If the converted business entity is a partnership, the converting business entity shall amend or cancel the registration of the assumed business name under ORS chapter 648, and the partners of the partnership shall register the name as an assumed business name under ORS chapter 648.

����� (2) Owners of the business entity that converted are entitled to the rights provided in the plan of conversion and:

����� (a) In the case of shareholders of a corporation, the right to dissent and obtain payment of the fair value of the shareholder�s shares as provided in ORS 60.551 to 60.594; and

����� (b) In the case of owners of business entities other than corporations, the rights provided in the statutes, common law and private agreements applicable to the business entity prior to conversion, including, without limitation, any rights to dissent, to dissociate, to withdraw, to recover for breach of any duty or obligation owed by the other owners, and to obtain an appraisal or payment for the value of an owner�s interest. [1999 c.362 �10; 2001 c.315 �2]

����� 60.481 Merger. (1)(a) One or more business entities may merge into a corporation organized under this chapter if the merger is permitted by the statutes governing each other business entity that is a party to the merger, a plan of merger is approved by each business entity that is a party to the merger and articles of merger are filed. A corporation organized under this chapter may be merged into a business entity organized under the laws of this state or under the laws of another jurisdiction, other than a foreign corporation, if:

����� (A) The merger is permitted by the laws of this state or by the laws of the other jurisdiction that govern the other business entity;

����� (B) A plan of merger is approved by each business entity that is a party to the merger;

����� (C) Articles of merger are filed in this state; and

����� (D) The corporation complies with all requirements imposed under the laws of this state and, if applicable, the laws of the other jurisdiction with respect to the merger.

����� (b) A merger of one or more domestic corporations with one or more foreign corporations is governed by ORS 60.501.

����� (2) The plan of merger shall set forth:

����� (a) The name and type of each business entity planning to merge;

����� (b) The name and type of the business entity that will survive;

����� (c) A summary of the material terms and conditions of the merger;

����� (d) The manner and basis of converting the shares or other ownership interests of each owner into shares, ownership interests or obligations of the surviving business entity or any other business entity, or into cash or other property in whole or in part; and

����� (e) If any party is a business entity other than a corporation, any additional information required for a merger by the statutes governing that business entity.

����� (3) The plan of merger may set forth:

����� (a) Amendments to the articles of incorporation of a corporation, if the corporation is the surviving business entity; and

����� (b) Other provisions relating to the merger.

����� (4) One or more corporations may merge with a nonprofit corporation under ORS 65.481 to 65.504. [1987 c.52 �115; 1989 c.1010 �176; 1991 c.883 �9; 1999 c.362 �11; 2001 c.315 �13; 2003 c.80 �16]

����� 60.484 Share exchange. (1) A corporation may acquire all of the outstanding shares of one or more classes or series of another corporation if the board of directors of each corporation adopts a plan of exchange and, if required by ORS 60.487, the shareholders of each corporation approve the exchange.

����� (2) The plan of exchange must set forth:

����� (a) The name of the corporation whose shares will be acquired and the name of the acquiring corporation;

����� (b) A summary of the material terms and conditions of the exchange; and

����� (c) The manner and basis of exchanging the shares to be acquired for shares, obligations, or other securities of the acquiring or any other corporation or for cash or for other property in full or part.

����� (3) The plan of exchange may set forth other provisions relating to the exchange.

����� (4) This section does not limit the power of a corporation to acquire all or part of the shares of one or more classes or series of another corporation through a voluntary exchange or otherwise. [1987 c.52 �116; 1989 c.171 �7; 1989 c.1040 �27; 2003 c.80 �17]

����� 60.487 Action on plan of merger or share exchange. (1) After adopting a plan of merger or share exchange, the board of directors of each corporation party to the merger and the board of directors of the corporation whose shares will be acquired in the share exchange, shall submit the plan of merger, except as provided in subsection (7) of this section, or share exchange for approval by its shareholders.

����� (2) For a plan of merger or share exchange to be approved:

����� (a) The board of directors shall direct by resolution that the plan of merger or share exchange be submitted to a vote at a meeting of shareholders, which may be either an annual or a special meeting; and

����� (b) The shareholders entitled to vote must approve the plan.

����� (3) The board of directors may condition its submission of the proposed merger or share exchange on any basis.

����� (4) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders� meeting in accordance with ORS 60.214. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger or share exchange and contain or be accompanied by a copy or summary of the plan.

����� (5) Unless this chapter, the articles of incorporation or the board of directors, acting pursuant to subsection (3) of this section, requires a greater vote or a vote by voting groups, the plan of merger or share exchange to be authorized shall be approved by each voting group entitled to vote separately on the plan by a majority of all the votes entitled to be cast on the plan by that voting group.

����� (6) Separate voting by voting groups is required:

����� (a) On a plan of merger if the plan contains a provision that, if contained in a proposed amendment to articles of incorporation, would require action by one or more separate voting groups on the proposed amendment under ORS 60.441, except that separate voting by a voting group is not required if:

����� (A) Under the plan of merger, the shares that constitute the voting group are to be converted into shares, obligations, other securities, cash or other property with a value at least equal to the value the shares would receive in a liquidation of the corporation. For purposes of determining the value the shares would receive in a liquidation of the corporation, the value of property available for distribution to all shareholders in the liquidation shall be assumed to be equal to the total value of shares, obligations, other securities, cash or other property into which all shares of the corporation are to be converted under the plan of merger; or

����� (B) The articles of incorporation provide that the voting group is not entitled to vote separately on a plan of merger; and

����� (b) On a plan of share exchange by each class or series of shares included in the exchange, with each class or series constituting a separate voting group.

����� (7) Action by the shareholders of the surviving corporation on a plan of merger is not required if:

����� (a) The articles of incorporation of the surviving corporation will not differ, except for amendments enumerated in ORS 60.434, from its articles before the merger;

����� (b) Each shareholder of the surviving corporation whose shares were outstanding immediately before the effective date of the merger will hold the same number of shares, with identical designations, preferences, limitations and relative rights, immediately after;

����� (c) The number of voting shares outstanding immediately after the merger, plus the number of voting shares issuable as a result of the merger, either by the conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed by more than 20 percent the total number of voting shares of the surviving corporation outstanding immediately before the merger; and

����� (d) The number of participating shares outstanding immediately after the merger, plus the number of participating shares issuable as a result of the merger, either by the conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed by more than 20 percent the total number of participating shares outstanding immediately before the merger.

����� (8) As used in subsection (7) of this section:

����� (a) �Participating shares� means shares that entitle their holders to participate without limitation in distributions.

����� (b) �Voting shares� means shares that entitle their holders to vote unconditionally in elections of directors.

����� (9) After a merger or share exchange is authorized, and at any time before articles of merger or share exchange are filed, the planned merger or share exchange may be abandoned, subject to any contractual rights, without further shareholder action, in accordance with the procedure set forth in the plan of merger or share exchange or, if none is set forth, in the manner determined by the board of directors.

����� (10) If a party to a plan of merger is a business entity other than a corporation, approval of the plan, and abandonment of the plan after approval, shall be in accordance with the statutes governing that business entity. [1987 c.52 �117; 1989 c.1040 �28; 1991 c.883 �10; 1993 c.403 �7; 1999 c.362 �12]

����� 60.491 Merger with subsidiary. (1) A parent corporation owning at least 90 percent of the outstanding shares of each class of a subsidiary corporation may merge the subsidiary into the parent, or may merge the parent into the subsidiary, without approval of the shareholders of the parent or subsidiary.

����� (2) If the parent will be the surviving corporation:

����� (a) The board of directors of the parent shall adopt a plan of merger that sets forth:

����� (A) The names of the parent and subsidiary; and

����� (B) The manner and basis of converting the shares of the subsidiary into shares, obligations or other securities of the parent or any other corporation or into cash or other property in whole or part, or of canceling any part of the shares.

����� (b) The parent, not later than 10 days after the effective date of the merger, shall:

����� (A) Notify each shareholder of the subsidiary that the merger has become effective; and

����� (B) Mail a copy or a summary of the plan of merger to each shareholder of the subsidiary that does not waive this mailing requirement in writing.

����� (c) Articles of merger under this subsection may not contain amendments to the articles of incorporation of the parent, except for amendments listed in ORS 60.434.

����� (3) If the parent will not be the surviving corporation:

����� (a) The board of directors of the parent shall adopt a plan of merger that sets forth:

����� (A) The names of the parent and subsidiary;

����� (B) The manner and basis of converting the shares of the parent into shares of the surviving corporation, which shall ensure that each shareholder of the parent immediately before the merger takes effect will immediately thereafter:

����� (i) Hold the same percentage of the total of each class of shares of the surviving corporation owned by former shareholders of the parent as the shareholder held in each class of shares of the parent; and

����� (ii) Hold shares of the surviving corporation having the same rights, preferences, privileges and restrictions as the shares of the parent held by such shareholder immediately before the merger takes effect;

����� (C) Amendments to the articles of incorporation of the surviving corporation so that the articles are identical to the articles of incorporation of the parent in effect immediately before the merger takes effect, except for amendments to the articles of incorporation of the parent listed in ORS 60.434; and

����� (D) Provisions relating to the outstanding shares of the subsidiary including cancellation of the shares held by the parent. If under the plan of merger the shareholders of the subsidiary other than the parent will not be shareholders of the surviving corporation, the plan shall also set forth the manner and basis of converting the shares of the subsidiary held by such shareholders into obligations or other securities of the surviving corporation or shares, obligations or other securities of any other corporation or into cash or other property in whole or in part.

����� (b) The parent, not later than 10 days after the effective date of the merger, shall:

����� (A) Notify each shareholder of the subsidiary and each shareholder of the parent that the merger has become effective; and

����� (B) Mail a copy or summary of the plan of merger to each shareholder of the subsidiary and each shareholder of the parent that does not waive this mailing requirement in writing.

����� (c) The surviving corporation shall be a domestic corporation. [1987 c.52 �118; 1993 c.403 �8; 1997 c.392 �1; 2009 c.355 �1]

����� 60.494 Articles and plan of merger or share exchange. (1) After the owners of each business entity approve a plan of merger or share exchange, or a board of directors adopts the plan of merger or share exchange if shareholder approval is not required, the surviving or acquiring business entity shall deliver to the office of the Secretary of State for filing:

����� (a) Articles of merger or articles of share exchange that set forth:

����� (A) 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; or

����� (B) The name of the corporation that intends to acquire shares in a share exchange and the name of the corporation whose shares will be acquired;

����� (b) A plan of merger or plan of share exchange, as appropriate, or in lieu of a plan of merger or plan of share exchange, a written declaration that:

����� (A) Identifies an address for an office of the surviving entity where the plan of merger or plan of share exchange 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 or plan of share exchange upon request and at no cost; and

����� (c) A written declaration that states that:

����� (A) Each corporation that is a party to the merger or share exchange:

����� (i) Obtained the requisite shareholder approval; or

����� (ii) Did not require shareholder approval.

����� (B) Each business entity, other than a corporation, that is a party to the merger or share exchange obtained authorization and approval in accordance with the statutes that govern the business entity.

����� (2) The merger or share exchange takes effect on the later of the date and time determined in accordance with ORS 60.011 or the date and time determined in accordance with the statutes governing any business entity, other than a corporation, that is a party to the merger. [1987 c.52 �119; 1999 c.362 �13; 2001 c.104 �18; 2001 c.315 �1; 2015 c.28 �2]

����� 60.497 Effect of merger or share exchange. (1) When a merger involving a corporation takes effect:

����� (a) Every other business entity that is a party to the merger merges into the surviving business entity, and the separate existence of every other party ceases;

����� (b) Title to all real estate and other property owned by each of the business entities that were parties to the merger is vested in the surviving business entity without reversion or impairment;

����� (c) All obligations of each of the business entities that were parties to the merger, including, without limitation, contractual, tort, statutory and administrative obligations, are obligations of the surviving business entity;

����� (d) An action or proceeding pending against each of the business entities or its owners that were parties to the merger may be continued as if the merger had not occurred, or the surviving business entity may be substituted as a party to the action or proceeding;

����� (e) If a corporation is the surviving business entity, its articles of incorporation are amended to the extent provided in the plan of merger;

����� (f) The shares or other ownership interests of each owner that are to be converted into ownership interests or obligations of the surviving business entity or any other business entity, or into cash or other property, are converted as provided in the plan of merger;

����� (g) Liability of an owner for obligations of the business entity, including, without limitation, contractual, tort, statutory and administrative obligations, shall be determined:

����� (A) As to obligations incurred prior to merger, according to the laws applicable prior to merger; and

����� (B) As to obligations incurred after merger, according to the laws applicable after merger, except as provided in paragraph (h) of this subsection;

����� (h) If prior to merger an owner of a business entity was a partner of a partnership or general partner of a limited partnership and was personally liable for the business entity�s obligations, and after merger is an owner normally protected from personal liability, then such owner shall continue to be personally liable for the business entity�s obligations incurred during the 12 months following merger, if the other party or parties to the transaction reasonably believed that the owner would be personally liable and had not received notice of the merger; and

����� (i) The registration of an assumed business name of a business entity pursuant to ORS chapter 648 shall continue as the assumed business name of the surviving business entity.

����� (2) Owners of the business entities that merged are entitled to the rights provided in the plan of merger and:

����� (a) In the case of shareholders, the rights provided in this chapter; and

����� (b) In the case of owners of business entities other than corporations, the rights provided in the statutes applicable to that business entity, including, without limitation, any rights to dissent, to dissociate, to withdraw, to recover for breach of any duty or obligation owed by the other owners, and to obtain an appraisal or payment for the value of an owner�s interest.

����� (3) When a share exchange takes effect, the shares of each acquired corporation are exchanged as provided in the plan, and the former holders of the shares are entitled only to the exchange rights provided in the articles of share exchange or to their rights under this chapter. [1987 c.52 �120; 1999 c.362 �14; 2001 c.104 �19]

����� 60.501 Merger or share exchange with foreign corporation. (1) One or more foreign corporations may merge or enter into a share exchange with one or more domestic corporations if:

����� (a) In a merger, the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complied with that law in effecting the merger;

����� (b) In a share exchange, the corporation whose shares will be acquired is a domestic corporation, whether or not a share exchange is permitted by the law of the state or country under whose law the acquiring corporation is incorporated;

����� (c) The foreign corporation complies with ORS 60.494 if it is the surviving corporation of the merger or acquiring corporation of the share exchange; and

����� (d) Each domestic corporation complies with the applicable provisions of ORS 60.481 to 60.491 and, if it is the surviving corporation of the merger or acquiring corporation of the share exchange, with ORS 60.481 to 60.494.

����� (2) Upon the merger or share exchange taking effect, the surviving foreign corporation of a merger and the acquiring foreign corporation of a share exchange is deemed:

����� (a) To appoint the Secretary of State as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting shareholders of each domestic corporation party to the merger or share exchange; and

����� (b) To agree that it will promptly pay to the dissenting shareholders of each domestic corporation party to the merger or share exchange the amount, if any, to which they are entitled under this chapter.

����� (3) This section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more classes or series of a domestic corporation through a voluntary exchange or otherwise. [1987 c.52 �121]

SALE OF ASSETS

����� 60.531 Sale of assets in regular course of business; mortgage of assets. (1) A corporation may, on the terms and conditions and for the consideration determined by the board of directors:

����� (a) Sell, lease, exchange or otherwise dispose of all or substantially all of its property in the usual and regular course of business;

����� (b) Mortgage, pledge, dedicate to the repayment of indebtedness, whether with or without recourse, or otherwise encumber any or all of its property whether or not in the usual and regular course of business; or

����� (c) Transfer any or all of its property to a corporation all the shares of which are owned by the corporation.

����� (2) Unless required by the articles of incorporation, approval by the shareholders of a transaction described in subsection (1) of this section is not required. [1987 c.52 �122]

����� 60.534 Sale of assets other than in regular course of business. (1) A corporation may sell, lease, exchange or otherwise dispose of all or substantially all of its property, with or without the goodwill, other than in the usual and regular course of business, on the terms and conditions and for the consideration determined by the corporation�s board of directors, if the board of directors proposes and its shareholders approve the proposed transaction.

����� (2) For a transaction to be authorized:

����� (a) The board of directors shall adopt a resolution directing that such sale, lease, exchange or other disposition be submitted to a vote at a meeting of shareholders, which may be either an annual or a special meeting; and

����� (b) The shareholders entitled to vote must approve the transaction.

����� (3) The board of directors may condition its submission of the proposed transaction on any basis.

����� (4) The corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders� meeting in accordance with ORS 60.214. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange or other disposition of all or substantially all the property of the corporation and contain or be accompanied by a description of the transaction.

����� (5) Unless the articles of incorporation or the board of directors, acting pursuant to subsection (3) of this section, require a greater vote or a vote by voting groups, the transaction to be authorized must be approved by a majority of all the votes entitled to be cast on the transaction.

����� (6) After a sale, lease, exchange or other disposition of property is authorized, the transaction may be abandoned, subject to any contractual rights, without further shareholder action.

����� (7) A transaction that constitutes a distribution is governed by ORS 60.181 and not by this section. [1987 c.52 �123; 1989 c.1040 �29]

DISSENTERS� RIGHTS

(Right to Dissent and Obtain Payment for Shares)

����� 60.551 Definitions for ORS 60.551 to 60.594. As used in ORS 60.551 to 60.594:

����� (1) �Beneficial shareholder� means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder.

����� (2) �Corporation� means the issuer of the shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer.

����� (3) �Dissenter� means a shareholder who is entitled to dissent from corporate action under ORS

ORS 60.501

60.501, if the issuing public corporation is a party to the agreement of merger or plan of share exchange.

����� (G) Pursuant to a transfer of voting shares between or among affiliates or immediate family members unless the voting shares are control shares that have not had their voting rights restored under ORS 60.807.

����� (H) In a transaction in which voting power is acquired solely by receipt of an immediately revocable proxy or by any other agreement or understanding that is not binding on the person transferring such voting power.

����� (5)(a) �Control shares� means voting shares of an issuing public corporation that are acquired in a control share acquisition. �Control shares� does not include voting shares acquired in a control share acquisition that are subsequently transferred, or whose voting power is subsequently transferred, other than a transfer of voting power by termination of a binding voting agreement, to a person that is not an affiliate of the transferor or a member of an acquiring group of which the transferor is a member in a transaction that is not a control share acquisition. �Control shares� also does not include voting shares acquired in a control share acquisition whose voting power is subsequently transferred pursuant to the termination of a binding voting agreement if, assuming the parties to the agreement had never entered into the agreement but had been members of an acquiring group during the term of the agreement, the voting shares would not have been control shares.

����� (b) If an acquiring person or any member of an acquiring group transfers control shares in a transaction that causes the control shares to cease to be control shares without reducing the total voting power of the acquiring person or acquiring group to less than one-fifth of the total voting power of all the voting shares, and within 90 days before or after such transfer the transferor or any member of an acquiring group of which the transferor is a member acquires ownership of, or the power to direct the voting of, any voting shares, all such voting shares up to the number of voting shares having total voting power equal to the total voting power of the control shares transferred shall be considered control shares.

����� (6) �Immediate family member� means any grandparent, parent, brother, sister, child, grandchild or spouse of a person, or any other relative of the person or the person�s spouse who has the same home as the person.

����� (7)(a) �Interested shares� means voting shares of an issuing public corporation that any of the following persons have sole or shared power to vote, or direct the voting of, either directly or by proxy or voting agreement, at a meeting at which the voting rights of control shares are to be considered:

����� (A) The acquiring person or a member of the acquiring group whose voting rights are under consideration.

����� (B) Any officer of the issuing public corporation.

����� (C) Any employee of the issuing public corporation who is also a director of the corporation.

����� (b) For purposes of this subsection, a person shall not be deemed to have the power to vote, or direct the voting of, voting shares if the person�s power with respect to the shares arises solely from holding an immediately revocable proxy, unless the proxy is solicited in connection with an offer to purchase or solicitation of offers to sell voting shares which requires the granting of a proxy as a condition to the acceptance of a tender of voting shares from any shareholder.

����� (8)(a) �Issuing public corporation� means a corporation incorporated or existing pursuant to the provisions of this chapter that has:

����� (A) One hundred or more record or beneficial shareholders;

����� (B) Its principal place of business, its principal office or assets with a fair market value of not less than $1 million within this state; and

����� (C) Either:

����� (i) More than 10 percent of its record shareholders resident in this state;

����� (ii) More than 10 percent of its shares owned beneficially or of record by residents of this state; or

����� (iii) At least 10,000 of its record or beneficial shareholders resident in this state.

����� (b) The residence of a shareholder is presumed to be the address appearing in the records of the corporation.

����� (c) Shares held by banks, except as trustee or guardian, brokers or nominees shall be disregarded for purposes of calculating the percentages or numbers described in paragraph (a)(C) of this subsection.

����� (9) �Person� means any individual, corporation, partnership, unincorporated association or other entity.

����� (10) �Total voting power� of any person or any shares means the voting power such person or shares would have except for ORS 60.801 to 60.816.

