Oregon Land Surveying Licensing Law

Oregon Code · 240 sections

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

ORS 1.002

1.002.

����� (2) Consistent with applicable provisions of law and rules made thereunder:

����� (a) Supervise the personnel plan for officers, other than judges, and employees of the courts of this state who are state officers or employees.

����� (b) Prescribe the form and content and supervise the preparation of consolidated budgets, for submission to the Legislative Assembly, applicable to expenditures made and revenues received by the state in respect to the courts of this state.

����� (c) Supervise an accounting system for the recording, monitoring and auditing of expenditures made and revenues received by the state in respect to the courts of this state.

����� (d) Establish and maintain inventory records of property of the state in the custody or control of the courts of this state or any judge, other officer or employee thereof.

����� (3) Conduct a continuing survey of the administrative methods and activities, records, business and facilities of the courts of this state and make recommendations to the Chief Justice based on the survey.

����� (4) Collect and compile statistical and other data relating to the courts of this state and municipal courts, including the caseload, workload, performance, status, management, expenses and revenues of those courts, and make reports on the business and condition of those courts.

����� (5) Establish and supervise a statewide public information service concerning the courts of this state.

����� (6) Establish and supervise education programs for judges, other officers and employees of the courts of this state and municipal courts pertinent to the performance of the functions of those judges, other officers and employees.

����� (7) Provide to the judges, other officers and employees of the courts of this state, to attorneys and to the public appropriate assistance services relating to the administration and management of the courts of this state.

����� (8) Prepare and maintain a continuing long-range plan for improvement and future needs of the courts of this state.

����� (9) Supervise and maintain the law libraries of the judicial department of government of this state, including the State of Oregon Law Library, and excluding county law libraries except as provided in ORS 9.825.

����� (10) Enter into contracts on behalf of the Judicial Department, including but not limited to financing agreements entered into pursuant to ORS 283.087.

����� (11) Prescribe minimum retention schedules and standards for all records of the state courts and the administrative offices of the state courts, including but not limited to minimum retention schedules and standards for registers, dockets, indexes, files, citations, notes, audio records, video records, stenographic records, exhibits, jury records and fiscal and administrative documents, whether maintained in paper, micrographic, electronic or other storage form. The State Court Administrator shall ensure that the minimum record retention schedules and standards prescribed under this subsection conform with policies and standards established by the State Archivist under ORS 192.105, 357.825 and

ORS 100.103

100.103;

����� (d) State that there are no encumbrances against the fee title interest securing payment of moneys except for the assessments of the owners association that are not yet due;

����� (e) Be approved by at least 75 percent of the unit owners, notwithstanding that the declaration may require approval by a larger percentage of owners or the consent of another person to amend the declaration;

����� (f) Be executed by the fee title holder and the association and acknowledged;

����� (g) Be certified by the association as being adopted in accordance with this section;

����� (h) Be approved as required by ORS 100.110; and

����� (i) Be recorded in the office of the recording officer of each county in which the condominium is located.

����� (3) At the time of submission, the fee title interest being submitted may not be subject to an encumbrance securing payment of money except for the assessments of an association that are not yet due.

����� (4) Nothing in this section precludes the declarant of a leasehold condominium, the unit owners and the association from agreeing to other procedures for submitting the fee title interest to the provisions of this chapter, provided the procedures are set forth in:

����� (a) The declaration; or

����� (b) An amendment to the declaration approved by at least 75 percent of the unit owners or, if a larger percentage is specified in the declaration to effect amendments to the declaration, the larger percentage, and 75 percent of the lenders holding a first-priority security position in any unit in the condominium. [2003 c.569 �43; 2007 c.410 �7; 2019 c.69 �38]

����� Note: 100.102 and 100.103 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.

����� 100.103 Effect of submission of leasehold condominium to unit ownership. (1) After an amendment submitting the fee title interest underlying a leasehold condominium has been recorded as provided in ORS 100.102:

����� (a) The leasehold or leaseholds affecting the fee title interest of the land underlying the condominium property must be converted to individual leaseholds of the units;

����� (b) The former owner of the underlying fee title interest of the condominium property shall become the holder of the fee title interest to all individual units and the lessor of the individual units. The individual unit owners of the leasehold condominium units shall become lessees of the fee title condominium units;

����� (c) Unless otherwise provided by the lease or agreed by the lessor and lessee of the fee title condominium units, the obligations to pay rent under the former lease must be allocated among all former leasehold units on the basis of the percentage ownership in the common elements of the condominium allocated to each unit;

����� (d) Liens against leasehold condominium units become liens on the lessee�s interest in the leased unit and have the same priority and rights against the leasehold of the individual unit in the fee title condominium formerly held against the leasehold condominium unit;

����� (e) The holder of the fee title to the unit in the fee condominium shall have the same priority and rights in the individual leasehold of the fee title condominium unit as was held under the leases prior to submission of the fee title interest; and

����� (f) The fee title interest is not subject to the liens suffered or incurred by the unit lessee, except for property taxes and condominium association assessment liens.

����� (2) The assessor shall assign all value of the fee simple interest to the fee title condominium units and allocate any additional value in accordance with the allocation of interest of each unit in the common elements.