����� (11) �Voting shares� means shares that have, or would have except for this Act, voting power in any vote for the election of directors and that belong to a class or series that, together with all other classes or series that vote with such class or series as a group with respect to the election of directors, elects at least a majority of the directors. [1989 c.4 �1; 1989 c.1040 �37; 1991 c.7 �1; 2003 c.80 �17a]

����� Note: 60.801 to 60.816 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 60 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 60.804 Applicability of ORS 60.801 to 60.816. (1) An issuing public corporation shall be subject to ORS 60.801 to 60.816 unless the corporation�s articles of incorporation or bylaws provide that ORS

ORS 60.554

60.554 shall not apply to dissenters� rights created under this section. [1989 c.4 �5]

����� Note: See note under 60.801.

����� 60.816 Short title. ORS 60.801 to 60.813 shall be known and may be cited as the �Oregon Control Share Act.� [1989 c.4 �6]

����� Note: See note under 60.801.

BUSINESS COMBINATIONS WITH INTERESTED SHAREHOLDERS

����� 60.825 Definitions for ORS 60.825 to 60.845. As used in ORS 60.825 to 60.845:

����� (1) �Affiliate� means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another person.

����� (2) �Associate,� when used to indicate a relationship with any person, means:

����� (a) Any corporation or organization of which the person is a director, officer or partner or is, directly or indirectly, the owner of 20 percent or more of any class of voting stock;

����� (b) Any trust or other estate in which the person has at least a 20 percent beneficial interest or as to which the person serves as trustee or in a similar fiduciary capacity; and

����� (c) Any relative or spouse of the person, or any relative of a spouse, who has the same residence as the person.

����� (3) �Business combination,� when used in reference to any corporation and any interested shareholder of the corporation, means:

����� (a) Any merger or plan of exchange of the corporation or any direct or indirect majority-owned subsidiary of the corporation with:

����� (A) The interested shareholder; or

����� (B) Any other corporation if the merger or plan of exchange is caused by the interested shareholder and as a result of the merger or plan of exchange, ORS 60.835 is not applicable to the surviving corporation;

����� (b) Any sale, lease, exchange, mortgage, pledge, transfer or other disposition, in one transaction or a series of transactions, except proportionately as a shareholder of the corporation, to or with the interested shareholder, whether as part of a dissolution or otherwise, of assets of the corporation or of any direct or indirect majority-owned subsidiary of the corporation where the assets have an aggregate market value equal to 10 percent or more of either the aggregate market value of all the assets of the corporation determined on a consolidated basis or the aggregate market value of all the outstanding stock of the corporation;

����� (c) Any transaction which results in the issuance or transfer by the corporation or by any direct or indirect majority-owned subsidiary of the corporation of any shares of the corporation or of any such subsidiary to the interested shareholder, except:

����� (A) Pursuant to the exercise, exchange or conversion of securities exercisable for, exchangeable for or convertible into shares of the corporation or any subsidiary where the securities were outstanding prior to the time that the interested shareholder became an interested shareholder or were distributed pro rata to all holders of a class or series of shares of the corporation or any subsidiary subsequent to the time the interested shareholder became an interested shareholder;

����� (B) Pursuant to a dividend or distribution paid or made pro rata to all holders of a class or series of shares of the corporation or any subsidiary subsequent to the time the interested shareholder became an interested shareholder, provided that there is no increase in the interested shareholder�s proportionate share of any class or series of shares of the corporation or of the voting stock of the corporation; or

����� (C) Pursuant to an exchange offer by the corporation to purchase shares made on the same terms to all holders of the shares, provided that there is no increase in the interested shareholder�s proportionate share of any class or series of shares of the corporation or of the voting stock of the corporation;

����� (d) Any transaction involving the corporation or any direct or indirect majority-owned subsidiary of the corporation which has the effect, directly or indirectly, of increasing the proportionate share of any class or series of shares, or securities convertible into the shares of any class or series, of the corporation or of any such subsidiary which is owned by the interested shareholder, except as a result of immaterial changes due to fractional share adjustments or as a result of any purchase or redemption of any shares not caused, directly or indirectly, by the interested shareholder; or

����� (e) Any receipt by the interested shareholder of the benefit, directly or indirectly, except proportionately as a shareholder of such corporation, of any loans, advances, guarantees, pledges or other financial benefits, other than those expressly permitted in paragraphs (a) to (d) of this subsection, provided by or through the corporation or any direct or indirect majority-owned subsidiary.

����� (4)(a) �Control,� including the terms �controlling,� �controlled by� and �under common control with,� means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting stock, by contract or otherwise. A person who is the owner of 10 percent or more of a corporation�s outstanding voting stock shall be presumed to have control of the corporation, in the absence of proof by a preponderance of the evidence to the contrary.

����� (b) Notwithstanding paragraph (a) of this subsection, a presumption of control shall not apply when a person holds voting stock, in good faith and not for the purpose of circumventing this section, as an agent, bank, broker, nominee, custodian or trustee for one or more owners who do not individually or as a group have control of the corporation.

����� (5)(a) �Interested shareholder� means:

����� (A) Any person, other than the corporation and any direct or indirect majority-owned subsidiary of the corporation, that:

����� (i) Is the owner of shares representing 15 percent or more of the outstanding voting stock of the corporation; or

����� (ii) Is an affiliate or associate of the corporation and was the owner of shares representing 15 percent or more of the outstanding voting stock of the corporation at any time within the three-year period immediately prior to the date on which it is sought to be determined whether the person is an interested shareholder; and

����� (B) The affiliates and associates of a person described in subparagraph (A) of this paragraph.

����� (b) Notwithstanding paragraph (a) of this subsection, the term �interested shareholder� shall not include:

����� (A) Any person who:

����� (i) Owned shares in excess of the 15 percent limitation described in paragraph (a) of this subsection as of April 4, 1991, and who continued to own shares in excess of the 15 percent limitation or would have but for action by the corporation;

����� (ii) Acquired shares in excess of the 15 percent limitation described in paragraph (a) of this subsection pursuant to a tender offer commenced prior to April 4, 1991, and who continued to own shares in excess of the 15 percent limitation or would have but for action by the corporation;

����� (iii) Acquired shares in excess of the 15 percent limitation described in paragraph (a) of this subsection pursuant to an exchange offer announced prior to April 4, 1991, and commenced within 90 days after April 4, 1991, and who continued to own shares in excess of the 15 percent limitation or would have but for action by the corporation; or

����� (iv) Acquired shares in excess of the 15 percent limitation described in paragraph (a) of this subsection from a person described in sub-subparagraphs (i) to (iii) of this subparagraph by gift, inheritance or in a transaction in which no consideration was exchanged; or

����� (B) Any person whose ownership of shares in excess of the 15 percent limitation described in paragraph (a) of this subsection is the result of action taken solely by the corporation provided that the person shall be an interested shareholder if the person later acquires additional voting stock of the corporation, except as a result of further corporate action not caused, directly or indirectly, by the person.

����� (c) For the purpose of determining whether a person is an interested shareholder, the voting shares of the corporation considered to be outstanding shall include shares considered to be owned by the person through application of ORS 60.830 (1).

����� (6) �Person� means any individual, corporation, partnership, unincorporated association or other entity.

����� (7) �Voting stock� means shares of any class or series that, together with all other classes or series that vote with the class or series as a group with respect to the election of directors, elects at least a majority of the directors. [1991 c.40 �2]

����� 60.830 Ownership of shares. (1) For purposes of ORS 60.825 to 60.845, a person shall be considered to be the �owner� of and to �own� any shares:

����� (a) Which the person or any of the person�s affiliates or associates, directly or indirectly, have the power to vote or dispose of, including voting or dispositive power pursuant to any agreement, arrangement or understanding, whether or not in writing;

����� (b) Over which the person or any of the person�s affiliates or associates, directly or indirectly, have the right to acquire voting or dispositive power, whether the right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement or understanding, whether or not in writing, or upon the exercise of conversion rights, exchange rights, rights, warrants or options, or otherwise; or

����� (c) Which are owned, directly or indirectly, by any other person, or any affiliate or associate of the person, with which the person, or any affiliates or associates of the person, have any agreement, arrangement or understanding, whether or not in writing, for the purpose of acquiring, holding, voting or disposing of any securities of the corporation.

����� (2) For purposes of subsection (1) of this section, a person shall not be considered to be the �owner� of or to �own� any shares:

����� (a) If an agreement, arrangement or understanding to vote shares arises solely from a revocable proxy or consent given to the person in response to a public proxy or consent solicitation made pursuant to, and in accordance with, the applicable rules and regulations of the Securities Exchange Act of 1934;

����� (b) Tendered pursuant to a tender or exchange offer made by or on behalf of the person or any of the person�s affiliates or associates until any tendered shares are accepted for purchase or exchange; or

����� (c) Acquired by a person engaged in business as an underwriter of securities through the person�s participation in good faith in a firm commitment underwriting until the expiration of 40 days after the date of the acquisition of the shares. [1991 c.40 �3]

����� 60.835 Prohibited business combinations. Notwithstanding any other provision of this chapter, a corporation shall not engage in any business combination with any interested shareholder for a period of three years following the date that the shareholder became an interested shareholder, unless:

����� (1) Prior to that date the board of directors of the corporation approved either the business combination or the transaction which resulted in the shareholder becoming an interested shareholder;

����� (2) Upon consummation of the transaction which resulted in the shareholder becoming an interested shareholder, the interested shareholder owned at least 85 percent of the voting stock of the corporation outstanding at the time the transaction commenced, excluding for purposes of determining the number of shares outstanding those shares owned by:

����� (a) Persons who are directors and also officers; and

����� (b) Employee share plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer; or

����� (3) On or subsequent to the date, the business combination is approved by the board of directors and authorized at an annual or special meeting of shareholders, and not by written consent, by the affirmative vote of at least 66-2/3 percent of the outstanding voting stock which is not owned by the interested shareholder. [1991 c.40 �4; 1991 c.883 �18; 1991 c.927 �5]

����� 60.840 Exceptions to ORS 60.835. (1) ORS 60.835 shall not apply if:

����� (a) The corporation�s original articles of incorporation contain a provision expressly electing not to be governed by ORS 60.825 to 60.845;

����� (b) The corporation, by action of its board of directors, adopts an amendment to its bylaws within 90 days after April 4, 1991, expressly electing not to be governed by ORS 60.825 to 60.845. The amendment shall not be further amended by the board of directors;

����� (c) The corporation, by action of its shareholders, adopts an amendment to its articles of incorporation or bylaws expressly electing not to be governed by ORS 60.825 to 60.845, provided that, in addition to any other vote required by law, the amendment to the articles of incorporation or bylaws must be approved by the affirmative vote of a majority of the shares entitled to vote. An amendment adopted pursuant to this paragraph shall not be effective until 12 months after the adoption of the amendment and shall not apply to any business combination between the corporation and any person who became an interested shareholder of the corporation on or prior to the adoption of the amendment. A bylaw amendment adopted pursuant to this paragraph shall not be further amended by the board of directors;

����� (d) The corporation does not have a class of voting stock that is:

����� (A) Listed on a national securities exchange;

����� (B) Authorized for quotation on an interdealer quotation system of a registered national securities association; or

����� (C) Held of record by more than 2,000 shareholders; or

����� (e) A shareholder becomes an interested shareholder inadvertently and:

����� (A) As soon as practicable divests sufficient shares so that the shareholder ceases to be an interested shareholder; and

����� (B) Would not, at any time within the three-year period immediately prior to a business combination between the corporation and the shareholder, have been an interested shareholder, but for the inadvertent acquisition.

����� (2) Subsection (1)(d) of this section does not apply if anything described in subsection (1)(d) of this section results from action taken, directly or indirectly, by an interested shareholder or from a transaction in which a person becomes an interested shareholder.

����� (3) Notwithstanding subsection (1) of this section, a corporation may elect by a provision of its original articles of incorporation or any amendment thereto to be governed by ORS 60.825 to 60.845, except that any amendment to the articles of incorporation shall not apply to restrict a business combination between the corporation and an interested shareholder of the corporation if the interested shareholder became an interested shareholder prior to April 4, 1991. [1991 c.40 �5]

����� 60.845 Greater vote of shareholders prohibited. No provision of any articles of incorporation or bylaws shall require a greater vote of shareholders than that specified in ORS 60.825 to 60.845 for any vote of shareholders required by ORS 60.825 to 60.845. [1991 c.40 �6]

MISCELLANEOUS

����� 60.951 Short title. This chapter shall be known and may be cited as the �Oregon Business Corporation Act.� [1987 c.52 �1]

����� 60.952 Court proceeding by shareholder in close corporation; conditions; court-ordered remedies; share purchase; expenses. (1) In a proceeding by a shareholder in a corporation that does not have shares that are listed on a national securities exchange or that are regularly traded in a market maintained by one or more members of a national or affiliated securities association, the circuit court may order one or more of the remedies listed in subsection (2) of this section if it is established that:

����� (a) The directors are deadlocked in the management of the corporate affairs, the shareholders are unable to break the deadlock and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally, because of the deadlock;

����� (b) The directors or those in control of the corporation have acted, are acting or will act in a manner that is illegal, oppressive or fraudulent;

����� (c) The shareholders are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired; or

����� (d) The corporate assets are being misapplied or wasted.

����� (2) The remedies that the court may order in a proceeding under subsection (1) of this section include but are not limited to the following:

����� (a) The performance, prohibition, alteration or setting aside of any action of the corporation or of its shareholders, directors or officers or any other party to the proceeding;

����� (b) The cancellation or alteration of any provision in the corporation�s articles of incorporation or bylaws;

����� (c) The removal from office of any director or officer;

����� (d) The appointment of any individual as a director or officer;

����� (e) An accounting with respect to any matter in dispute;

����� (f) The appointment of a custodian to manage the business and affairs of the corporation, to serve for the term and under the conditions prescribed by the court;

����� (g) The appointment of a provisional director to serve for the term and under the conditions prescribed by the court;

����� (h) The submission of the dispute to mediation or another form of nonbinding alternative dispute resolution;

����� (i) The issuance of distributions;

����� (j) The award of damages to any aggrieved party;

����� (k) The purchase by the corporation or one or more shareholders of all of the shares of one or more other shareholders for their fair value and on the terms determined under subsection (5) of this section;

����� (L) The retention of jurisdiction of the case by the court for the protection of the shareholder who filed the proceeding; or

����� (m) The dissolution of the corporation if the court determines that no remedy specified in paragraphs (a) to (L) of this subsection or other alternative remedy is sufficient to resolve the matters in dispute. In determining whether to dissolve the corporation, the court shall consider among other relevant evidence the financial condition of the corporation but may not refuse to dissolve the corporation solely because it has accumulated earnings or current operating profits.

����� (3) The remedies set forth in subsection (2) of this section shall not be exclusive of other legal and equitable remedies that the court may impose. Except as provided in this subsection, the shareholders of a corporation may, pursuant to an agreement described in ORS 60.265, agree to limit or eliminate any of the remedies set forth in subsection (2) of this section. The remedies set forth in subsection (2)(e), (j) and (m) of this section may not be eliminated.

����� (4) In determining the appropriate remedies to order under subsection (2) of this section, the court may take into consideration the reasonable expectations of the corporation�s shareholders as they existed at the time the corporation was formed and developed during the course of the shareholders� relationship with the corporation and with each other. The court shall endeavor to minimize the harm to the business of the corporation.

����� (5)(a) If the court orders a share purchase, the court shall:

����� (A) Determine the fair value of the shares, with or without the assistance of appraisers, taking into account any impact on the value of the shares resulting from the actions giving rise to a proceeding under subsection (1) of this section;

����� (B) Consider any financial or legal constraints on the ability of the corporation or the purchasing shareholder to purchase the shares;

����� (C) Specify the terms of the purchase, including, if appropriate, terms for installment payments, interest at the rate and from the date determined by the court to be equitable, subordination of the purchase obligation to the rights of the corporation�s other creditors, security for a deferred purchase price and a covenant not to compete or other restriction on the seller;

����� (D) Require the seller to deliver all of the seller�s shares to the purchaser upon receipt of the purchase price or the first installment of the purchase price; and

����� (E) Retain jurisdiction to enforce the purchase order by, among other remedies, ordering the corporation to be dissolved if the purchase is not completed in accordance with the terms of the purchase order.

����� (b) The share purchase ordered under this subsection shall be consummated within 20 days after the date the order becomes final unless before that time the corporation files with the court a notice of its intention to dissolve and articles of dissolution are properly filed with the Secretary of State within 50 days after filing the notice with the court.

����� (c) After the purchase order is entered and before the purchase price is fully paid, any party may petition the court to modify the terms of the purchase, and the court may do so if the court finds that the modifications are equitable.

����� (d) Unless the purchase order is modified by the court, the selling shareholder shall have no further rights as a shareholder from the date the seller delivers all of the shareholder�s shares to the purchaser or such other date specified by the court.

����� (e) If the court orders shares to be purchased by one or more other shareholders, in allocating the shares to be purchased by the other shareholders, unless equity requires otherwise, the court shall attempt to preserve the existing distribution of voting rights and other designations, preferences, qualifications, limitations, restrictions and special or relative rights among the holders of the class or classes of shares and may direct that holders of a specific class or classes not participate in the purchase.

����� (6) At any time within 90 days after the filing of a proceeding under subsection (1) of this section, or at such time determined by the court to be equitable, the corporation or one or more shareholders may elect to purchase all of the shares owned by the shareholder who filed the proceeding for their fair value. An election to purchase under this subsection shall state in writing the amount that the electing party will pay for the shares. The following apply:

����� (a) The election to purchase shall be irrevocable unless the court determines that it is equitable to set aside or modify the election.

����� (b) If the election to purchase is filed by one or more shareholders, the corporation shall, within 10 days thereafter, give written notice to all shareholders. The notice shall state the name of the shareholder who filed the proceeding under subsection (1) of this section and the number of shares owned by that shareholder, the name of each electing shareholder and the number of shares owned by that electing shareholder and the amount that each electing shareholder will pay for the shares. The notice also must advise the recipients of their right to join in the election to purchase shares. Shareholders who wish to participate must file notice of their intention to join in the election to purchase not later than 30 days after the date of the notice to them or at such time as the court in its discretion may allow. All shareholders who have filed an election or notice of their intention to participate in the election to purchase thereby become parties to the proceeding under subsection (1) of this section and shall participate in the purchase in proportion to their ownership of shares as of the date the first election was filed, unless the shareholders otherwise agree or the court otherwise directs.

����� (c) The court in its discretion may allow the corporation and shareholders to file an election to purchase the shares of the shareholder who filed the proceeding under subsection (1) of this section at a price higher than the amount previously offered. If the court does so, it shall allow other shareholders an opportunity to join in the election to purchase at the higher price in accordance with their proportionate ownership interest.

����� (d) After an election to purchase has been filed by the corporation or one or more shareholders, the proceeding filed under subsection (1) of this section may not be discontinued or settled, nor may the shareholder who filed the proceeding sell or otherwise dispose of the shareholder�s shares, unless the court determines that it would be equitable to the corporation and the shareholders, other than the petitioner, to permit the discontinuance, settlement, sale or other disposition. In considering whether equity exists to approve any settlement, the court may take into consideration the reasonable expectations of the shareholders as referred to in subsection (4) of this section, including any existing agreement among the shareholders.

����� (e) If, within 30 days of the filing of the latest election to purchase allowed by the court, the parties reach agreement as to the fair value and terms of purchase of the shares of the shareholder who filed the proceeding under subsection (1) of this section, the court shall enter an order directing the purchase of shares upon the terms and conditions agreed to by the parties.

����� (f) If the parties are unable to reach an agreement as described in paragraph (e) of this subsection, the court, upon application of any party, shall stay the proceeding under subsection (1) of this section and shall, under subsection (5) of this section, determine the fair value and terms of purchase of the shares of the shareholder who filed the proceeding as of the day before the date on which the proceeding was filed or as of such other date as the court deems appropriate under the circumstances.

����� (7) In any proceeding under subsection (1) of this section, the court shall allow reasonable compensation to the custodian, provisional director, appraiser or other such person appointed by the court for services rendered and reimbursement or direct payment of reasonable costs and expenses. Amounts described in this subsection shall be paid by the corporation. [2001 c.315 �60]

����� 60.954 Reservation of power to amend or repeal. All or part of this chapter may be amended or repealed at any time and all domestic and foreign corporations subject to this chapter are governed by the amendment or repeal. [1987 c.52 �2]

����� 60.957 Application to existing domestic corporation. This chapter applies to all domestic corporations in existence on June 15, 1987, that were incorporated under any general statute of this state providing for incorporation of corporations for profit if power to amend or repeal the statute under which the corporation was incorporated was reserved. [1987 c.52 �176]

����� 60.961 Application to qualified foreign corporations. A foreign corporation authorized to transact business in this state on June 15, 1987, is subject to this chapter but is not required to apply for new authority to transact business under this chapter. [1987 c.52 �177]

����� 60.964 Saving provisions. (1) Except as provided in subsections (2), (3) and (4) of this section, the repeal of a statute by this chapter does not affect:

����� (a) The operation of the statute or any action taken under the statute before the repeal;

����� (b) Any ratification, right, remedy, privilege, obligation or liability acquired, accrued or incurred under the statute before the repeal;

����� (c) Any violation of the statute, or any penalty, forfeiture or punishment incurred because of the violation, before the repeal; or

����� (d) Any proceeding, reorganization or dissolution commenced under the statute before the repeal. The proceeding, reorganization or dissolution may be completed in accordance with the statute as if the statute had not been repealed.

����� (2) The provisions of ORS 60.387 to 60.411 apply to all indemnification a corporation makes after June 15, 1987, and all other actions regarding indemnification taken by or on behalf of a corporation or by a court after June 15, 1987, including all indemnification made and other actions taken after June 15, 1987, with respect to claims that arose or matters that occurred before June 15, 1987, or pursuant to any provisions of any articles of incorporation, bylaws, resolutions or agreements in effect before June 15, 1987.

����� (3) If a penalty or punishment imposed for violation of a statute repealed by this chapter is reduced by this chapter, the penalty or punishment, if not already imposed, must be imposed in accordance with this chapter.

����� (4) This chapter applies to any amendment to a corporation�s articles of incorporation filed after June 15, 1987, even if shareholder approval of such amendment occurred before the effective date.

����� (5) If a provision of this chapter has the effect of modifying, limiting or superseding the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the provision of this chapter controls to the maximum extent permitted under 15 U.S.C. 7002(a)(2). [1987 c.52 �178; 2017 c.55 �18]

����� 60.967 Corporations incorporated under special acts. The shareholders of any private incorporation incorporated by any special Act of the Legislative Assembly before December 31, 1953, may incorporate themselves under this chapter at any time after June 15, 1987, while the corporation exists for the purpose of carrying on the enterprise, business, pursuit or occupation for which they were specially incorporated. The filing of the articles of incorporation shall be deemed a surrender of the special incorporation, but not of any vested right thereunder, and thereafter the corporation shall have the powers and privileges, and be subject to the liabilities and limitations provided by this chapter and not otherwise. [1987 c.52 �179; 1989 c.1040 �35]

����� 60.971 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [1987 c.52 �180]

����� 60.990 [(Enacted in 1903) repealed by 1953 c.549 �138; 60.990 (enacted by 1987 c.52 �175) renumbered 60.992 in 1993]

PENALTY

����� 60.992 Penalty for signing false document. (1) A person commits the crime of signing a false document for filing if the person:

����� (a) Knows the document is false in any material respect; and

����� (b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under this chapter.

����� (2) Signing a false document for filing is a Class A misdemeanor. [Formerly 60.990; 2013 c.158 �23]

����� 60.994 Liability for certain actions in connection with operation of shell entity; actions as false claim; enforcement by civil action. (1) An officer, director, employee or agent of a shell entity is liable for damages to a person that suffers an ascertainable loss of money or property as a result of the officer, director, employee or agent:

����� (a) Making, issuing, delivering or publishing, or participating in making, issuing, delivering or publishing, a prospectus, report, circular, certificate, financial statement, balance sheet, public notice or document concerning the shell entity or the shell entity�s shares, assets, liabilities, capital, dividends, earnings, accounts or business operations that the officer, director, employee or agent knows is false in any material respect;

����� (b) Making an entry or causing another person to make an entry in a shell entity�s books, records, minutes or accounts that the director, officer, employee or agent knows is false in any material respect; or

����� (c) Removing, erasing, altering or canceling, or causing another person to remove, erase, alter or cancel, an entry in a shell entity�s books, records, minutes or accounts if by means of the removal, erasure, alteration or cancellation the director, officer, employee or agent intends to deceive another person.

����� (2) An officer, director, employee or agent of a shell entity that engages in any of the actions described in subsection (1) of this section in a submission to, or an interaction with, a public agency, as defined in ORS 180.750, makes a false claim and is subject to a civil action as provided in ORS 180.750 to 180.785. [2017 c.705 �3]

ORS 619.071

619.071, 619.370 and 619.993.

����� (3) The department, after public hearing under ORS chapter 183, may require periodic reporting from the places or businesses described in this section and require the furnishing to the department of the data or information which may be needed in continuing the comprehensive study as authorized in this section. [1967 c.388 �2; 1973 c.174 �19; 1973 c.794 �29; 1983 c.740 �222]

����� 576.030 [Repealed by 1953 c.119 �2]

����� 576.035 Market news service in Klamath Basin, central Oregon and Malheur areas. Oregon State University, acting through the Federal Cooperative Extension Service of the university, shall cooperate with the Agriculture Marketing Service of the United States Department of Agriculture and with the appropriate offices of adjoining states to establish and maintain a food product market news service in the Klamath Basin and provide such services for the central Oregon and Malheur areas. [1961 c.560 �1; 2015 c.767 �204]

����� 576.040 [Repealed by 1953 c.119 �2]

����� 576.041 [1967 c.265 �1; repealed by 1971 c.28 �1]

����� 576.043 [1967 c.265 �2; repealed by 1971 c.28 �1]

����� 576.044 [1977 c.198 �6; 1985 c.623 �5; 2003 c.604 ��28,29; renumbered 576.066 in 2003]

����� 576.045 [1967 c.265 �3; repealed by 1971 c.28 �1]

����� 576.047 [1967 c.265 �4; repealed by 1971 c.28 �1]

����� 576.049 [1967 c.265 �5; repealed by 1971 c.28 �1]

����� 576.050 [Repealed by 1953 c.119 �2]

COMMODITY COMMISSIONS

(Generally)

����� 576.051 Definitions for ORS 576.051 to 576.455. As used in ORS 576.051 to 576.455, unless the context requires otherwise:

����� (1) �Commercial channels� means the sale of the commodity for which a commodity commission is established for use as food, industrial, agricultural or chemurgic use, when sold to any commercial buyer or to any person who resells the commodity or any product derived therefrom.

����� (2) �Commission� means a commodity commission established under ORS 576.051 to 576.455.

����� (3) �Commodity� means any distinctive type of agricultural, horticultural, viticultural, vegetable, animal or seafood product, or any class, variety or utilization thereof, in a natural or processed state, including bees and honey but not including timber or timber products. The Director of Agriculture may determine what types or subtypes of commodity may be classed together as a commodity for the purposes of ORS 576.051 to 576.455.

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

����� (5) �Director� means the Director of Agriculture.

����� (6) �First purchaser� means any person who buys the commodity for which a commission is established from the producer in the first instance, or handler who received the commodity in the first instance from the producer for resale or processing.

����� (7) �Handler� means any producer, processor, distributor or other person engaged in the handling or marketing of or dealing in the commodity for which a commission is established, whether as an owner, agent, employee, broker or otherwise.

����� (8) �Producer� means a person that engages in, or has engaged in, the business of growing, producing or procuring within this state, or in the rivers or offshore waters of this state except the Columbia River, a commodity for market or for delivery or transfer to others owning or holding title to the commodity. �Producer� includes a landowner, landlord, tenant, sharecropper, boat skipper or other person that participates in the growing, producing or procuring of a commodity and receives a share of the commodity.

����� (9) �Regional commission� means a commission that functions only within a specified area of this state consisting of one or more entire counties. [Formerly 576.005; 1957 c.447 �1; 1959 c.596 �1; 1977 c.198 �7; 2003 c.604 �31]

����� 576.053 Short title. ORS 576.051 to 576.455 and 576.991 (2) may be known and cited as the Commodity Commission Act. [Formerly 576.015; 1983 c.740 �223; 2011 c.597 �235]

����� 576.054 Legislative findings. (1) The Legislative Assembly finds that:

����� (a) Commodity industries are vital elements of the state economy. Commodity industries:

����� (A) Are sources of substantial employment for the citizens of this state;

����� (B) Produce needed tax revenues for the support of state and local government;

����� (C) Encourage responsible stewardship of valuable land and marine resources; and

����� (D) Produce substantial quantities of necessary food for the state, nation and world.

����� (b) Commodity commissions support commodity industries and enhance and preserve the economic interests of the state.

����� (c) Commodity commissions function in the same manner as a broad range of other programs established by the Legislative Assembly that are funded by the public through fees assessed according to the relationship of the fee payer to a particular program.

����� (d) Commodity commissions are not established to benefit individual persons engaged in commodity industries, but are intended to improve the overall conditions for the particular commodity for which a commission is established and thereby benefit the overall economy of the state and all the citizens of the state.

����� (e) Mandated cooperative efforts engaged in by commodity commissions are a proven, effective method to avoid economic waste and maintain stable agricultural markets.

����� (f) It is in the public interest that:

����� (A) Support for Oregon�s commodity industries be clearly expressed;

����� (B) Adequate protection be given to commodities and commodity uses, activities and operations; and

����� (C) Each commodity be promoted individually and as part of a stabilized comprehensive industry by increasing consumption of commodities in this state and the United States and internationally.

����� (2) It is the intent of the Legislative Assembly that commodity commissions do the following for the purpose of serving commodity industries and the citizens of this state:

����� (a) Participate in the formulation and implementation of public policy through expressive activities.

����� (b) Reflect a continuing commitment by the state to commodity industries that are integral to the economy of this state.

����� (c) Represent a policy of support for persons engaged in commodity industries and for their critical role in the economy of this state, especially the economy of rural areas.

����� (d) Provide benefits to entire commodity industries and all the citizens of this state.

����� (e) Enhance the image of Oregon commodities for the purpose of increasing the overall demand for those commodities. To achieve that purpose, the Legislative Assembly intends that commodity commissions operate primarily to create a more receptive environment for commodities and for the individual efforts of persons engaged in commodity industries and thereby complement individual, targeted and specific activities.

����� (f) Use mandatory cooperative efforts to complement state, federal and international laws and programs.

����� (g) Protect the citizens of this state by educating them regarding the quality, care and methods used in the production of Oregon commodities.

����� (h) Increase knowledge regarding the healthful qualities and dietetic value of Oregon commodities.

����� (i) Support and engage in research programs and activities that benefit the planting, production, harvesting, handling, processing, marketing and use of Oregon commodities. [2003 c.604 �2]

����� 576.055 [1953 c.489 �2; subsection (2) formerly part of 576.295; 1957 c.447 �2; 1959 c.596 �2; 1965 c.515 �1; repealed by 2003 c.604 �109]

����� 576.060 [Repealed by 1953 c.119 �2]

����� 576.062 Establishment of commodity commissions. The following commodity commissions are established as state commissions:

����� (1) The Oregon Dairy Products Commission.

����� (2) The Oregon Hazelnut Commission.

����� (3) The Oregon Dungeness Crab Commission.

����� (4) The Oregon Salmon Commission.

����� (5) The Oregon Albacore Commission.

����� (6) The Oregon Sheep Commission.

����� (7) The Oregon Potato Commission.

����� (8) The Oregon Blueberry Commission.

����� (9) The Oregon Clover Seed Commission.

����� (10) The Oregon Fine Fescue Commission.

����� (11) The Oregon Hop Commission.

����� (12) The Oregon Mint Commission.

����� (13) The Oregon Processed Vegetable Commission.

����� (14) The Oregon Raspberry and Blackberry Commission.

����� (15) The Oregon Ryegrass Growers Seed Commission.

����� (16) The Oregon Strawberry Commission.

����� (17) The Oregon Sweet Cherry Commission.

����� (18) The Oregon Tall Fescue Commission.

����� (19) The Oregon Trawl Commission. [2003 c.604 �15; 2003 c.749 �18; 2007 c.132 �3; 2007 c.146 �3; 2009 c.367 �3; 2011 c.181 �1; 2019 c.275 �1; 2023 c.44 �3]

����� 576.065 [1953 c.489 �3; 1957 c.447 �3; 1959 c.596 �3; repealed by 2003 c.604 �109]

����� 576.066 Department oversight of commodity commissions; rules. (1) The State Department of Agriculture shall:

����� (a) Monitor the practices or methods used or proposed for use by any commodity commission in carrying out the goals and needs disclosed by the budget of the commission;

����� (b) Promote cooperation among the several commissions, the Oregon Beef Council and the Oregon Wheat Commission and assist in the interchange of information and experience among those entities;

����� (c) Carry out the assigned organizational procedures under ORS 576.051 to 576.455, including the appointment and removal of members of the commission;

����� (d) Review budgets submitted to the Director of Agriculture by a commodity commission under ORS 576.416; and

����� (e) Adopt rules to carry out the provisions of ORS 576.051 to 576.455.

����� (2) The department shall review, and may approve or disapprove, plans and projects recommended by a commodity commission for commodity promotion, advertising and research and for the dissemination of consumer and commodity industry information. In reviewing plans and projects recommended by a commodity commission, the department shall consider whether the plan or project information is:

����� (a) Factual;

����� (b) Not disparaging to other commodities; and

����� (c) Consistent with the purposes of ORS 576.051 to 576.455. [Formerly 576.044; 2007 c.55 �1]

����� 576.070 [Repealed by 1953 c.119 �2]

����� 576.075 [1953 c.489 �4; 1957 c.447 �4; 1959 c.596 �4; repealed by 2003 c.604 �109]

����� 576.078 [Formerly part of 576.085; 1959 c.596 �5; repealed by 2003 c.604 �109]

����� 576.080 [Repealed by 1953 c.119 �2]

����� 576.085 [1953 c.489 �5; 1957 c.447 �5; part renumbered 576.078; 1959 c.596 �6; repealed by 2003 c.604 �109]

����� 576.090 [Repealed by 1953 c.119 �2]

����� 576.091 [1959 c.596 �72; repealed by 2003 c.604 �109]

����� 576.095 [1953 c.489 �6; 1957 c.447 �6; 1959 c.596 �7; repealed by 2003 c.604 �109]

����� 576.100 [Repealed by 1953 c.119 �2]

����� 576.105 [1953 c.489 �7; repealed by 2003 c.604 �109]

����� 576.110 [Repealed by 1953 c.119 �2]

����� 576.115 [1953 c.489 �8; 1957 c.447 �7; repealed by 2003 c.604 �109]

����� 576.120 [Repealed by 1953 c.119 �2]

����� 576.125 [1953 c.489 �9; 1955 c.732 �2; 1957 c.447 �8; repealed by 2003 c.604 �109]

����� 576.130 [Repealed by 1953 c.119 �2]

����� 576.135 [1953 c.489 �34; 1983 c.438 �1; repealed by 2003 c.604 �109]

����� 576.140 [Repealed by 1953 c.119 �2]

����� 576.145 [1953 c.489 �35; repealed by 2003 c.604 �109]

����� 576.150 [Repealed by 1953 c.119 �2]

����� 576.155 [1977 c.526 �2; repealed by 2003 c.604 �109]

����� 576.160 [Repealed by 1953 c.119 �2]

����� 576.165 [1983 c.688 �2; 1989 c.185 �1; repealed by 2003 c.604 �109]

����� 576.170 [Repealed by 1953 c.119 �2]

����� 576.171 [1999 c.672 �4; 2001 c.504 �3; repealed by 2003 c.604 �109]

����� 576.175 [1989 c.748 �2; 1991 c.894 �1; 1999 c.178 �1; repealed by 2003 c.604 �109]

����� 576.180 [Repealed by 1953 c.119 �2]

����� 576.190 [Repealed by 1953 c.119 �2]

����� 576.200 [Repealed by 1953 c.119 �2]

����� 576.205 [1953 c.489 �11; 1957 c.447 �9; 1959 c.596 �8; 1977 c.198 �8; repealed by 2003 c.604 �3 (576.206 enacted in lieu of 576.205)]

(Organization)

����� 576.206 Appointment of temporary members; rules; appointment of commissioners; commissioner qualifications; compensation. (1) Upon the establishment of a commodity commission, the Director of Agriculture shall appoint five temporary members to the commission. In appointing the temporary members, the director shall give consideration to any recommendations by other commodity commissions, commodity growers and commodity grower associations. A majority of the temporary members must be producers of the commodity that is the subject of the commission and at least one member must be a handler of the commodity.

����� (2) The temporary members shall adopt rules for the commission in accordance with ORS chapter 183, including but not limited to rules establishing the number and geographic representation of the commissioners and rules providing for the removal of commissioners. The terms of the temporary members expire on the date that one or more commissioners are appointed under subsection (3) of this section. A qualified temporary member is eligible for appointment to a term on the commission under subsection (3) of this section.

����� (3) Except as provided in ORS 576.225 (3), the director shall appoint the commissioners for a commodity commission in accordance with the rules adopted under subsection (2) of this section. In appointing the commissioners, the director shall give consideration to any recommendations by other commodity commissions, commodity growers and commodity grower associations.

����� (4) A majority of the commissioners must be producers of the commodity that is the subject of the commission. At least one commissioner must be a handler of the commodity. One commissioner must be a member of the public not associated with the production or handling of the commodity. All commissioners other than handlers and the member of the public must be producers.

����� (5) The term of a commissioner appointed under subsection (3) of this section is four years unless a shorter term is established by commission rule. A commissioner is eligible for reappointment unless otherwise provided by commission rule. Before the expiration of a commissioner�s term, the director shall appoint a successor to assume office upon expiration of the term. If there is a vacancy on a commission for any cause, the director shall appoint a person to the unexpired term.

����� (6) The commission shall select one member to serve as chairperson and another member to serve as vice chairperson, with such duties and powers as the commission deems appropriate to those offices.

����� (7) A temporary member of a commission or a commissioner is entitled to compensation and expenses in the manner and amounts provided in ORS 292.495. Claims for compensation earned and expenses incurred in performing the functions of the commission shall be paid out of funds available to the commission. [2003 c.604 �4 (enacted in lieu of 576.205); 2003 c.604 �5; 2007 c.55 �2; 2013 c.90 �2]

����� 576.210 [Repealed by 1953 c.119 �2]

����� 576.215 Ex officio members of commission. The Director of Agriculture and the Dean of the College of Agricultural Sciences of Oregon State University, or their respective official representative, shall be ex officio members of a commodity commission, without right to vote. When a commission is established for a seafood commodity, the chairperson of the State Fish and Wildlife Commission or the official representative of the chairperson shall also be an ex officio member of the commission, without right to vote. ORS 576.206 and 576.225 to 576.255 do not apply to ex officio members. [1953 c.489 �12; 1957 c.447 �10; 1959 c.596 �9; 1995 c.79 �311; 2003 c.604 �32]

����� 576.220 [Repealed by 1953 c.119 �2]

����� 576.225 Qualifications of members; changes in commission composition; rules. (1) A member of a commodity commission must, during the term of office of the member:

����� (a) Be a citizen of the United States.

����� (b) Be a bona fide resident of the state.

����� (c) Have an active interest in the positive development and economic growth of the commodity industry in Oregon.

����� (2) A producer member of a commission must have paid an assessment adopted by the commission, if any, on the commodity in each of the preceding three calendar years. A handler member of a commission must have collected an assessment adopted by the commission, if any, on the commodity in each of the preceding three calendar years.

����� (3) In addition to any other authority of a commodity commission to adopt rules under ORS

ORS 62.560

62.560, as well as the affirmative vote of a majority of member votes cast thereon. Any number of amendments may be submitted to the members and voted upon by them at one meeting. [1957 c.716 �38]

����� 62.560 Shareholder voting on amendments to articles. (1) If a proposed amendment to articles would affect a shareholder, such shareholder, whether or not permitted to vote by the articles, is entitled to cast one vote on the amendment regardless of the dollar amount of stock or number of affected classes of stock held by the shareholder; except that the articles may permit such affected shareholder to cast one vote for each share of stock the shareholder holds other than membership stock. A member holding stock affected by a proposed amendment may vote both as a member and as an affected shareholder.

����� (2) If any shareholder is entitled to vote on a proposed amendment, the meeting at which that proposed amendment is to be voted upon shall be a joint meeting of members and affected shareholders, and notice of that meeting together with a copy of the proposed amendment or a summary of the changes to be effected thereby shall be given to each such shareholder of record entitled to vote thereon within the time and in the manner provided in ORS 62.255 for the giving of notice of meetings of members. The proposed amendment is adopted only if it receives the affirmative vote of a majority of the votes of the affected shareholders entitled to vote thereon.

����� (3) For the purpose of this section, a shareholder is affected as to any class of stock owned by the shareholder only if an amendment would expressly:

����� (a) Decrease the dividends to which that class may be entitled or change the method by which the dividend rate on that class is fixed.

����� (b) Restrict rights to transfer that class.

����� (c) Give to another existing or any new class of stock or equity interest not previously entitled thereto any preference as to dividends or upon dissolution which is the same or higher than preferences of that class.

����� (d) Change the par value of shares of that class or of any other class having the same or higher preferences as to dividends or upon dissolution.

����� (e) Increase the number of authorized shares of any class having a higher preference as to dividends or upon dissolution.

����� (f) Require or permit an exchange of shares of any class with lower preferences as to dividends or upon dissolution for shares of that class or any other class with the same or higher preferences. [1957 c.716 �39]

����� 62.565 Articles of amendment; effect of amendment. (1) Following adoption of an amendment or amendments to articles as provided in this chapter, articles of amendment shall set forth:

����� (a) The name of the cooperative.

����� (b) The text of each amendment adopted.

����� (c) The date of the adoption of the amendment by the members.

����� (d) The numbers of members voting for and against the amendment.

����� (e) If affected shareholders had the right to vote under ORS 62.560, the number of affected shareholders, the number of shareholder votes entitled to be voted thereon, and the numbers of such votes cast for and against the amendment.

����� (2) No amendment shall affect any existing cause of action in favor of or against the cooperative, or any pending suit to which the cooperative is a party, or the existing rights of persons other than members or affected shareholders; and, if the cooperative�s name is changed by amendment, no suit brought by or against the cooperative under its former name shall abate for that reason. [1957 c.716 �40; 1981 c.633 �63; 1985 c.728 �69; 1987 c.94 �85; 1995 c.195 �32]

����� 62.570 Restated articles. (1) A cooperative by action taken in the same manner as required for amendment of articles of incorporation may adopt restated articles of incorporation. The restated articles of incorporation may contain any changes in the articles of incorporation that could be made by amendment regularly adopted. Adoption of restated articles of incorporation containing any such changes shall have the effect of amending the existing articles of incorporation to conform to the restated articles, without further action of the board of directors or shareholders.

����� (2) Restated articles of incorporation shall contain all the statements required under this chapter to be included in original articles of incorporation except that no statement need be made with respect to:

����� (a) The number, names and addresses of directors constituting the initial board of directors;

����� (b) The names and addresses of the incorporators;

����� (c) The initial or present registered office or agent; or

����� (d) The mailing address of the cooperative if an annual report has been filed with the Office of the Secretary of State.

����� (3) Restated articles of incorporation when executed and filed in the manner prescribed in this chapter shall supersede the theretofore existing articles of incorporation and amendments thereto. The Secretary of State shall upon request certify a copy of the articles of incorporation, or the articles of incorporation as restated, or any amendments to either thereof.

����� (4) The restated articles of incorporation, when filed, shall be accompanied by a statement and a true copy of the statement as provided in this subsection. The statement shall set forth:

����� (a) The name of the cooperative.

����� (b) The date of the adoption of the restated articles of incorporation.

����� (c) The number of shares outstanding, and if affected shareholders have the right to vote, the number of affected shares, the number of shareholder votes entitled to be voted thereon, and, if the shareholders of any class are entitled to vote thereon as a class, the designation and number of outstanding shares entitled to vote thereon of each class.

����� (d) The number of members voting for and against the restated articles of incorporation, respectively, and, if there are shareholders entitled to vote, the number of shares voted for and against the restated articles of incorporation, respectively, and, if the shares of any class are entitled to vote thereon as a class, the number of shares of each such class voted for and against the restated articles, respectively.

����� (e) If the restated articles of incorporation provide for an exchange, reclassification or cancellation of issued shares, and if the manner in which the same shall be effected is not set forth in the restated articles of incorporation, then a statement of the manner in which the same shall be effected. [1957 c.716 �41; 1963 c.492 �46; 1987 c.94 �86; 1995 c.195 �33]

CONVERSIONS AND MERGERS

����� 62.605 Definitions for ORS 62.605 to 62.623. As used in this section and ORS 62.607 to 62.623:

����� (1) �Business entity� means:

����� (a) Any of the following for-profit entities:

����� (A) A professional corporation organized under ORS chapter 58, predecessor law or comparable law of another jurisdiction;

����� (B) A corporation organized under ORS chapter 60, predecessor law or comparable law of another jurisdiction;

����� (C) A limited liability company organized under ORS chapter 63 or comparable law of another jurisdiction;

����� (D) A partnership organized in Oregon after January 1, 1998, or that is registered as a limited liability partnership, or that has elected to be governed by ORS chapter 67, and a partnership governed by law of another jurisdiction that expressly provides for conversions and mergers; and

����� (E) A limited partnership organized under ORS chapter 70, predecessor law or comparable law of another jurisdiction; and

����� (b) A cooperative organized under this chapter, predecessor law or comparable law of another jurisdiction.

����� (2) �Organizational document� means the following for an Oregon business entity or, for a foreign business entity, a document equivalent to the following:

����� (a) In the case of a corporation, professional corporation or cooperative, articles of incorporation;

����� (b) In the case of a limited liability company, articles of organization;

����� (c) In the case of a partnership, a partnership agreement and, for a limited liability partnership, its registration; and

����� (d) In the case of a limited partnership, a certificate of limited partnership.

����� (3) �Owner� means a:

����� (a) Shareholder of a corporation or of a professional corporation;

����� (b) Member or shareholder of a cooperative;

����� (c) Member of a limited liability company;

����� (d) Partner of a partnership; and

����� (e) General partner or limited partner of a limited partnership. [1957 c.716 �42; 1995 c.195 �38; 1999 c.362 �18; 2003 c.80 �17b]

����� 62.607 Conversion. (1)(a) A business entity may be converted to a cooperative organized under this chapter.

����� (b) A cooperative organized under this chapter may be converted to another business entity organized under the laws of this state if the statutes that govern the other business entity permit the conversion.

����� (c) A business entity may perform a conversion described in paragraph (a) or (b) of this subsection by approving a plan of conversion and filing articles of conversion.

����� (2) A cooperative organized under this chapter may be converted to a business entity organized under the laws of another jurisdiction if:

����� (a) The laws of the other jurisdiction permit the conversion;

����� (b) The converting cooperative approves a plan of conversion;

����� (c) Articles of conversion are filed in this state;

����� (d)(A) The converted business entity submits an application for filing to the Secretary of State to transact business as a foreign business entity of the type into which the business entity converted unless the converted business entity does not intend to continue to transact business in this state; and

����� (B) The converted business entity meets all other requirements the laws of this state prescribe for authorization to transact business as a foreign business entity of the type into which the business entity converted; and

����� (e) The cooperative complies with all requirements that the laws of the other jurisdiction impose with respect to the conversion.

����� (3) The plan of conversion must set forth:

����� (a) The name and type of the business entity prior to conversion;

����� (b) The name and type of the business entity after conversion;

����� (c) A summary of the material terms and conditions of the conversion;

����� (d) The manner and basis of converting the ownership interests of each owner into ownership interests or obligations of the surviving business entity or any other business entity, or into cash or other property in whole or in part; and

����� (e) Any additional information that the statutes that govern converted business entities of the type into which the business entity converted require in the organizational document of the converted business entity.

����� (4) The plan of conversion may set forth other provisions relating to the conversion. [1999 c.362 �20; 2001 c.315 �14; 2003 c.80 �18; 2011 c.147 �7]

����� 62.609 Action on plan of conversion. (1) A plan of conversion shall be approved by the business entity as follows:

����� (a) In the case of a cooperative, in the manner provided in ORS 62.619 (1)(a) for mergers; and

����� (b) In the case of a business entity other than a cooperative, as provided by the statutes governing that business entity.

����� (2) After a conversion is approved, and at any time before articles of conversion are filed, the planned conversion may be abandoned, subject to any contractual rights:

����� (a) By a cooperative, without further action by the members or shareholders, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, in the manner determined by the board of directors.

����� (b) By another business entity that planned to convert to a cooperative, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, in the manner permitted by the statutes governing that business entity. [1999 c.362 �21]

����� 62.610 [1957 c.716 �43; 1963 c.156 �3; 1995 c.195 �39; repealed by 1999 c.362 �67]

����� 62.611 Articles and plan of conversion. (1) After the owners approve a conversion, the converting business entity shall:

����� (a) File articles of conversion that state the name and type of business entity that existed before conversion and the name and type of business entity that will exist after conversion; and

����� (b) File a plan of conversion or, in lieu of a plan of conversion, a written declaration that:

����� (A) Identifies an address for an office of the converted entity where the plan of conversion is on file; and

����� (B) States that the converted entity will provide any owner with a copy of the plan of conversion upon request and at no cost.

����� (2) The conversion takes effect at the later of the date and time determined in accordance with ORS 62.035 or the date and time determined under the statutes that govern the business entity that is not a cooperative. [1999 c.362 �22; 2001 c.315 �8; 2015 c.28 �2a]

����� 62.613 Effect of conversion; entity existence continues. (1) When a conversion to or from a cooperative pursuant to ORS 62.607 takes effect:

����� (a) The business entity continues its existence despite the conversion;

����� (b) Title to all real estate and other property owned by the converting business entity is vested in the converted business entity without reversion or impairment;

����� (c) All obligations of the converting business entity including, without limitation, contractual, tort, statutory and administrative obligations are obligations of the converted business entity;

����� (d) An action or proceeding pending against the converting business entity or its owners may be continued as if the conversion had not occurred, or the converted business entity may be substituted as a party to the action or proceeding;

����� (e) The ownership interests of each owner that are to be converted into ownership interests or obligations of the converted business entity or any other business entity, or into cash or other property, are converted as provided in the plan of conversion;

����� (f) Liability of an owner for obligations of the business entity shall be determined:

����� (A) As to liabilities incurred by the business entity prior to conversion, according to the status of the owner prior to conversion; and

����� (B) As to liabilities incurred by the business entity after conversion, according to the status of the owner after conversion, except as provided in paragraph (g) of this subsection;

����� (g) If prior to conversion an owner of a business entity was a partner of a partnership or general partner of a limited partnership and was personally liable for the business entity�s liabilities, and after conversion is an owner normally protected from personal liability, then such owner shall continue to be personally liable for the business entity�s liabilities incurred during the 12 months following conversion, if the other party or parties to the transaction reasonably believed that the owner would be personally liable and had not received notice of the conversion; and

����� (h) Unless the converted business entity is a partnership, the registration of an assumed business name of a business entity under ORS chapter 648 shall continue as the assumed business name of the converted business entity. If the converted business entity is a partnership, the converting business entity shall amend or cancel the registration of the assumed business name under ORS chapter 648, and the partners of the partnership shall register the name as an assumed business name under ORS chapter 648.

����� (2) Owners of the business entity that converted are entitled to the rights provided in the plan of conversion and, in the case of business entities other than cooperatives, to the rights provided in the statutes applicable to the business entity prior to conversion, including, without limitation, any rights to dissent, to dissociate, to withdraw, to recover for breach of any duty or obligation owed by the other owners, and to obtain an appraisal or payment for the value of an owner�s interest. [1999 c.362 �23; 2001 c.315 �3]

����� 62.615 [1957 c.716 �44; 1963 c.156 �4; 1981 c.633 �64; 1985 c.728 �70; 1987 c.94 �87; 1995 c.195 �40; 1999 c.362 �26; renumbered 62.621 in 1999]

����� 62.617 Merger; plan of merger. (1) One or more business entities may merge into a cooperative organized under this chapter if the merger is permitted by the statutes governing each other business entity that is a party to the merger, a plan of merger is approved by each business entity that is a party to the merger and articles of merger are filed. A cooperative organized under this chapter may be merged into a business entity organized under the laws of this state or under the laws of another jurisdiction if:

����� (a) The merger is permitted by the laws of this state or by the laws of the other jurisdiction that govern the other business entity;

����� (b) A plan of merger is approved by each business entity that is a party to the merger;

����� (c) Articles of merger are filed in this state; and

����� (d) The cooperative complies with all requirements imposed under the laws of this state and, if applicable, the laws of the other jurisdiction with respect to the merger.

����� (2) The plan of merger shall set forth:

����� (a) The name and type of each business entity planning to merge;

����� (b) The name and type of the business entity that will survive;

����� (c) A summary of the material terms and conditions of the merger;

����� (d) The manner and basis of converting the shares or other ownership interests of each owner into shares, ownership interests or obligations of the surviving business entity or any other business entity, or into cash or other property in whole or in part; and

����� (e) If any party is a business entity other than a cooperative, any additional information required for a merger by the statutes governing that type of business entity.

����� (3) The plan of merger may set forth:

����� (a) Amendments to the articles of incorporation of a cooperative, if the cooperative is the surviving business entity; and

����� (b) Other provisions relating to the merger. [1999 c.362 �24; 2001 c.315 �15; 2003 c.80 �19]

����� 62.619 Action on plan of merger. (1) A plan of merger shall be approved by each business entity that is a party to the merger, as follows:

����� (a) In the case of a cooperative, the board shall by resolution approve the plan and direct that the plan be submitted to a vote at an annual or a special meeting of members. Written notice shall be given to each member in the manner provided in this chapter for meetings of members, and approval of the plan shall be by affirmative vote of a majority of the member votes cast thereon. The articles may permit shareholders to vote on approval of the plan, and may fix the proportion of shareholder votes required for approval. If the articles permit shareholders to vote on such a plan, written notice shall be given to each shareholder entitled to vote thereon in the manner and at the time provided for notice to members.

����� (b) In the case of a business entity other than a cooperative, as provided by the statutes governing that business entity.

����� (2) After a merger is authorized, and at any time before articles of merger are filed, the planned merger may be abandoned, subject to any contractual rights:

����� (a) By the cooperative, without further action by the members or shareholders, in accordance with the procedure set forth in the plan of merger or, if none is set forth, in the manner determined by the board of directors.

����� (b) By a party to the merger that is not a cooperative, in accordance with the procedure set forth in the plan of merger or, if none is set forth, in the manner permitted by the statutes governing that business entity. [1999 c.362 �25]

����� 62.620 [1957 c.716 �45; 1995 c.195 �41; 1999 c.362 �27; renumbered 62.623 in 1999]

����� 62.621 Articles and plan of merger. (1) After each business entity that is a party to a merger approves a plan of merger, the surviving business entity shall deliver to the office of 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 with a copy of the plan of merger upon request and at no cost; and

����� (c) A written declaration that states that:

����� (A) Each cooperative that is a party to the merger:

����� (i) Obtained the requisite approval from the cooperative�s members; and

����� (ii) Obtained the requisite approval from the cooperative�s shareholders, if shareholders are authorized to vote on the plan of merger; and

����� (B) Each business entity, other than a cooperative, that is a party to the merger obtained authorization and approval in accordance with the statutes that govern the business entity.

����� (2) The merger takes effect on the later of the date and time determined in accordance with ORS 62.035 or the date and time determined in accordance with the statutes that govern a party to the merger that is a business entity other than a cooperative. [Formerly 62.615; 2015 c.28 �2b]

����� 62.623 Effect of merger. (1) When a merger involving a cooperative takes effect:

����� (a) Every other business entity that is a party to the merger merges into the surviving business entity, and the separate existence of every other party ceases;

����� (b) Title to all real estate and other property owned by each of the business entities that were parties to the merger is vested in the surviving business entity without reversion or impairment;

����� (c) All obligations of each of the business entities that were parties to the merger, including, without limitation, contractual, tort, statutory and administrative obligations, are obligations of the surviving business entity;

����� (d) An action or proceeding pending against each of the business entities that were parties to the merger may be continued as if the merger had not occurred, or the surviving business entity may be substituted as a party to the action or proceeding;

����� (e) If a cooperative is the surviving business entity, its articles of incorporation are amended to the extent provided in the plan of merger;

����� (f) The shares or other ownership interests of each shareholder or other owner that are to be converted into shares or other ownership interests or obligations of the surviving business entity or any other business entity, or into cash or other property, are converted as provided in the plan of merger;

����� (g) Liability of an owner for obligations of a business entity that is a party to the merger shall be determined:

����� (A) As to obligations incurred by the business entity prior to merger, according to the status of the owner prior to merger; and

����� (B) As to obligations incurred by the business entity after merger, according to the status of the owner after merger, except as provided in paragraph (h) of this subsection;

����� (h) If prior to merger an owner of a business entity was a partner of a partnership or general partner of a limited partnership and was personally liable for the business entity�s obligations, and after merger is an owner normally protected from personal liability, then such owner shall continue to be personally liable for the business entity�s obligations incurred during the 12 months following merger, if the other party or parties to the transaction reasonably believed that the owner would be personally liable and had not received notice of the merger; and

����� (i) The registration of an assumed business name of a business entity under ORS chapter 648 shall continue as the assumed business name of the surviving business entity.

����� (2) Owners of the business entities that merged are entitled to the rights provided in the plan of merger and, in the case of owners of business entities other than cooperatives, the rights provided in the statutes applicable to that business entity, including, without limitation, any rights to dissent, to dissociate, to withdraw, to recover for breach of any duty or obligation owed by the other owners, and to obtain an appraisal or payment for the value of an owner�s interest. [Formerly 62.620]

����� 62.625 [1957 c.716 �46; 1987 c.94 �88; 1995 c.195 �42; repealed by 1999 c.362 �67]

����� 62.635 [1957 c.716 �47; 1983 c.95 �1; 1987 c.94 �89; repealed by 1999 c.362 �67]

DISSOLUTION

����� 62.655 Voluntary dissolution by act of cooperative. A cooperative may be dissolved by the act of the cooperative, when authorized in the following manner:

����� (1) The board shall adopt a resolution directing that the question of dissolution be submitted to a vote at a meeting of members, which may be either an annual or a special meeting.

����� (2) Written or printed notice shall be given to each member in the manner provided in ORS

ORS 62.803

62.803.

����� (11) �Manufactured housing� means a dwelling unit manufactured off-site having a minimum width of 10 feet and a minimum area of 400 square feet built on a permanent chassis and designed to be used for permanent residential occupancy whether or not on a permanent foundation, and that contains permanent eating, cooking, sleeping and sanitary facilities and meets such standards as the department determines, by rule, are reasonable to maintain the quality, safety and durability of the dwelling, the sanitary requirements of the communities in which they are located and the security of the loans that the department may finance for the purchase of the dwellings.

����� (12) �Nonprofit housing corporation� means an organization formed under ORS chapter 65 and whose articles of incorporation provide, in addition to the other requirements of ORS chapter 65, that:

����� (a) The corporation has been organized exclusively to provide housing facilities for persons and families of lower income and such other social, recreational, commercial and communal facilities as may be incidental to such housing facilities.

����� (b) All the income and earnings of the corporation shall be used exclusively for corporation purposes and that no part of the net income or net earnings of the corporation may inure to the benefit of any private individual, firm, corporation, partnership or association.

����� (c) The corporation is in no manner controlled or under the direction or acting in the substantial interest of any private individual, firm, partnership or association seeking to derive profit or gain therefrom or seeking to eliminate or minimize losses in transactions therewith.

����� (d) The operations of the corporation may be supervised by the department and that the corporation shall enter into such agreements with the department as the department may require to regulate the planning, development and management of any housing project undertaken by the corporation and the disposition of the property and other interests of the corporation.

����� (13) �Person of lower income� or �family of lower income� means:

����� (a) A person or family residing in this state whose income is not more than 80 percent of area median income, adjusted for family size, as determined by the Housing and Community Services Department based on information from the United States Department of Housing and Urban Development;

����� (b) A person or family residing in this state whose income, adjusted for family size, is below the level the Housing and Community Services Department has determined to be necessary in order to obtain in the open market decent, safe and sanitary housing, including the cost of utilities and taxes, for not more than 25 percent of the gross income of the person or family; or

����� (c) Any person or family the department determines is appropriate to treat as a person of lower income or a family of lower income incidental to the accomplishment of department programs for persons and families of lower income described in paragraphs (a) and (b) of this subsection.

����� (14) �Project cost� or �costs of the project� means the sum of all reasonable expenses incurred by a qualified housing sponsor in undertaking and completing a housing project approved by the department. �Project costs� or �costs of the project� include but are not limited to the expenses incurred by a qualified housing sponsor for:

����� (a) Studies and surveys;

����� (b) Plans, specifications, architectural and engineering services;

����� (c) Legal, organizational and other special services;

����� (d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated housing units;

����� (e) Movement of existing buildings to new sites; the cost of acquisition, or estimated fair market value, of land and other interests in real estate;

����� (f) Rehabilitation, reconstruction, repair or remodeling of existing buildings;

����� (g) Estimated carrying charges during construction and for a reasonable period thereafter;

����� (h) Placement of tenants or occupants and relocation services in connection with the housing project;

����� (i) Reasonable builder�s or sponsor�s profit and risk allowance; and

����� (j) Development costs not otherwise included in this subsection.

����� (15) �Qualified housing sponsor� means the following entities if approved by the department under ORS 456.620 (2):

����� (a) A consumer housing cooperative;

����� (b) A limited dividend housing sponsor;

����� (c) A nonprofit housing corporation;

����� (d) A for-profit housing sponsor;

����� (e) A housing authority;

����� (f) An urban renewal agency created by ORS 457.035; and

����� (g) Any city or county governing body or agency or department designated by the governing body.

����� (16)(a) �Residential housing� means a specific work or improvement within this state that contains units for persons or families of lower incomes and is undertaken primarily to provide dwelling accommodations, including land development and acquisition, construction or rehabilitation of buildings and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental or appurtenant thereto and as the department determines improve the quality of the development as it relates to housing for persons or families of lower income or moderate income households as defined in ORS 456.270 and the financial feasibility of the development.

����� (b) �Residential housing� includes, but is not limited to, a specific work or improvement within this state undertaken to provide mobile home or manufactured dwelling parks as defined in ORS 446.003.

����� (c) As used in this subsection, �land development� includes, but is not limited to, the improvement of streets and alleys and the construction of surface drains, sewers, curbing and sidewalks.

����� (17) �Residential loan� means any of the following:

����� (a) A loan that is for the acquisition, construction, improvement or rehabilitation of residential housing.

����� (b) An insured or guaranteed loan for the acquisition of manufactured housing or for the acquisition of a lot described in ORS 92.840 by a manufactured dwelling park tenant.

����� (c) A loan for the purchase of a proprietary lease and related cooperative shares in a housing cooperative formed under ORS chapter 62 secured by a security interest of first priority and a pledge or an assignment of proprietary leases and related cooperative shares.

����� (d) A loan, secured by such lien as may be approved by the department, made for the acquisition of a residential structure and made solely to provide down payment or closing cost assistance to allow low and moderate income households to qualify for a first position purchase loan on the structure. [Formerly 456.615; 2009 c.541 �21; 2015 c.180 �5; 2021 c.55 �2; 2023 c.193 �18; 2025 c.537 �5]

����� 456.550 Policy. (1) There exists in this state a seriously inadequate supply of and a pressing need for safe and sanitary dwelling accommodations within the financial means of persons and families of lower income, including but not limited to persons and families displaced by the clearing of slums and blighted areas or by other public programs;

����� (2) Private lending institutions have been and will continue to be unable to provide necessary financial support for lower income housing and the resulting shortage of financing has been in whole or in part responsible for the shortage of lower income housing;

����� (3) It is a valid public purpose to provide for the construction, rehabilitation, purchase, leasing and refinancing of housing for such persons and families who would otherwise be unable to obtain adequate dwelling accommodations which they could afford and to aid in the acquisition of land for present or future developments including such housing accommodations;

����� (4) It is further found that the authority and powers conferred by ORS 456.548 to 456.828 and ORS chapter 458 upon the Housing and Community Services Department and the Director of the Housing and Community Services Department constitute a necessary public program and serve a valid public purpose;

����� (5) To stimulate and increase the supply of housing for persons and families of lower income it is necessary that a central source of housing information, planning, educational services and technical assistance and a revolving fund be established. The Housing and Community Services Department shall be that central source in this state;

����� (6) It is the policy of this state to increase the amount of and improve the condition of low and moderate income housing by investing in developing local capacity to build, rehabilitate and manage housing. A primary vehicle for building such capacity is the formation and expansion of community development corporations; and

����� (7) In that the farmworkers in this state benefit the social and economic welfare of all of the people in Oregon by their unceasing efforts to bring a bountiful crop to market, the Legislative Assembly declares that it is the policy of this state to ensure adequate accommodations commensurate with the housing needs of Oregon�s farm workers that meet decent health, safety and welfare standards. To accomplish this objective in the interest of all of the people in this state, it is necessary that:

����� (a) Every state and local government agency that has powers, functions or duties with respect to housing, land use or enforcing health, safety or welfare standards, under this or any other law, shall exercise its powers, functions or duties consistently with state policy and in a manner that will facilitate sustained progress in attaining the objectives established;

����� (b) Every state and local government agency with jurisdiction over farmworker activities must make every effort to alleviate insanitary, unsafe and overcrowded accommodations;

����� (c) Special efforts should be directed toward mitigating hazards to families and children; and

����� (d) Accommodations must be designed to provide for the rights of free association to seasonal farmworkers. [1971 c.505 �1; 1973 c.828 �1; 1973 c.832 �3; 1975 c.154 �7; 1989 c.1030 �5; 1995 c.79 �244; 2001 c.625 �4]

����� 456.553 [1989 c.307 �1 (enacted in lieu of

ORS 63.001

63.001.

����� (i) �Stockholder,� �stockholders,� �shareholder� or �shareholders� means the Oregon trust company�s member or members, as defined in ORS 63.001.

����� (3) An Oregon trust company organized as a limited liability company shall be organized under the authority of the Director of the Department of Consumer and Business Services under this chapter and ORS chapter 707. Except as set forth in subsection (4) of this section, with respect to all other aspects of its operation and existence, an Oregon trust company that is organized as a limited liability company is subject to the provisions of ORS chapter 63, to the extent that ORS chapter 63 does not conflict with the Bank Act. In the event of any conflict between the Bank Act and ORS chapter 63, the Bank Act controls.

����� (4)(a) Notwithstanding any provision of ORS chapter 63, the articles of organization of an Oregon trust company that is organized as a limited liability company shall:

����� (A) State that the existence of the Oregon trust company is perpetual; and

����� (B) Provide that the Oregon trust company is to be managed by a board of not fewer than five managers.

����� (b) Notwithstanding any provision of ORS chapter 63, an Oregon trust company that is organized as a limited liability company shall be managed exclusively by its board of managers in substantially the same manner as an Oregon trust company that is organized as a corporation is managed by its board of directors. The board of managers of an Oregon trust company that is organized as a limited liability company has substantially the same rights, powers, privileges, duties and responsibilities as the board of directors of an Oregon trust company that is organized as a corporation and is subject to the provisions of ORS chapter 707 and this chapter pertaining to directors.

����� (c) Notwithstanding any provision of ORS chapter 63, membership interests in an Oregon trust company that is organized as a limited liability company are freely transferable, and consent of the Oregon trust company or its members or managers is not required for a person to acquire or transfer a membership interest in the Oregon trust company. Immediately upon the completion of the transfer of the membership interest to a person, the person becomes a member, and has all the rights of a member.

����� (d) ORS 63.621 (2) to (4) do not apply to an Oregon trust company organized as a limited liability company.

����� (5) The articles of organization of an Oregon trust company that is organized as a limited liability company shall require that liquidation of the Oregon trust company conform with the requirements of the Bank Act.

����� (6) An Oregon trust company that is organized as a limited liability company shall have the officers described in ORS 707.700. The officers shall be elected by the board of managers of the Oregon trust company and shall be subject to the provisions of this chapter and ORS chapter 707.

����� (7) Each Oregon trust company that is organized as a limited liability company shall have a written operating agreement containing any provisions for the affairs of the Oregon trust company as may be agreed upon by its members and that are consistent with the Bank Act.

����� (8) Any number of persons, not fewer than five, may act as organizers of an Oregon trust company that is organized as a limited liability company. [2005 c.134 �4]

����� 709.020 [Amended by 1973 c.428 �10; repealed by 1973 c.797 �428]

����� 709.030 Approval to transact trust business; exceptions; deposit of cash, securities, letter of credit or surety bond with director; amount. (1) Except as provided in subsection (4) of this section, no person other than a trust company shall transact a trust business in this state. Except as provided in subsection (4) of this section, before a person transacts any trust business in this state, the person shall obtain the approval of the Director of the Department of Consumer and Business Services if required under ORS 709.005 and shall deposit with the director, as security and as a pledge for the faithful conduct of its trust business:

����� (a) Cash or interest-bearing securities that have a ready market value;

����� (b) A surety bond issued by a surety company authorized to transact business in this state and in a form approved by the director, under which the principal and surety indemnify the several owners of the fund held in trust against loss due to the failure of the trust company;

����� (c) An irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008; or

����� (d) Any combination of cash, letters of credit, interest-bearing securities and surety bond.

����� (2) If the cash and securities held in trust amount to less than $1 million, the deposit, bond, letters of credit or combination thereof shall be $50,000. If the cash and securities held in trust amount to at least $1 million but do not exceed $1.5 million, the deposit, bond, letters of credit or combination thereof shall be $100,000. For each $500,000 or fraction thereof in excess of $1.5 million held in trust, the deposit, bond, or letters of credit or combination thereof shall be increased an additional $25,000, except a trust company shall not be required to increase the deposit, bond, letters of credit or combination thereof to an amount in excess of $1 million.

����� (3) The securities shall be deposited with the director and held by the director as trustee for the beneficiaries of the trust funds held by the trust company.

����� (4) A person shall not be required to be a trust company if the person:

����� (a) Does not and will not regularly transact trust business in the ordinary course of the person�s business;

����� (b) Acts in a manner authorized by law and in the scope of authority as an agent of a trust company;

����� (c) Is an attorney rendering a service customarily performed by an attorney;

����� (d) Is acting as trustee under a deed of trust;

����� (e) Is a licensed real estate broker or principal real estate broker rendering a service customarily performed by a broker;

����� (f) Is a licensed escrow agent rendering a service customarily performed by an escrow agent; or

����� (g) Is exempt from the provisions of subsection (1) of this section by rule of the director. [Amended by 1957 c.82 �1; 1967 c.139 �1; 1973 c.797 �183a; 1979 c.88 �12; 1981 c.192 �14; 1985 c.800 �1; 1991 c.331 �114; 1997 c.631 �203; 2001 c.300 �81; 2007 c.71 �228]

����� 709.040 Securities eligible for deposit. The securities mentioned in ORS 709.030 may only be of the following classes:

����� (1) Interest-bearing bonds, notes or obligations of the United States including those of its agencies and instrumentalities, or bonds, notes or obligations for which the faith of the United States is pledged for the payment of the principal and interest.

����� (2) Bonds or other obligations of the State of Oregon, any county of this state or any incorporated city, town or school or port district of this state having a population of not less than 2,000 as shown by the last federal census, or bonds of any other state, any county, incorporated city, town or school or port district therein having a population of not less than 25,000, as shown by the last federal census, if:

����� (a) The bonds or obligations are issued in compliance with the constitution and laws of the applicable state;

����� (b) The bonds or obligations are a general obligation of the state, city, town or school or port district issuing the bonds; and

����� (c) There has been no default in payment of either principal or interest on any of the general obligations of the state, county, incorporated city, town or school or port district for a period of five years preceding the date of the deposit.

����� (3) Notes or bonds secured by first liens upon improved real estate in this state or any other state if the obligation, plus taxes not due and bonded indebtedness for public improvements not due, do not exceed 50 percent of the reasonable market value of the real estate. The trust company shall file in support of a real estate obligation, such appraisal, evidence of merchantable title and insurance as may be required by the Director of the Department of Consumer and Business Services. [Amended by 1973 c.797 �184; 1997 c.631 �204]

����� 709.050 Trust companies depositing securities guaranteed by mortgage insurance and mortgage participation certificates. A trust company authorized to do a trust business in this state which is required to make any deposit of securities with any public official in order to do business in this state may deposit:

����� (1) Notes or bonds secured by mortgages or deeds of trust, payment of which are guaranteed by policies of mortgage insurance; and

����� (2) Mortgage participation certificates issued by a mortgage insurance company authorized to do business in this state in accordance with ORS 742.282 and 742.284. [Amended by 1967 c.359 �703; 1973 c.797 �185; 1997 c.631 �205]

����� 709.060 Primary liability of deposit. The deposit mentioned in ORS 709.030 is primarily liable for the malfeasance of a trust company as a fiduciary and is not liable for any debt or other obligation of the company until such malfeasance liability has been discharged. [Amended by 1973 c.797 �186; 1997 c.631 �206]

����� 709.070 Right of action against deposit. A person who suffers loss or damage because of the breach of any trust committed to a trust company may recover the amount of the loss or damage out of the moneys or securities deposited under ORS 709.030 with the director by the trust company. [Amended by 1973 c.797 �187; 1997 c.631 �207]

����� 709.080 Charges for handling securities; collection procedure. (1) The Director of the Department of Consumer and Business Services may charge a reasonable amount for any expenses incurred and services rendered in connection with deposits of securities.

����� (2) If a trust company does not, after due notice, pay to the director any charge assessed against it under this section, the director may:

����� (a) Apply in payment of the charges, with interest at the legal rate, as much as necessary of the interest or other earnings accruing on any securities deposited with the director; or

����� (b) Report the facts to the Attorney General, who shall, in the name of the director, institute appropriate action against the trust company. [Amended by 1973 c.797 �188; 1997 c.631 �208]

����� 709.090 [Repealed by 1973 c.797 �428]

����� 709.100 [Repealed by 1973 c.797 �428]

����� 709.110 Deposit of documents with notes or bonds. All mortgages or deeds of trust and all insurance policies, abstracts of title, certificates of title or title insurance policies and appraisements required by the Director of the Department of Consumer and Business Services under ORS 709.040 (3) shall be deposited with the notes or bonds. When less than the whole of a bond issue is deposited, the director shall not require the deposit of the abstract of title, certificates of title or title insurance policies and appraisements, but may require a certificate from the trustee of the mortgage or bond issue that the documents have been deposited with the trustee. [Amended by 1973 c.797 �189]

����� 709.120 Substitution of deposit securities; income of securities deposited. (1) The Director of the Department of Consumer and Business Services may require the immediate substitution of other securities when the director has reason to believe that the market value of securities which have been deposited under ORS 709.030 have depreciated below the amount required under ORS 709.030. Substitution of securities with the director at the request of the depositing trust company may be permitted if approved by the director.

����� (2) All interest, income or dividends from all securities deposited with the director belong to the depositing trust company, and if the trust company is solvent, it may receive and retain the interest, income or dividends. [Amended by 1973 c.797 �190; 1997 c.631 �209]

����� 709.130 Indemnity bond when cash and securities of fiduciary account exceed stockholders� equity or members� equity in trust company. If the cash and securities that belong to any single fiduciary account exceed the amount of a trust company�s stockholders� equity or members� equity, the court that appoints the trust company to the position of trust may require an indemnity bond from the trust company for the amount of cash and securities that exceeds the stockholders� equity or members� equity. [Amended by 1973 c.797 �191; 1999 c.59 �219; 2015 c.244 �75]

����� 709.140 Return of deposit; liability of state. The State of Oregon is liable for the return of any funds or securities deposited in accordance with ORS 709.030. [Amended by 1973 c.797 �192]

����� 709.145 Investment of capital. The capital of a trust company may be invested in the securities specified in ORS 709.040. [1973 c.797 �193]

GENERAL POWERS

����� 709.150 General powers of trust companies. A trust company may:

����� (1) Act as a fiscal or transfer agent of the United States or of any state, county, municipality, political subdivision or corporation, and in that capacity:

����� (a) Receive and disburse money;

����� (b) Transfer, register and countersign certificates of stock, bonds or other evidence of indebtedness;

����� (c) Authenticate and certify bonds and certificates of indebtedness; and

����� (d) Act as attorney-in-fact or agent of a person for any lawful purpose.

����� (2) Lease, hold, purchase and convey any real property necessary or convenient in transacting trust business.

����� (3) Receive deposits of moneys, securities and other personal property in trust from any person and loan trust funds that are secured by real or personal property.

����� (4) Act as trustee under any mortgage or bonds and accept and execute any lawful municipal or corporate trusts.

����� (5) Be appointed by a court and act as a fiduciary.

����� (6) Accept and execute any lawful trust.

����� (7) Rent receptacles for safe deposits of personal property and receive personal property upon deposit for safekeeping.

����� (8) Purchase, invest in and sell bills of exchange, bonds and mortgages, and other evidences of indebtedness.

����� (9) Discount and negotiate promissory notes, drafts, bills of exchange and other evidences of debt in managing trust properties, accept for payment at a future date drafts drawn upon the trust company and issue letters of credit authorizing holders to draw drafts upon the trust company or the trust company�s correspondents at sight or on time, not exceeding one year.

����� (10) Exercise all other powers given to trust companies under the Bank Act. [Amended by 1961 c.344 �106; 1973 c.797 �194; 1973 c.823 �141; 1974 c.36 �24; 1997 c.631 �210; 2015 c.244 �76]

����� 709.160 Solicitation and performance of legal business. (1) A trust company shall not advertise to furnish or furnish to the public legal advice or hold itself out as practicing law.

����� (2) A trust company that violates subsection (1) of this section is ineligible for one year thereafter to be judicially appointed as a fiduciary in this state. [Amended by 1973 c.797 �195; 1975 c.544 �28; 1997 c.631 �211]

����� 709.170 Establishment of and investment in common trust funds; rules; accounting. (1) �Common trust fund� as used in this section, means any fund maintained by a trust company exclusively for the collective investment and reinvestment of moneys contributed thereto by the trust company or an affiliated trust company as a fiduciary. For the purposes of this section, two or more trust companies are affiliated if they are members of the same affiliated group, within the meaning of section 1504 of the Internal Revenue Code.

����� (2) A trust company may establish common trust funds for the purpose of furnishing investments to itself as fiduciary, to an affiliated trust company as fiduciary, or to itself or an affiliated trust company and others as cofiduciaries. A trust company may, as a fiduciary or cofiduciary, invest funds that it lawfully holds for investment, in interests in the common trust fund or a common trust fund of an affiliated trust company, if the investment is not prohibited by the instrument, judgment or order creating the fiduciary relationship, and if, in the case of cofiduciaries, the trust company procures the consent of its cofiduciary or cofiduciaries to the investment.

����� (3) The Director of the Department of Consumer and Business Services, in accordance with ORS chapter 183, may adopt rules necessary to control the establishment and operation of common trust funds and to protect the investors. A trust company except a national bank that is qualified to conduct a trust business pursuant to the laws of the United States shall, in the operation of the common trust fund, comply with the rules.

����� (4) Unless ordered by a court a trust company operating common trust funds is not required to render a court accounting with respect to the funds, but it may, upon application to the circuit court of the county in which it has its principal office in this state, obtain a settlement of its common trust fund accounts on conditions specified by the court. When application for the settlement is presented to a circuit court for approval, the circuit court shall assign a time and place for hearing and order notice thereof by:

����� (a) Publication once a week for three successive publications, the first publication to be not less than 20 days prior to the date of hearing, of a notice in a newspaper having a general circulation in the county in which the trust company operating the common trust fund has its principal office;

����� (b) Mailing, not less than 14 days prior to the date of the hearing, a copy of the notice to all beneficiaries of the trusts participating in the common trust fund whose names are known to the trust company from the records kept by it in the regular course of business in the administration of the trust, directed to them at the addresses shown by the records; and

����� (c) Such further notice, if any, as the court may order. [Amended by 1953 c.258 �2; 1959 c.91 �1; 1963 c.56 �1; 1973 c.797 �196; 1973 c.823 �142; 1974 c.36 �25; 1983 c.367 �3; 1985 c.762 �41; 1997 c.631 �212; 2003 c.576 �546]

����� 709.175 Limitation on investment of trust funds; exceptions. (1) Except as provided in ORS

ORS 633.491

633.491. [Formerly 561.755]

����� Note: See note under 633.487.

����� 633.491 Anhydrous Ammonia Additive Review Committee. (1) The Director of Agriculture, in consultation with the Superintendent of State Police, shall appoint an Anhydrous Ammonia Additive Review Committee consisting of not fewer than six members. The term of a member is four years, but a member serves at the pleasure of the director.

����� (2) Members of the committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the State Department of Agriculture for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495.

����� (3) The members of the committee shall include at least one representative from each of the following:

����� (a) The Department of State Police.

����� (b) The State Department of Agriculture.

����� (c) Manufacturers of anhydrous ammonia fertilizers.

����� (d) The Oregon State University Extension Service.

����� (e) Retail distributors.

����� (f) Users who are growers of agricultural commodities.

����� (4) The committee:

����� (a) May review all relevant scientific and economic data on nontoxic dyes or other additives for anhydrous ammonia that are submitted for certification to the State Department of Agriculture under ORS 633.489.

����� (b) Shall, at a minimum, require the manufacturer of any product submitted under ORS 633.489 to provide sufficient scientifically valid data for each submitted nontoxic dye or other additive to allow the State Department of Agriculture to determine the dye�s or additive�s:

����� (A) Impact on crop yield;

����� (B) Specific food crop residue analysis; and

����� (C) Impact on the environment.

����� (c) May issue recommendations to the director regarding whether a nontoxic dye or other additive to anhydrous ammonia should be certified by the State Department of Agriculture under ORS 633.489. [Formerly 561.760]

����� Note: See note under 633.487.

����� 633.495 [1965 c.268 �8; 1977 c.799 �15; 1979 c.29 �1; repealed by 2001 c.914 �30]

����� 633.500 [1977 c.799 �17; repealed by 2001 c.914 �30]

����� 633.510 [Repealed by 1955 c.379 �23]

SEEDS

����� 633.511 Definitions for ORS 633.511 to 633.750. As used in ORS 633.511 to 633.750:

����� (1) �Agricultural seed� means fiber, forage and grass crop seed and any other kind of seed or bulblet commonly recognized in this state as agricultural seed or as lawn or turf seed, and mixtures of any of such seeds, as may be determined by the Director of Agriculture.

����� (2) �Certified,� as applied to bulblets, tubers or horticultural plants or to agricultural, cereal grain, flower or vegetable seed, means inspected and labeled by and in accordance with the standards and rules and regulations adopted by the dean under ORS 633.620 or in accordance with similar standards established by some similar regularly constituted authority in another state or country.

����� (3) �Conditioner� means any person who cleans, blends, bags or stores seed.

����� (4) �Dean� means the Dean of the College of Agricultural Sciences of Oregon State University, or agent.

����� (5) �Director� means the Director of Agriculture, or agent.

����� (6) �Flower seed� means seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold in this state under the name of flower or wildflower seeds.

����� (7) �Inert matter� includes stones, dirt, leafage, stems, badly broken seed and masses of spores.

����� (8) �Labeling� includes all labels and other printed, written or graphic representations in any form on the container of any seeds or accompanying or pertaining to any seeds, whether in bulk or in containers, and includes representations on invoices.

����� (9) �Mixed seed� and �mixture� mean any lot of seed that contains in excess of five percent by weight of each of two or more kinds or varieties of agricultural, flower or vegetable seed.

����� (10) �Other crop seed� means that part of any lot or sample of seed that consists of agricultural, cereal grain, flower or vegetable seeds other than those named on the label.

����� (11) �Percentage of germination� means the percentage of pure seed of a lot or sample that produces satisfactory sprouts before the close of a standard germination test as prescribed pursuant to ORS 633.580.

����� (12) �Percentage of hard seed� means the percentage of pure seed of any lot or sample that remains in its normal hard condition at the close of a standard germination test as prescribed pursuant to ORS 633.580.

����� (13) �Prohibited noxious weed seed� means the seed of weeds that when established are highly destructive, competitive and difficult to control by ordinary good cultural practice.

����� (14) �Pure seed� means the agricultural, flower or vegetable seed of which there is the largest percentage by weight in any unmixed lot or sample and, in the case of mixtures, includes any agricultural, flower or vegetable seed consisting of not less than five percent by weight of the kind or kinds of seed under consideration, as distinguished from other crop seed, weed seed and inert matter.

����� (15) �Restricted noxious weed seed� means the seed of such weeds as are very objectionable in fields, lawns and gardens but can be controlled by good cultural practice.

����� (16) �Retailer� means any person who sells, offers or holds for sale, agricultural, flower or vegetable seed to ultimate consumers or users for planting purposes.

����� (17) �Vegetable seed� means the seed of those crops usually grown in Oregon in gardens or on truck farms or for canning and freezing purposes and generally known and sold under the name of vegetable seed.

����� (18) �Weed seed� means any seed or bulblets other than agricultural, cereal grain, flower or vegetable.

����� (19) �Wholesaler� means any person who sells, offers or holds for sale or contracts to obtain the production of, agricultural, flower or vegetable seed to retailers, distributors, brokers or other wholesalers for resale. [1955 c.379 �2; 1969 c.132 �1; 1977 c.625 �1; 1981 c.196 �1; 1995 c.79 �323; 1995 c.371 �1; 2003 c.14 �382; 2007 c.281 �1; 2011 c.356 �14]

����� 633.520 Labeling agricultural seed or bulk flower seed. Each container of agricultural seed, or of more than one pound of flower seed, sold, offered or exposed for sale, or transported within this state shall bear or have attached in a conspicuous place a legibly written or printed label or tag prepared from information developed from a seed test as prescribed by rule by the Director of Agriculture and that states in the English language:

����� (1) The commonly accepted name of the kind or the kind and variety of each agricultural or flower seed component constituting in excess of five percent of the whole and the percentage by weight of each. If any such component is one that the director, pursuant to ORS 633.680, has determined is generally labeled as to variety, the label or tag shall bear, in addition to the name of the kind, either the name of such variety or the statement �Variety Not Stated.� If more than one agricultural or flower seed is named, the word �mixture� or the words �mixed seed� shall appear conspicuously on the label or tag.

����� (2) The country or state where grown. If unknown, the fact that the country or state where grown is unknown shall be stated.

����� (3) The lot number or other lot identification.

����� (4) The total percentage, by weight, of other crop seed.

����� (5) The total percentage, by weight, of weed seed.

����� (6) The total percentage, by weight, of inert matter.

����� (7) The name and number per pound of each kind of noxious weed seed restricted in Oregon, or the statement �No Noxious Found,� or a similar statement, if the sample is free of all noxious weed seeds listed in the administrative rules.

����� (8) For each named agricultural or flower seed:

����� (a) The percentage of germination. If germination data is based on tests other than sprouting, that shall be so stated on the label.

����� (b) The percentage of hard seed, if more than one percent.

����� (9) The month and year the test to determine the data required by this section was completed.

����� (10) The name and address of the person who labeled the seed or who sells, offers or exposes such seed for sale within the state.

����� (11) The year and month beyond which an inoculant, if shown in the labeling, is no longer claimed to be effective.

����� (12) If such seed or mixture is intended for seeding purposes and has been treated, the following:

����� (a) A statement that the seeds have been treated.

����� (b) The commonly accepted chemical or abbreviated chemical name of any substance used in such treatment.

����� (c) A descriptive statement, approved by the director as adequate for the protection of the public, of any process used in such treatment.

����� (d) If the substances used in such treatment in the amount remaining with the seeds is harmful to humans or other vertebrate animals, an appropriate warning statement, approved by the director as adequate for the protection of the public.

����� (13) A statement of the net quantity of the contents of each container in terms of the net weight of such container. [Amended by 1955 c.379 �3; 1969 c.132 �2; 1995 c.371 �2; 2007 c.281 �2]

����� 633.530 [Repealed by 1955 c.379 �23]

����� 633.531 Labeling vegetable or flower seed weighing one pound or less. Each container of vegetable seed or flower seed that is sold, offered for sale, exposed for sale or transported within this state and that has a net weight of one pound or less shall be legibly labeled:

����� (1) With the commonly accepted name of the kind or the kind and variety of the seed.

����� (2) With the name and address of the person who labeled the seed or who sells, offers or exposes such seed for sale within this state.

����� (3) With the year for which the seed was packed for sale, or the percentage of germination and the date the test was completed.

����� (4) In the case of seed that has a percentage of germination less than the standard prescribed by the Director of Agriculture under authority of ORS 633.680, with:

����� (a) The percentage of germination.

����� (b) The percentage of hard seed, if more than one percent.

����� (c) The month and year the test to determine the data required by this section was completed.

����� (d) The words �substandard germination� in not less than eight-point boldfaced type.

����� (5) With the labeling data required by ORS 633.520 (12) and (13). [1955 c.379 �4; 1969 c.132 �3; 1995 c.371 �3; 2007 c.281 �3]

����� 633.540 [Repealed by 1955 c.379 �23]

����� 633.541 Labeling vegetable seed weighing more than one pound. Each container of vegetable seed weighing more than one pound net weight shall be labeled with:

����� (1) The name of the kind and variety of the contents.

����� (2) The lot number or other lot identification.

����� (3) The name and number per pound of each kind of restricted noxious weed seed, or the statement �No Noxious Found,� or a similar statement, if the sample is free of all noxious weed seeds listed in the administrative rules.

����� (4) The percentage of germination or, if the percentage of germination meets or exceeds the standard established by the Director of Agriculture pursuant to ORS

ORS 645.010

645.010 shall not apply to any transaction by:

����� (a) A person registered with the federal Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require registration;

����� (b) A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in paragraph (a) of this subsection;

����� (c) A person who is a member of a contract market designated by the federal Commodity Futures Trading Commission or any clearinghouse thereof;

����� (d) A financial institution;

����� (e) A person registered under the Oregon Securities Law, as cited in ORS 59.005, as a broker-dealer; or

����� (f) A contract market designated by the federal Commodity Futures Trading Commission or any clearinghouse thereof or a securities exchange registered with the federal Securities and Exchange Commission.

����� (2) The exemption provided by this section shall not apply to any transaction or activity which is prohibited by the federal Commodity Exchange Act or rules adopted by the federal Commodity Futures Trading Commission. [1987 c.148 �5]

����� 645.020 Transactions exempt from prohibition. The prohibitions in ORS 645.010 shall not apply to the following:

����� (1) An account, agreement or transaction within the exclusive jurisdiction of the federal Commodity Futures Trading Commission;

����� (2) A commodity contract for silver, gold, platinum, palladium, copper or other precious metal as defined by rule of the director whether in coin, bullion or other form if within seven days from the payment of any portion of the purchase price:

����� (a) The precious metals purchased are delivered to and held on the purchaser�s behalf at a depository not affiliated with the seller which is:

����� (A) A financial institution;

����� (B) A depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the federal Commodity Futures Trading Commission;

����� (C) A storage facility licensed or regulated by the United States or any agency thereof; or

����� (D) A depository designated by rule of the director; and

����� (b) Unless otherwise provided by rule of the director, the depository issues and the purchaser receives an instrument evidencing that such quantity of precious metals has been delivered to the depository on the purchaser�s behalf; and

����� (3) A commodity contract under which the offeree or the purchaser is a person referred to in ORS 645.015, an insurance company or an investment company as defined in the federal Investment Company Act of 1940, as amended. [1987 c.148 �6; 1989 c.179 �3; 1997 c.249 �195]

����� 645.025 Applicability of ORS 645.010, 645.035 and 645.040. (1) ORS 645.010, 645.035 and

ORS 646.605

646.605, the court shall award the servicemember the greater of $5,000 or three times the amount of actual damages, including damages for emotional distress.

����� (3) A written demand under subsection (1) of this section must be sent by certified mail, return receipt requested. The demand must include the servicemember�s name and address, the date on which the servicemember went on active duty and a description of the alleged violation of 50 U.S.C. 3901 et seq. [2009 c.83 �2; 2019 c.13 �19]

CONSTRUCTION AGREEMENTS

����� 30.140 Void and unenforceable provisions relating to indemnification and duty to defend in construction agreements. (1) As used in this section:

����� (a) �Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services� has the meaning given that term in ORS 279C.100.

����� (b) �Construction agreement� means any written agreement for the planning, design, construction, alteration, repair, improvement or maintenance of any building, highway, road excavation or other structure, project, development or improvement attached to real estate including moving, demolition or tunneling in connection therewith.

����� (c) �Related services� has the meaning given that term in ORS 279C.100.

����� (2) Except to the extent provided under subsections (3) and (4) of this section, any provision in a construction agreement that requires a person or that person�s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property caused in whole or in part by the negligence of the indemnitee is void.

����� (3) This section does not affect any provision in a construction agreement that requires a person or that person�s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the indemnitor, or the fault of the indemnitor�s agents, representatives or subcontractors.

����� (4) A public body as defined in ORS 174.109, including a public body acting as part of an intergovernmental entity formed with another state or with a political subdivision of another state, may not require in a contract with a person or entity providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services a duty to defend the public body or intergovernmental entity against a claim for professional negligence and relating to the professional services provided by the person or entity providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, except to the extent that the person�s or entity�s liability or fault is determined by adjudication or alternative dispute resolution or otherwise resolved by settlement agreement, and not to exceed the proportionate fault of the person or entity. A contractual provision that violates this subsection is unenforceable.

����� (5) This section does not apply to:

����� (a) Any real property lease or rental agreement between a landlord and tenant whether or not any provision of the lease or rental agreement relates to or involves planning, design, construction, alteration, repair, improvement or maintenance as long as the predominant purpose of the lease or rental agreement is not planning, design, construction, alteration, repair, improvement or maintenance of real property;

����� (b) Any personal property lease or rental agreement; or

����� (c) Any design-build contract.

����� (6) No provision of this section shall be construed to apply to a �railroad� as defined in ORS

ORS 646.622

646.622 for the service of investigative demands. The person charged thereupon shall have 10 days within which to execute and deliver to the prosecuting attorney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged unlawful trade practice. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. If the prosecuting attorney is satisfied with the assurance of voluntary compliance, it may be submitted to an appropriate court for approval and if approved shall thereafter be filed with the clerk of the court. If an approved assurance of voluntary compliance provides for the payment of an amount of money, as restitution or otherwise, and if the amount is not paid within 90 days of the date the court approves the assurance, or, if the assurance of voluntary compliance requires periodic payments and if any periodic payment is not paid within 30 days of the date specified in the assurance of voluntary compliance for any periodic payment, then the prosecuting attorney may submit that portion of the assurance of voluntary compliance which provides for the payment of money to the court with a certificate stating the unpaid balance in a form which fully complies with the requirements of ORS 18.038 and 18.042. Upon submission of an assurance of voluntary compliance under this subsection, the court shall sign the assurance of voluntary compliance and it shall be entered in the register of the court and the clerk of the court shall note in the register that it creates a lien. The assurance of voluntary compliance shall thereupon constitute a judgment in favor of the State of Oregon and may be enforced as provided in ORS chapter 18. The notice of the prosecuting attorney under this subsection shall not be deemed a public record until the expiration of 10 days from the service of the notice.

����� (3) The prosecuting attorney may reject as unsatisfactory any assurance:

����� (a) Which does not contain a promise to make restitution in specific amounts or through arbitration for persons who suffered any ascertainable loss of money or property as a result of the alleged unlawful trade practice; or

����� (b) Which does not contain any provision, including but not limited to the keeping of records, which the prosecuting attorney reasonably believes to be necessary to ensure the continued cessation of the alleged unlawful trade practice, if such provision was included in a proposed assurance attached to the notice served pursuant to this section.

����� (4) Violation of any of the terms of an assurance of voluntary compliance which has been approved by and filed with the court shall constitute a contempt of court.

����� (5) The prosecuting attorney need not serve notice pursuant to subsection (2) of this section before filing a suit if, within two years of the filing of such suit, the person charged with the alleged unfair trade practice submitted to any prosecuting attorney an assurance of voluntary compliance which was accepted by and filed with an appropriate court. The prosecuting attorney shall in such case serve notice on the defendant in the manner set forth in ORS 646.622 for the service of investigative demands, on the 10th or earlier day previous to the filing of suit.

����� (6) If the prosecuting attorney alleges that the prosecuting attorney has reason to believe that the delay caused by complying with the provisions of subsection (2) or (5) of this section would cause immediate harm to the public health, safety or welfare, the prosecuting attorney may immediately institute a suit under subsection (1) of this section.

����� (7) A temporary restraining order may be granted without prior notice to the person if the court finds there is a threat of immediate harm to the public health, safety or welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the person restrained consents that it may be extended for a longer period.

����� (8) The court may award reasonable attorney fees to the prevailing party in an action under this section. If the defendant prevails in such suit and the court finds that the defendant had in good faith submitted to the prosecuting attorney a satisfactory assurance of voluntary compliance prior to the institution of the suit or that the prosecuting attorney, in a suit brought under subsections (5) and (6) of this section, did not have reasonable grounds to proceed under those subsections, the court shall award reasonable attorney fees at trial and on appeal to the defendant. [1971 c.744 �11; 1975 c.437 �3; 1981 c.897 �77; 1989 c.745 �1; 1995 c.618 �97; 2003 c.576 �215; 2010 c.94 �4]

����� 646.633 Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services. (1) For purposes of this section, �state regulated lender� means:

����� (a) A banking institution as defined in ORS 706.008;

����� (b) A credit union as defined in ORS 723.006;

����� (c) A person that is required to be licensed under ORS 725.045;

����� (d) A pawnbroker, as defined in ORS 726.010, that is required to be licensed under ORS chapter 726;

����� (e) A mortgage banker or mortgage broker, as those terms are defined in ORS 86A.100, that is required to be licensed under ORS 86A.095 to 86A.198; or

����� (f) A mortgage loan originator that is required to be licensed under ORS 86A.200 to 86A.239.

����� (2) A prosecuting attorney may not take action under ORS 646.618 or 646.632 with respect to an alleged unlawful practice under ORS 646.607 or 646.608 when the conduct involves loans or extensions of credit and was engaged in by a state regulated lender unless requested to do so by the Director of the Department of Consumer and Business Services. In any action requested to be taken by the director under this subsection, the director may elect to be named as a party to the proceeding or suit.

����� (3) The Attorney General may not adopt rules under ORS 646.608 (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except with the prior review and approval of the proposed rules by the director. The Attorney General may not adopt rules under ORS 646.608 (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except as provided in this subsection.

����� (4) As soon as practicable upon receipt, the Attorney General shall provide the director with copies of any complaint or other initial pleading or any judgment received under ORS 646.638 when the action involves the conduct of a state regulated lender. [2010 c.94 �6; 2019 c.13 �61]

����� 646.635 [1965 c.490 ��4, 5; 1967 c.599 �3; repealed by 1971 c.744 �27]

����� 646.636 Remedial power of court. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.607 or 646.608, or as may be necessary to ensure cessation of unlawful trade practices. [1971 c.744 �12; 1977 c.195 �8; 2005 c.22 �449]

����� 646.638 Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions. (1) Except as provided in subsections (8) and (9) of this section, a person that suffers an ascertainable loss of money or property, real or personal, as a result of another person�s willful use or employment of a method, act or practice declared unlawful under ORS 646.608, may bring an individual action in an appropriate court to recover actual damages or statutory damages of $200, whichever is greater. The court or the jury may award punitive damages and the court may provide any equitable relief the court considers necessary or proper.

����� (2) A person that brings an action under subsection (1) of this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences and, upon entry of any judgment in the action, shall mail a copy of the judgment to the Attorney General. Failure to mail a copy of the complaint is not a jurisdictional defect, but a court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by affidavit or by return receipt of mailing.

����� (3) The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing defendant only if the court finds that an objectively reasonable basis for bringing the action or asserting the ground for appeal did not exist.

����� (4) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (3) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

����� (5) Any permanent injunction or final judgment or order the court makes under ORS 646.632 or

ORS 646.636

646.636 is prima facie evidence in an action brought under this section that the respondent used or employed a method, act or practice declared unlawful under ORS 646.608, but an assurance of voluntary compliance, whether or not approved by the court, is not evidence of the violation.

����� (6) Actions brought under this section must be commenced within one year after the discovery of the unlawful method, act or practice. Notwithstanding this limitation, if a prosecuting attorney filed a complaint to prevent, restrain or punish a violation of ORS 646.608, the complaint tolls the statute of limitations with respect to every private right of action under this section that is based in whole or in part on any matter set forth in the prosecuting attorney�s complaint for the period of time in which the proceeding that the prosecuting attorney initiated is pending.

����� (7) Notwithstanding subsection (6) of this section, in any action that a seller or lessor brings against a purchaser or lessee of real estate, goods or services, the purchaser or lessee may assert any counterclaim that the purchaser or lessee has arising out of a violation of ORS 336.184 and 646.605 to 646.652.

����� (8) A class action may be maintained under this section. In any class action under this section:

����� (a) Statutory damages under subsection (1) of this section may be recovered on behalf of class members only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method, act or practice declared unlawful by ORS 646.608;

����� (b) The trier of fact may award punitive damages; and

����� (c) The court may award appropriate equitable relief.

����� (9) This section does not apply to:

����� (a) Any method, act or practice described in ORS 646.608 (1)(aa). Actions for violation of laws relating to odometers are provided under ORS 815.410 and 815.415.

����� (b) A violation of ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2). [1971 c.744 �13; 1973 c.235 �5; 1975 c.437 �4; 1977 c.195 �9; 1981 c.897 �78; 1985 c.251 �10b; 1995 c.696 �35; 2001 c.917 �3; 2001 c.924 ��16,18; 2005 c.42 ��3,4; 2009 c.327 �1; 2009 c.552 �6; 2013 c.304 �14]

����� 646.639 Unlawful collection practices. (1) As used in this section and ORS 646A.670:

����� (a) �Charged-off debt� means a debt that a creditor treats as a loss or expense and not as an asset.

����� (b) �Consumer� means a natural person who purchases or acquires property, services or credit for personal, family or household purposes.

����� (c) �Consumer transaction� means a transaction between a consumer and a person that sells, leases or provides property, services or credit to consumers.

����� (d) �Credit� means a right that a creditor grants to a consumer to defer payment of a debt, to incur a debt and defer payment of the debt, or to purchase or acquire property or services and defer payment for the property or services.

����� (e) �Creditor� means a person that, in the ordinary course of the person�s business, engages in consumer transactions that result in a consumer owing a debt to the person.

����� (f) �Debt� means an obligation or alleged obligation that arises out of a consumer transaction.

����� (g)(A) �Debt buyer� means a person that regularly engages in the business of purchasing charged-off debt for the purpose of collecting the charged-off debt or hiring another person to collect or bring legal action to collect the charged-off debt.

����� (B) �Debt buyer� does not include a person that acquires charged-off debt as an incidental part of acquiring a portfolio of debt that is predominantly not charged-off debt.

����� (h) �Debt collector� means a person that by direct or indirect action, conduct or practice collects or attempts to collect a debt owed, or alleged to be owed, to a creditor or debt buyer.

����� (i) �Debtor� means a consumer who owes or allegedly owes a debt, including a consumer who owes an amount that differs from the amount that a debt collector attempts to collect or that a debt buyer purchased or attempts to collect.

����� (j) �Legal action� means a lawsuit, mediation, arbitration or any other proceeding in any court, including a small claims court.

����� (k) �Original creditor� means the last entity that extended credit to a consumer to purchase goods or services, to lease goods or as a loan of moneys.

����� (L) �Person� means an individual, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity.

����� (2) A debt collector engages in an unlawful collection practice if the debt collector, while collecting or attempting to collect a debt, does any of the following:

����� (a) Uses or threatens to use force or violence to cause physical harm to a debtor or to the debtor�s family or property.

����� (b) Threatens arrest or criminal prosecution.

����� (c) Threatens to seize, attach or sell a debtor�s property if doing so requires a court order and the debt collector does not disclose that seizing, attaching or selling the debtor�s property requires prior court proceedings.

����� (d) Uses profane, obscene or abusive language in communicating with a debtor or the debtor�s family.

����� (e) Communicates with a debtor or any member of the debtor�s family repeatedly or continuously or at times known to be inconvenient to the debtor or any member of the debtor�s family and with intent to harass or annoy the debtor or any member of the debtor�s family.

����� (f) Communicates or threatens to communicate with a debtor�s employer concerning the nature or existence of the debt.

����� (g) Communicates without a debtor�s permission or threatens to communicate with the debtor at the debtor�s place of employment if the place of employment is other than the debtor�s residence, except that the debt collector may:

����� (A) Write to the debtor at the debtor�s place of employment if a home address is not reasonably available and if the envelope does not reveal that the communication is from a debt collector other than the person that provided the goods, services or credit from which the debt arose.

����� (B) Telephone a debtor�s place of employment without informing any other person of the nature of the call or identifying the caller as a debt collector but only if the debt collector in good faith has made an unsuccessful attempt to telephone the debtor at the debtor�s residence during the day or during the evening between the hours of 6 p.m. and 9 p.m. The debt collector may not contact the debtor at the debtor�s place of employment more frequently than once each business week and may not telephone the debtor at the debtor�s place of employment if the debtor notifies the debt collector not to telephone at the debtor�s place of employment or if the debt collector knows or has reason to know that the debtor�s employer prohibits the debtor from receiving such communication. For the purposes of this subparagraph, any language in any agreement, contract or instrument that creates or is evidence of the debt and that purports to authorize telephone calls at the debtor�s place of employment does not give permission to the debt collector to call the debtor at the debtor�s place of employment.

����� (h) Communicates with a debtor in writing without clearly identifying the name of the debt collector, the name of the person, if any, for whom the debt collector is attempting to collect the debt and the debt collector�s business address, on all initial communications. In subsequent communications involving multiple accounts, the debt collector may eliminate the name of the person, if any, for whom the debt collector is attempting to collect the debt and substitute the term �various� in place of the person�s name.

����� (i) Communicates with a debtor orally without disclosing to the debtor, within 30 seconds after beginning the communication, the name of the individual who is initiating the communication and the true purpose of the communication.

����� (j) Conceals the true purpose of the communication so as to cause any expense to a debtor in the form of long distance telephone calls, telegram fees, additional charges for wireless communication or other charges the debtor might incur by using a medium of communication.

����� (k) Attempts or threatens to enforce a right or remedy while knowing or having reason to know that the right or remedy does not exist, or threatens to take any action that the debt collector in the regular course of business does not take.

����� (L) Uses any form of communication that simulates legal or judicial process or that appears to be authorized, issued or approved by a governmental agency, governmental official or an attorney at law if the corresponding governmental agency, governmental official or attorney at law has not in fact authorized or approved the communication.

����� (m) Represents that an existing debt may be increased by the addition of attorney fees, investigation fees or any other fees or charges if the fees or charges may not legally be added to the existing debt.

����� (n) Collects or attempts to collect, by any means, including through legal action, interest or other charges or fees that exceed the actual debt unless the agreement, contract or instrument that creates the debt expressly authorizes, or a law expressly allows, the interest or other charges or fees. A debt collector may not be held liable in any action brought under this paragraph if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. The fact that the debt collector obtains a judgment for less than the amount sought in the complaint, or fails to obtain a judgment at all, does not by itself constitute evidence of a violation of this paragraph.

����� (o) Threatens to assign or sell a debtor�s account and misrepresents or implies that the debtor would lose any defense to the debt or would be subjected to harsh, vindictive or abusive collection tactics.

����� (p) Uses the seal or letterhead of a public official or a public agency, as those terms are defined in ORS 171.725.

����� (q) Collects or attempts to collect any debt that the debt collector knows, or after exercising reasonable diligence would know, arises from medical expenses that qualify for reimbursement under the Oregon Health Plan or under Medicaid, except that:

����� (A) The debt collector does not engage in an unlawful collection practice if the debt collector can produce an affidavit or certificate from the original creditor that shows that the original creditor complied with Oregon Health Authority rules barring payments for services that Medicaid fee-for-service plans or contracted health care plans cover; and

����� (B) For purposes of this paragraph, a prepaid managed care health services organization, a coordinated care organization or a public body, as defined in ORS 174.109, or an agent or assignee of the organization or public body, is not a debt collector if the organization or public body seeks to collect a debt that arises under ORS 416.540.

����� (r) Files a legal action to collect or files a legal action to attempt to collect a debt if the debt collector knows, or after exercising reasonable diligence would know, that an applicable statute of limitations bars the collection or the collection attempt.

����� (s) Collects or attempts to collect or threatens to collect a debt by any means, including through legal action, if the debt collector knows, or through the exercise of reasonable care should know, that the debt does not exist or is not owed by the debtor. A debt collector may not be held liable in any action brought under this paragraph if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. The fact that the debt collector obtains a judgment for less than the amount sought in the complaint or fails to obtain a judgment at all does not by itself establish a violation of this paragraph.

����� (t) Collects or attempts to collect a debt if the debt collector is a debt buyer, or is acting on a debt buyer�s behalf, and collects or attempts to collect purchased debt before providing to a debtor, within 30 days after the date of the debtor�s request, all of the documents listed in subsection (4)(b) of this section.

����� (u) Collects or attempts to collect a debt without complying with the requirements of ORS

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 646.935

646.935]

PRICE COMPARISON ADVERTISING

����� 646.881 Definitions for ORS 646.881 to 646.885. As used in ORS 646.881 to 646.885, unless the context requires otherwise:

����� (1) �Advertisement� means any oral, written or graphic statement or representation made in connection with the solicitation of business in any manner by a seller and includes, but is not limited to, statements and representations made in any newspaper or other publication, on radio or television, or printed in any catalog, circular, or any other sales literature or brochure, any billboard, or any banner or sign visible from a street or highway adjacent to the seller�s place of business.

����� (2) �Price comparison� means the direct or indirect comparison in any advertisement whether or not expressed wholly or in part in dollars, cents, fractions or percentages of a seller�s current price for a product with any other price or statement of value, whether or not such price is actually stated in the advertisement. �Price comparison� includes any price reduction claim or savings claim which a seller makes with respect to the seller�s current price for any product. [1987 c.626 �2]

����� 646.883 Price comparison in advertisement prohibited; exceptions. It shall be unlawful for a seller to include a price comparison in an advertisement unless:

����� (1) The seller clearly and conspicuously identifies in the advertisement the origin of the price that the seller is comparing to the seller�s current price. The origin of the price that the seller is comparing to the seller�s current price includes but is not limited to the seller�s former selling price, a manufacturer�s list price or a competitor�s price for the same real estate, goods or services.

����� (2) The price comparison is in compliance with ORS 646.608 (1)(j) and the rules adopted under ORS 646.608 (4) and compliance is established based on facts provable by the seller. [1987 c.626 �3]

����� 646.885 Use of terms in advertisement containing price comparison. (1) The use of terms such as �regular,� �reduced,� �sale,� �usually,� �originally,� �clearance,� �liquidation� and �formerly� shall identify the origin of the price that the seller is comparing to the seller�s current price as the seller�s own former price, or in the case of introductory advertisements, the seller�s future price.

����� (2) Unless the seller states otherwise in the advertisement, use of terms such as �discount,� �_ percent discount,� �$ discount,� �__ percent off� and �$_____ off� shall be considered to identify the origin of the price that the seller is comparing to the seller�s current price as the seller�s former price, or in the case of introductory advertisements, the seller�s future price. [1987 c.626 �4]

����� 646.886 [2003 c.290 �1; renumbered

ORS 646.990

646.990���� Penalties

PRICE DISCRIMINATION IN COMMERCE AND FOOD COMMERCE

����� 646.010 Designation and scope of ORS 646.010 to 646.180. ORS 646.010 to 646.180 shall be known and designated as the Anti-price Discrimination Law; and the inhibitions against discrimination in those sections shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby discrimination is, in substance or fact, effected in violation of the spirit and intent of ORS 646.010 to 646.180.

����� 646.020 Definitions and explanations. (1) When used in ORS 646.010 to 646.180, unless the context otherwise requires:

����� (a) �Commerce� means trade or commerce within this state, exclusive of food commerce.

����� (b) �Food commerce� means trade or commerce within this state in articles of food for human consumption and such other articles as usually are sold in food stores in connection with articles of food for human consumption. In the case of persons selling items other than items of food commerce, the term �food commerce� is restricted solely to such items of food commerce as are defined in this paragraph.

����� (c) �Person� means individual, corporation, partnership, association, joint stock company, business trust or unincorporated organization.

����� (d) �Price� means the net price to the buyer after the deduction of all discounts, rebates, or other price concessions paid or allowed by the seller.

����� (e) �Replacement cost� means the cost per unit at the retail outlet at which the merchandise sold or offered for sale could have been bought by the seller at any time within 10 days prior to the date of sale or the date upon which it is offered for sale by the seller, if bought in the same quantities as the seller�s usual or customary purchase of such merchandise, after deducting all discounts, rebates or other price concessions.

����� (f) �Retailer in food commerce� means any person engaged in food commerce who sells directly to the consumer for use.

����� (g) �Wholesaler in food commerce� means any person engaged in food commerce other than a retailer or producer, manufacturer or processor.

����� (2) As used in ORS 646.010 to 646.180, �vendor� includes any person who performs work upon, renovates, alters or improves any personal property belonging to another person.

����� 646.030 Application to cooperative associations. ORS 646.010 to 646.180 shall not prevent a cooperative association from returning to its members, producers or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the association.

����� 646.040 Price discrimination prohibited; price differentials. (1) It is unlawful for any person engaged in commerce or food commerce, or both, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities, or services or output of a service trade, of like grade and quality or to discriminate in price between different sections, communities or cities or portions thereof or between different locations in sections, communities, cities or portions thereof in this state, where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them.

����� (2) Subsection (1) of this section does not prevent:

����� (a) Differentials which make only due allowance for differences in the cost of manufacture, sale or delivery, resulting from the differing methods or quantities in which the commodities are sold or delivered to purchasers.

����� (b) Persons engaged in selling goods, wares or merchandise, or service or output of a service trade, in commerce from selecting their own customers in bona fide transactions and not in restraint of trade.

����� (c) Price changes from time to time where in response to changing conditions affecting the market for or marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

����� 646.050 Establishing prima facie case of discrimination; justification of discrimination. Upon proof being made, in any suit or other proceeding in which any violation of ORS 646.010 to 646.180 is at issue, that there has been discrimination in price, or in services or facilities furnished, or in payment for services or facilities rendered or to be rendered, the burden of rebutting the prima facie case thus made by showing justification is upon the person charged with the violation; but this section does not prevent a seller rebutting the prima facie case so made by showing that the lower price of the seller, or the payment for or furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor or the services or facilities furnished by a competitor.

����� 646.060 Commissions and allowances. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, service, or output of a service trade, or merchandise. In all such transactions of sale and purchase, neither party to the transaction shall pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, to the other party to the transaction or to any agent, representative or other intermediary therein, where such agent, representative or other intermediary is acting for or in behalf of or is subject to the direct or indirect control of the other party to the transaction.

����� 646.070 Special payments to customers. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale or offering for sale of any products or commodities manufactured, service or output of a service trade, sold or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities, or service, or output of service trades.

����� 646.080 Special services to customers. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall discriminate in favor of one purchaser against another purchaser or purchasers of a commodity, or service, or output of a service trade, bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of any services or facilities connected with the processing, handling, sale or offering for sale of such commodity, or service, or output of a service trade, purchased upon terms not accorded to all purchasers on proportionally equal terms.

����� 646.090 Inducing or receiving price discrimination prohibited. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall knowingly induce or receive a discrimination in price which is prohibited by ORS 646.040 to

ORS 646A.514

646A.514 in 2007]

����� 646.510 [Repealed by 1953 c.391 �2]

PRODUCERS� COOPERATIVE BARGAINING ASSOCIATIONS

����� 646.515 Definitions for ORS 646.515 to 646.545. As used in ORS 646.515 to 646.545, unless the context requires otherwise:

����� (1) �Agricultural commodity� means any and all agricultural, horticultural, viticultural and vegetable products produced in this state, either in their natural state or as processed by a producer for the purpose of marketing such product, including bees and honey, but not including timber or timber products.

����� (2) �Cooperative bargaining association� means:

����� (a) An association of producers formed or operated pursuant to ORS chapter 62 with the purpose of group bargaining with respect to the sale of any agricultural commodity or Oregon seafood commodity.

����� (b) A fishermen�s marketing association or fishermen�s trade association organized under ORS chapter 62 or 65.

����� (3)(a) �Dealer� means, except as provided in paragraph (b) of this subsection, any person or agent of the person who purchases or contracts to purchase an agricultural commodity or Oregon seafood commodity from a producer or agent of the producer, for the purpose of packing, processing or marketing such commodity.

����� (b) �Dealer� does not include any organization operating as an agricultural cooperative or Oregon seafood harvester cooperative.

����� (4) �Oregon seafood commodity� means any food fish as defined in ORS 506.011 over which the State Fish and Wildlife Commission has jurisdiction.

����� (5) �Producer� means a person engaged in the business of producing agricultural commodities or harvesting Oregon seafood commodities. [1963 c.514 �1; 1997 c.296 �1; 1997 c.393 �1; 2003 c.487 �4]

����� 646.520 [Repealed by 1953 c.391 �2]

����� 646.525 Cooperative bargaining associations authorized. Producers shall have the right to join voluntarily and belong to cooperative bargaining associations. [1963 c.514 �2]

����� 646.530 [Repealed by 1953 c.391 �2]

����� 646.535 Unfair trade practices prohibited; exception. (1) A dealer may not knowingly engage in the following unfair trade practices:

����� (a) Interfere with, restrain, coerce or boycott a producer in the exercise of the rights guaranteed pursuant to ORS 646.525;

����� (b) Discriminate against a producer with respect to price or other terms of purchase of raw agricultural commodities or Oregon seafood commodities, by reason of the producer�s membership in or contract with cooperative bargaining associations; or

����� (c) Pay or loan money, or give any other thing of value to a producer as an inducement or reward for refusing to or ceasing to belong to a cooperative bargaining association.

����� (2) A blackberry dealer, perennial ryegrass seed, annual ryegrass seed or tall fescue seed dealer or Oregon seafood commodity dealer who participates in negotiating committee activities described in ORS 646.737, 646.738 or 646.739 does not violate subsection (1) of this section. [1963 c.514 �3; 1969 c.165 �1; 2001 c.142 �5; 2003 c.487 �5; 2005 c.290 �2; 2009 c.241 �4]

����� 646.540 [Repealed by 1953 c.391 �2]

����� 646.545 Remedy for unfair trade practices; attorney fees. (1) In addition to any other remedies provided by law, any producer injured by a violation of ORS 646.535 may maintain an action for damages sustained by such producer.

����� (2) The prevailing party in any action brought pursuant to subsection (1) of this section shall be allowed, in addition to the costs and disbursements otherwise prescribed by law, a reasonable sum for attorney fees at trial and on appeal for the prosecution or defense of such action. [1963 c.514 ��4,5; 1981 c.897 �76; 1995 c.658 �112]

����� 646.550 [Repealed by 1953 c.391 �2]

TELEPHONE SOLICITATION

(Registration of Telephonic Sellers)

����� 646.551 Definitions for ORS 646.551 to 646.557. As used in ORS 646.551 to 646.557:

����� (1)(a) �Business opportunity� means a commercial arrangement in which:

����� (A) A seller solicits a prospective purchaser to enter into a new business or to buy ancillary services within 60 days after entering into a new business;

����� (B) The prospective purchaser makes a payment or agrees to be obligated to make a payment required for the business or services; and

����� (C) The seller, expressly or by implication, and orally or in writing, represents that the seller or a designated person will:

����� (i) Provide an outlet, account or customers, by means of the Internet or otherwise, for the purchaser�s goods or services; or

����� (ii) Buy back goods or services that the purchaser makes, produces, fabricates, grows, breeds, modifies or provides, including but not limited to paying for services such as stuffing envelopes at the purchaser�s residence.

����� (b) �Business opportunity� does not include:

����� (A) A sale of all or substantially all of the assets of an ongoing business if the owner of the business intends to sell and sells the assets as one opportunity;

����� (B) A sale of sales demonstration equipment, materials or samples for a total price of $500 or less and not for profit; or

����� (C) A sale of a franchise, as defined 16 C.F.R. 436.1, unless the franchise is exempted from the definition because:

����� (i) The total of the required payments the franchisee pays or commits to pay to a franchisor or an affiliate is less than $500 at any time before or within six months after the purchaser begins business as a franchisee; or

����� (ii) No written document exists that describes any material term or aspect of the franchise arrangement.

����� (2) �Telephone solicitation� means telephonic contact made under any of the following circumstances:

����� (a) A person has telephonic contact with a prospective purchaser and solicits the prospective purchaser to purchase a business opportunity;

����� (b) A person initiates telephonic contact with a prospective purchaser and represents or implies any of the following:

����� (A) That a prospective purchaser who buys a unit of a good or service will receive additional units, whether or not of the same type as the purchaser bought, without further cost. As used in this subparagraph, �further cost� does not include actual postage or common carrier delivery charges, if any.

����� (B) That a prospective purchaser will receive a prize or gift if the prospective purchaser does either of the following:

����� (i) Purchases or rents goods or services; or

����� (ii) Pays any money including, but not limited to, a delivery or handling charge.

����� (C) That a prospective purchaser who buys goods or services because of some unusual event or imminent price increase will be able to buy the goods or services at prices that are below the prices that usually are charged, or the prices that will be charged in the future, for the goods or services.

����� (D) That the seller is a person other than the actual seller.

����� (E) That goods or services are manufactured or supplied by a person other than the actual manufacturer or supplier.

����� (F) That the goods that the person is selling are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones or any interest in oil, gas or mineral fields, wells or exploration sites; or

����� (c) The person makes the telephonic contact in response to inquiries from prospective purchasers prompted by advertisements on behalf of the person, and the person conducts a solicitation as described in paragraph (b) of this subsection.

����� (3)(a) �Telephonic seller� means a person who, on the person�s own behalf, or on behalf of another person, causes or attempts a telephone solicitation.

����� (b) �Telephonic seller� does not include any of the following:

����� (A) A person that sells a security as defined in ORS 59.015, or securities that are exempt under ORS 59.025.

����� (B) A person that is licensed pursuant to ORS chapter 696 if the solicited transaction is governed under ORS chapter 696.

����� (C) A person that is licensed pursuant to ORS 701.021 if the solicited transaction is governed under ORS chapter 701.

����� (D) A person that is licensed pursuant to ORS chapter 744 if the solicited transaction is governed under the Insurance Code.

����� (E) A person that solicits the sale of a franchise if the solicited transaction is governed under ORS 650.005 to 650.100.

����� (F) A person that primarily solicits a subscription to or advertising in a newspaper of general circulation.

����� (G) A person that primarily solicits a subscription to a magazine or periodical, or a sale of a contractual plan, including a book or record club:

����� (i) Under which the seller provides the means by which the consumer may instruct the seller not to ship the offered merchandise, and which is regulated by the Federal Trade Commission trade regulation concerning �Use of Negative Option Plans by Sellers in Commerce�; or

����� (ii) Using arrangements such as continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis.

����� (H) A person that solicits business from prospective purchasers who have previously purchased from the business enterprise for which the person is calling, unless the person solicits a business opportunity.

����� (I) A person that solicits without the intent to complete and who does not complete a sales presentation during the telephone solicitation and who only completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser, unless at the later meeting the solicitor collects or attempts to collect payment to deliver items purchased.

����� (J) Any supervised financial institution or parent, subsidiary, or affiliate of a supervised financial institution. As used in this subparagraph, �supervised financial institution� means any financial institution or trust company, as those terms are defined in ORS 706.008, or any personal property broker, consumer finance lender, commercial finance lender or insurer that is subject to regulation by an official or agency of this state or the United States.

����� (K) A person that solicits the sale of funeral or burial services regulated by ORS chapter 692.

����� (L) A person that solicits the sale of services that a cable television system provides under authority of a franchise or permit issued by a governmental agency of this state or a subdivision of a governmental agency of this state.

����� (M) A person or affiliate of a person whose business is regulated by the Public Utility Commission, or a telecommunications utility with access lines of 15,000 or less or a cooperative telephone association.

����� (N) A person that solicits the sale of a farm product, as defined in ORS 79A.1020, if the solicitation does not result in a sale that costs the purchaser more than $100.

����� (O) An issuer or a subsidiary of an issuer that has a class of securities that is subject to section 12 of the Securities Exchange Act of 1934 and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) of subsection (g) of that section.

����� (P) A person that solicits exclusively the sale of telephone answering services that the person or the person�s employer provides.

����� (Q) A person registered under the Charitable Solicitations Act. [1989 c.622 �2; 1997 c.249 �196; 1997 c.631 �513; 1999 c.59 �188; 1999 c.402 �5; 2001 c.445 �177; 2007 c.661 �27; 2007 c.836 �47; 2015 c.199 �1]

����� 646.553 Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules. (1) A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to the conduct of such business. A telephonic seller is required to register in the name under which the telephonic seller conducts business. Individual employees of the telephonic seller are not required to register. A telephonic seller is conducting business in this state if telephone solicitations of prospective purchasers are made from locations in this state or solicitation is made of prospective purchasers located in this state.

����� (2) A registration shall be effective for one year from the date of filing with the Department of Justice. Each application for registration, or renewal thereof, shall be accompanied by a fee of $400.

����� (3) The Department of Justice shall send to each registrant a certificate or other appropriate document demonstrating registration compliance, which shall be posted at the telephonic seller�s principal business location.

����� (4) Each application for registration shall be in writing and shall contain such information regarding the conduct of the telephonic seller�s business and the personnel conducting the business and shall be submitted in such form and manner as the Department of Justice may prescribe.

����� (5) At the time of submission of a registration application, each telephonic seller shall file with the Attorney General an irrevocable consent appointing the Attorney General to act as the telephonic seller�s attorney to receive service of process in any action, suit or proceeding against the telephonic seller or the telephonic seller�s successor in interest which may arise under ORS 336.184 and

ORS 648.992

648.992���� Penalty for signing false document

����� 648.005 Definitions. As used in this chapter:

����� (1)(a) �Assumed business name� means one or more words or numerals, or a combination of words and numerals, that a person uses to identify a business that the person carries on, conducts or transacts, if at the time and place that the person carries on, conducts or transacts the business, the person does not conspicuously disclose the real and true name of each person that is carrying on, conducting or transacting the business.

����� (b) �Assumed business name� includes a name that a person uses to identify a business that incorporates a word or phrase that suggests the existence of additional owners, such as �Company,� �& Company,� �& Daughters,� �& Associates,� or a similar word or phrase, unless the name is the real and true name of the person that carries on, conducts or transacts the business.

����� (2) �Business� means activity carried on, conducted or transacted by or on behalf of nonprofit, social, fraternal and charitable entities and unincorporated associations, or for commercial gain.

����� (3) �Carry on, conduct or transact business� means:

����� (a) To sell, purchase or lease real estate, goods, intangible property or services from or to another person;

����� (b) To solicit an investment in or a donation to a business;

����� (c) To knowingly permit another person to solicit an investment in or a donation to a business in which a person has an interest; or

����� (d) To apply for an extension of credit.

����� (4) �Entity� means a foreign or domestic corporation, foreign or domestic nonprofit corporation, foreign or domestic profit or nonprofit unincorporated association, foreign or domestic business trust, foreign or domestic limited partnership, foreign or domestic general partnership, foreign or domestic limited liability company, two or more persons that have a joint or common economic interest, a state, the United States, a federally recognized Native American or American Indian tribal government or a foreign government.

����� (5) �Person� means an individual or an entity.

����� (6) �Real and true name� means:

����� (a) The surname of an individual coupled with a combination of the individual�s given names or initials;

����� (b) The corporate name of a domestic corporation stated in the articles of incorporation or amendment filed with the office of the Secretary of State or the corporate name of a foreign corporation as stated under ORS 60.707 (1);

����� (c) The name of a foreign or domestic limited partnership stated in the documents filed with the office of the Secretary of State under ORS chapter 70;

����� (d) The name of a foreign or domestic limited liability company stated in the documents filed with the office of the Secretary of State under ORS chapter 63;

����� (e) The name of a foreign or domestic nonprofit corporation stated in the documents filed with the office of the Secretary of State under ORS chapter 65;

����� (f) The name of a foreign or domestic general partnership stated in the documents filed with the office of the Secretary of State under this chapter; or

����� (g) The name of a foreign or domestic business trust or estate stated in the documents filed with the office of the Secretary of State.

����� (7) �Registrant� means a person for which the Secretary of State has registered an application filed under ORS 648.012.

����� (8) �Service mark� has the meaning given in ORS 647.005. [1963 c.551 �1; 1967 c.269 �5; 1971 c.194 �1; 1971 c.594 �35; 1985 c.677 �66a; 1985 c.728 �90; 1987 c.94 �105; 1995 c.454 �3; 2009 c.14 �6; 2009 c.294 �19; 2011 c.147 �28]

����� 648.007 Requirement to register assumed business name and service mark; exceptions. (1) No person shall carry on, conduct or transact business under an assumed business name in a county where the business is located, where a physical facility of the business is located or where an employee of the business is stationed, unless the person has registered the assumed business name as provided in this chapter and maintains a current registration.

����� (2) A person shall register a service mark as an assumed business name if the person carries on, conducts or transacts business under the service mark and the person does not disclose conspicuously the person�s real and true name at the time and place that the person carries on, conducts or transacts business.

����� (3) ORS 648.010 and subsection (1) of this section do not apply to:

����� (a) A foreign corporation that applied for and was issued a certificate of authority prior to September 20, 1985, and that carries on, conducts or transacts business in this state exclusively under the name that it stated in its application that it elects to use in this state, as shown on the records of the Office of the Secretary of State.

����� (b) A partnership which uses the surname of all or some of the partners all of whom are licensed by a common licensure board or commission.

����� (c) A mutual and voluntary association composed of 10 or more farmers and landowners formed for the purpose of constructing, owning and operating reservoirs, irrigation ditches and irrigation works. The secretary of each association shall maintain a complete and current record of the association�s members, and shall furnish a copy of the record upon request.

����� (4) Nothing in this chapter shall preclude a person from registering more than one assumed business name. [1985 c.728 �92]

����� 648.008 Optional registration of real and true name. (1) Notwithstanding any provision of this chapter, a person that will carry on, conduct or transact business under the real and true name of the person may apply for registration of the real and true name with the Office of the Secretary of State.

����� (2) An application for registration of a real and true name shall be treated in the same manner as an application to register an assumed business name under this chapter. If a real and true name is registered under this chapter, all provisions of this chapter applicable to an assumed business name shall also apply to a real and true name. [1995 c.454 �2]

����� 648.010 Registration of assumed business name; contents of application; designation of representative; effect. (1) Each person who will carry on, conduct or transact business under an assumed business name shall sign an application to register the assumed business name and shall submit the application to the Office of the Secretary of State, with the fee prescribed by this chapter. All of the persons who will carry on, conduct or transact a single business under an assumed business name shall file a consolidated application to register the assumed business name.

����� (2) The application shall state:

����� (a) The assumed business name to be registered. The applicant shall write the assumed business name in the alphabet used to write the English language. The assumed business name may include numerals and incidental punctuation.

����� (b) The real and true name and street address of each person who intends to carry on, conduct or transact business under the assumed business name.

����� (c) The principal address at which the applicant intends to carry on, conduct or transact business and a listing of each county in which the applicant intends to carry on, conduct or transact business to the extent that ORS 648.007 would require the applicant to register the assumed business name for that county.

����� (d) The name and the mailing address of the person whom the applicant authorizes to represent the applicant in transactions with the Office of the Secretary of State with respect to the registration. All of the registrants of an assumed business name for a single business shall designate the same person under this subsection.

����� (e) The applicant�s primary business activity.

����� (f) Any other information that the Secretary of State by rule may require.

����� (3) The person named in the application to be authorized to represent the applicant is authorized to receive notices under this chapter and to perform any duty that this chapter requires of the registrant of the assumed business name, but is not by the application or registration made the registrant�s agent for the service of process. [Amended by 1961 c.355 �1; 1963 c.551 �2; 1969 c.154 �1; 1971 c.194 �2; 1985 c.728 �94; 1987 c.843 �21; 1995 c.454 �4; 2007 c.186 �18]

����� 648.012 Registration duty of Secretary of State. (1) If an application delivered to the Office of the Secretary of State for filing satisfies the requirements of ORS 648.010, the Secretary of State shall register it.

����� (2) The Secretary of State registers an application by indicating thereon that it has been filed by the Secretary of State and the date of registration.

����� (3) If the Secretary of State refuses to register an assumed business name, the Secretary of State shall return the application to the applicant within 10 business days after the application was delivered together with a brief written explanation of the reason for the refusal.

����� (4) The duty of the Secretary of State to register assumed business names 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 application delivered to the Office of the Secretary of State. The Secretary of State�s registering or refusing to register an assumed business name does not:

����� (a) Affect the validity or invalidity of the application in whole or part; or

����� (b) Relate to the correctness or incorrectness of information contained in the application.

����� (5) The Secretary of State�s refusal to register an assumed business name does not create a presumption that the application is invalid or that information contained in the application is incorrect. [1995 c.454 �13]

����� 648.014 Forms; rules. (1) Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter.

����� (2) The Secretary of State may by rule require the use of the forms. [1995 c.454 �14]

����� 648.015 [1963 c.551 �7; 1967 c.233 �3; 1969 c.154 �2; 1971 c.318 �13; 1981 c.633 �74; repealed by 1985 c.728 �110]

����� 648.017 Renewal of registration; fee; contents of application; rules; effect of failure to renew; notice. (1) A registrant must apply to renew a registration of an assumed business name within 30 days before the second anniversary of the date that the Secretary of State registered the assumed business name and each second anniversary thereafter. The registrant must apply to the Office of the Secretary of State for renewal of the registration and submit with the renewal a renewal fee. The application for renewal must include all identifying information required by rule of the Secretary of State. Failure to apply for renewal and pay the required fee is grounds for administrative cancellation of the registration.

����� (2) Not less than 30 days before the application for renewal is due, the Secretary of State shall notify each authorized representative of the requirement to apply for renewal. The notice shall indicate the date by which the renewal application must be submitted, and shall include the renewal application. The notice shall state that if the registrant fails to submit the renewal application and renewal fee on or before the renewal deadline, the registration of the assumed business name will be canceled without further notice.

����� (3) If the Secretary of State finds that the application for renewal conforms to the requirements of this section, and all fees have been paid, the Secretary of State shall renew the registration. [1969 c.154 �6; 1977 c.78 �6; 1981 c.633 �75; 1985 c.728 �98; 1987 c.94 �161]

����� 648.018 Reactivation of assumed business name; application; notification of denial; appeal. (1) A registrant, within five years after the date on which the Secretary of State administratively canceled an assumed business name under ORS 648.017, may apply to the Secretary of State to reactivate the assumed business name. The application must comply with the requirements set forth in ORS 648.010.

����� (2) The application must:

����� (a) State the assumed business name and the date on which the Secretary of State administratively canceled the registration for the assumed business name; and

����� (b) State that the grounds for the cancellation do not exist or have been eliminated.

����� (3) The registrant or an authorized representative of the registrant shall sign and deliver the application described in subsection (1) of this section to the office of the Secretary of State for filing.

����� (4) If the Secretary of State determines that the application described in subsection (1) of this section contains the information required under subsection (2) of this section, that the information is correct, that the application otherwise complies with the requirements of ORS 648.010 and that the registrant has paid all fees and charges due since the date of cancellation, the Secretary of State shall reactivate the assumed business name. The reactivation is effective when the Secretary of State files the application.

����� (5) If the Secretary of State denies a registrant�s application for reactivation under this section, the Secretary of State shall notify the registrant in writing and explain the reason for the denial.

����� (6) A registrant may appeal the Secretary of State�s decision to deny an application the registrant submitted under this section. The registrant�s appeal is subject to the provisions of ORS chapter 183. [2011 c.147 �31]

����� 648.020 [Repealed by 1963 c.551 �21]

����� 648.025 Amendment of registration; application; statement of withdrawal, incapacity or death; designation of representative. (1)(a) A registrant or an authorized representative of the registrant may at any time deliver to the Secretary of State for filing an application to amend an assumed business name that is registered under this chapter. The application must conform to the requirements set forth in ORS 648.010.

����� (b) A registrant or an authorized representative of the registrant shall deliver an application to amend an assumed business name to the office of the Secretary of State for filing within 60 days after any of the following occurs:

����� (A) The identity, name or address of a person that carries on, conducts or transacts the business for which the assumed business name is registered changes;

����� (B) The identity, name or address of the person authorized to represent the registrant or registrants changes;

����� (C) The registrant commences to carry on, conduct or transact business under the assumed business name in a county or counties other than the county or counties where the registrant�s application stated that the registrant intended to carry on, conduct or transact business under the assumed business name; or

����� (D) The address of the principal place of business changes.

����� (2) Except as provided in this subsection, the application required by subsection (1) of this section must be signed by the registrant, if the registrant is an individual, by the officer of a foreign or domestic corporation who is authorized to sign, if the registrant is a foreign or domestic corporation, by a general partner of a foreign or domestic limited partnership, if the registrant is a foreign or domestic limited partnership, by a manager of a foreign or domestic limited liability company, or by a member of a foreign or domestic member-managed limited liability company, if the registrant is a foreign or domestic limited liability company, or by a trustee of a foreign or domestic business trust, if the registrant is a foreign or domestic business trust. The authorized representative, instead of the registrant or registrants, may sign an application required under subsection (1) of this section if:

����� (a) The address of a person under subsection (1)(b)(A) or (B) of this section changes.

����� (b) A county is added or deleted under subsection (1)(b)(C) of this section.

����� (c) The address of the principal place of business under subsection (1)(b)(D) of this section changes.

����� (3) If a person who has an interest in a business with a registered assumed business name withdraws from the business, becomes incapacitated or dies, the person who withdraws, or in case of the person�s incapacity or death, the legal representative of the person, or the authorized representative, shall submit to the office of the Secretary of State a statement of the withdrawal, incapacity or death.

����� (4) Amending the registration of an assumed business name supersedes the original registration of the assumed business name on all matters amended but does not renew the registration as required under ORS 648.017.

����� (5) The Secretary of State may designate a new authorized representative by rule if the authorized representative withdraws and a new authorized representative is not appointed within the time period prescribed in this section. [1963 c.551 �6; 1969 c.154 �3; 1981 c.633 �76; 1985 c.728 �99; 1987 c.94 �162; 1995 c.454 �6; 2011 c.147 �29]

����� 648.029 Alteration of registration to reflect corporate structure change. Where a domestic corporation is the registrant of an assumed business name and the corporation merges or amends its articles of incorporation to change its corporate name or a foreign corporation procures an amended certificate of authority, the Secretary of State may alter the assumed business name registration to indicate the surviving or changed corporate name. [1969 c.154 �8; 1995 c.454 �7]

����� Note: 648.029 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 648 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 648.030 [Repealed by 1963 c.551 �21]

����� 648.035 [1963 c.551 �5; 1967 c.233 �1; repealed by 1969 c.154 �10]

����� 648.040 [Repealed by 1963 c.551 �21]

����� 648.045 [1963 c.551 �4; repealed by 1981 c.633 �83]

����� 648.050 [Amended by 1955 c.661 �1; 1963 c.551 �8; 1969 c.154 �4; repealed by 1985 c.728 �110]

����� 648.051 When registration refused; affidavit of applicant; registration effective until canceled. (1) Subject to subsection (2) of this section, the Secretary of State shall register the assumed business name contained in the application.

����� (2) The Secretary of State shall not register the assumed business name if the Secretary of State determines that the assumed business name is not distinguishable on the records of the Office of the Secretary of State from another assumed business name or from the name of a person, including a reserved name or registered name of active record with the Office of the Secretary of State except as provided in subsection (3) of this section.

����� (3) The Secretary of State shall register an assumed business name if the applicant submits for filing an affidavit that the applicant has a right to use the assumed business name in the county or counties stated in the application for the character of business that the applicant will carry on, conduct or transact under the assumed business name. The affidavit shall state:

����� (a) That the affiant has been advised of the penalties for false swearing;

����� (b) The facts upon which the affidavit is based and that the affiant swears to the existence of the facts from the affiant�s own knowledge; and

����� (c) That the affiant believes that the facts stated are sufficient to establish either:

����� (A) That prior use of the name by the applicant or by the licensor of the applicant has vested in the applicant a right to use the assumed business name for the character of business stated in the application in the county or counties listed in the application; or

����� (B) That the character of business that the applicant intends to carry on, conduct or transact under the assumed business name will not so resemble the character of business, if any, that the person who filed, reserved or registered the assumed business name or the name of the person identified under subsection (2) of this section conducts under the name in the county or any of the counties listed in the application as to be likely to cause confusion or mistake or to deceive.

����� (4) The registration of an assumed business name remains in effect until canceled. [1985 c.728 �96; 1995 c.454 �8]

����� 648.055 Cancellation of registration upon dissolution or when corporate authority withdrawn or revoked. (1) If the only registrant of an assumed business name is a domestic corporation that has been dissolved, the Secretary of State may cancel the registration.

����� (2) If the only registrant of an assumed business name is a foreign corporation whose authority to transact business in this state has been withdrawn or revoked, the Secretary of State may cancel the registration. [1969 c.154 �7; 1987 c.94 �165; 2005 c.22 �452]

����� 648.057 Cancellation of registration upon termination of business; signature of registrant; delivery. (1) An assumed business name must be canceled not later than the 60th day after the registrant or registrants of the assumed business name cease doing business under that name.

����� (2) The application required by subsection (1) of this section shall be signed by the registrant or registrants of the assumed business name or by the authorized representative of the registrant or registrants and shall be delivered to the Office of the Secretary of State for filing. [1987 c.94 �164]

����� 648.060 [Amended by 1963 c.551 �9; repealed by 1967 c.152 �1 (648.061 enacted in lieu of 648.060)]

����� 648.061 Consent of nonresident persons to service of process. Any of the persons not domiciled within this state or foreign persons not authorized to do business within this state who appear as persons who will carry on, conduct or transact business under an assumed business name in an application for registration filed under ORS 648.010 shall be deemed to have appointed the Secretary of State as agent upon whom may be served at any time any process, notice or demand required or permitted by law to be served upon them. [1967 c.152 �2 (enacted in lieu of

ORS 649.080

649.080, 649.990 and 661.210 to 661.280, including the authority to promulgate rules governing the procedure and form for submitting documents to be filed by the Secretary of State and the procedure and form for filing and retaining the documents and any other records required to be kept. [1985 c.728 �5; 1987 c.414 �57; 1995 c.215 �3; 1995 c.689 �36; 1997 c.775 �88; 1999 c.652 �3]

����� 56.023 Approval of name of entity by Director of Department of Consumer and Business Services required in certain business registry filings; exception. (1) If a person seeks to make a business registry filing of a name with the Secretary of State under ORS chapter 58, 60, 62, 63, 65, 67, 70, 554 or 648 or ORS 128.560 to 128.600 that contains the word or words �banc,� �bancorp,� �bank,� �banker,� �banking,� �savings,� �safe deposit,� �trust,� �trustee,� �building and loan� or their equivalents in a language other than English, or a similar word or words in English or an equivalent in a language other than English, implying a business primarily engaged in the lending of money, underwriting or sale of financial products, acting as a depository institution, acting as a financial planner, financial adviser or acting as a loan broker, the Secretary of State may not accept the name for filing without first receiving specific written approval from the Director of the Department of Consumer and Business Services under the provisions of ORS 705.635.

����� (2) The provisions of subsection (1) of this section do not apply if the Secretary of State is satisfied that the name at issue is in a context clearly not purporting to refer to a banking or other financial activity or not likely to mislead the public about the nature of the business or lead to a pattern and practice of abuse that might cause harm to the interests of the public or the State of Oregon as determined by the Secretary of State. [2001 c.315 �42]

����� 56.025 Designation of persons to sign papers. The Secretary of State may designate one or more of the clerks, deputies or assistants of the Secretary of State, in the name of the Secretary of State, to sign or countersign papers, documents, orders and certificates requiring the signature of the Secretary of State. Any paper, document, order or certificate signed in the name of the Secretary of State by the designated clerk, deputy or assistant shall have the same force and effect as if signed by the Secretary of State. [1959 c.173 �1]

����� 56.030 [Amended by 1961 c.280 �5; repealed by 1963 c.580 �103]

����� 56.035 Documents filed with Secretary of State; verification. (1) If a document is required by law to be verified before being submitted for filing with the Secretary of State, the document must include or be accompanied by a written declaration that the person who executes the document prepares under penalties of perjury to the effect that the person has examined the document and to the best of the person�s knowledge and belief the document is true, correct and complete. An acknowledgment before a notary public or other officer is not required.

����� (2) Before filing a document that a person submits for filing, the Secretary of State may verify that, as listed in the document, a business entity�s principal office, records office address, as described in ORS 70.020, or principal address, as described in ORS 648.010, is a physical street address and is not a mail forwarding service, virtual office or commercial mail receiving agency, except that the Secretary of State may accept a commercial mail receiving agency as a business entity�s principal office, records office address or principal address if the physical street address of the business entity�s principal executive offices is the same as the physical street address of the commercial mail receiving agency. The Secretary of State shall verify that the address of a registered agent listed in a document submitted for filing is a physical street address and is not a mail forwarding service, virtual office or commercial mail receiving agency.

����� (3) The Secretary of State shall protect from public disclosure a business entity�s physical street address as provided in any document a person submits for filing under this section if:

����� (a) The physical street address of the business entity�s principal office, records office address or principal address is the same as the physical street address of a commercial mail receiving agency; and

����� (b) The person requests the Secretary of State to protect the business entity�s physical street address from public disclosure. [1971 c.200 �2; 2013 c.158 �17; 2017 c.705 �7; 2025 c.158 �1]

����� 56.037 Authority of Secretary of State to refuse to file documents. (1) The Secretary of State may refuse to file a document delivered for filing under ORS chapter 58, 60, 62, 63, 65, 67, 70, 79A, 87, 194, 305, 465, 466, 475, 554, 596, 634, 647, 648, 657 or 713 or under ORS 30.630, 81.248, 81.251 or 128.595 if the document contains a Social Security number, a state identification number, a driver license number, a credit or debit card number or an account number that is not redacted.

����� (2) For purposes of this section, �redacted� means altered or truncated so that not more than the last four digits of a number are accessible. [2007 c.186 �2]

����� 56.040 [Repealed by 1961 c.280 �2]

����� 56.041 Operating Account. (1) The Operating Account is established in the General Fund of the State Treasury.

����� (2) The net amount accruing to the Secretary of State from all fees, charges, interest, fines, penalties and miscellaneous revenues from all sources relating to business registry functions, and moneys received by the Secretary of State under ORS chapters 79A and 194 and ORS 81.230 to 81.263, 87.246, 87.767 and

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.