����� (3) All easements, covenants, conditions and restrictions or other interests encumbering the fee title and the leasehold at the time of submission of the fee title to the provisions of this chapter continue and remain in full force, unaffected by the submission.

����� (4)(a) Options to purchase that were granted to unit owners or to the association prior to submission of the fee title interest to the provisions of this chapter pursuant to ORS 100.102 continue according to their terms, except that purchaser options must be segregated so that each option pertains to an individual unit only.

����� (b) Unless the purchase options provide otherwise, the purchase price must be allocated among the individual units on the basis of the percentage ownership interest in the common elements pertaining to individual units.

����� (c) Except for segregating the former leasehold into individual leaseholds in each of the units and reallocating lease payments among the units as provided in this section, the terms and provisions of the former lease are unaffected by submission of the fee title to the provisions of this chapter.

����� (d) Except for segregating the purchase options and allocating the purchase price, if not otherwise allocated by the terms of the purchase option, the terms and provisions of the purchase option are unaffected by submission of the fee title to the provisions of this chapter. [2003 c.569 �44]

����� Note: See note under 100.102.

����� 100.105 Contents of declaration; property name; variable property description. (1) A declaration must contain:

����� (a) A description of the property, including property on which a unit or a limited common element is located, whether held in fee simple, leasehold, easement or other interest or combination thereof, that is being submitted to the condominium form of ownership and that conforms to the description in the surveyor�s certificate provided under ORS 100.115 (1).

����� (b) Subject to subsection (11) of this section, a statement of the interest in the property being submitted to the condominium form of ownership, whether fee simple, leasehold, easement or other interest or combination thereof.

����� (c) Subject to subsections (5) and (6) of this section, the name by which the property is known and a general description of each unit and the building or buildings, including the number of stories and basements of each building, the total number of units and the principal materials of which they are constructed.

����� (d) The unit designation, a statement that the location of each unit is shown on the plat, a description of the boundaries and area in square feet of each unit and any other data necessary for proper identification. The area of a unit must be the same as shown for that unit on the plat described in ORS 100.115 (1).

����� (e) A notice in substantially the following form in at least 12-point type in all capitals or boldface:

NOTICE

����� THE SQUARE FOOTAGE AREAS STATED IN THIS DECLARATION AND THE PLAT ARE BASED ON THE BOUNDARIES OF THE UNITS AS DESCRIBED IN THIS DECLARATION AND MAY VARY FROM THE AREA OF UNITS CALCULATED FOR OTHER PURPOSES.

����� (f) A description of the general common elements.

����� (g) An allocation to each unit of an undivided interest in the common elements in accordance with ORS 100.515 and the method used to establish the allocation.

����� (h) The designation of any limited common elements including:

����� (A) A general statement of the nature of the limited common element;

����� (B) A statement of the unit to which the use of each limited common element is reserved, provided the statement is not a reference to an assignment of use specified on the plat; and

����� (C) The allocation of use of any limited common element appertaining to more than one unit.

����� (i) The method of determining liability for common expenses and right to common profits in accordance with ORS 100.530.

����� (j) The voting rights allocated to each unit in accordance with ORS 100.525 or, in the case of condominium units committed as property in a timeshare plan defined in ORS

ORS 100.135

100.135.

����� (8) The declaration amendment described in subsection (7) of this section must be executed, approved and recorded in accordance with ORS 100.110 and 100.135.

����� (9) Before the declaration amendment described in subsection (7) of this section may be recorded, it must be approved by the city or county surveyor as provided in ORS

ORS 100.410

100.410, 100.411, 100.413, 100.658 or 100.660 or any other provision of this chapter must include:

����� (a) Any form prescribed and furnished by the commissioner for submission of a specified document;

����� (b) The deposit fee required under ORS 100.670; and

����� (c) Any documents or information required for submission under subsections (2) to (6) of this section.

����� (2) For approval of a declaration and bylaws, the following must be submitted:

����� (a) The original executed declaration and the executed adopted bylaws of the condominium and a copy of the executed documents;

����� (b) A statement from the county assessor or county surveyor that the name of the condominium is acceptable under ORS 100.105;

����� (c) A copy of the full size plat executed by the declarant and prepared in conformance with ORS

ORS 100.415

100.415 and other provisions of this chapter;

����� (c) The plat complies with the requirements of ORS 100.115 or the plat amendment complies with ORS 100.116 and other provisions of this chapter;

����� (d) The declaration is for a conversion condominium and the declarant has submitted:

����� (A) An affidavit that the notice of conversion was given in accordance with ORS 100.305 and that the notice period has expired;

����� (B) An affidavit that the notice of conversion was given in accordance with ORS 100.305 and copies of the written consent of any tenants as provided in ORS 100.305 (6) or a signed statement that no tenants were entitled to notice under ORS 100.305; or

����� (C) Any applicable combination of the requirements of subparagraphs (A) and (B) of this paragraph;

����� (e) A copy of the plat executed by the declarant and prepared in conformance with ORS 100.115 or plat amendment prepared in conformance with ORS 100.116 is submitted;

����� (f) A certification of plat execution, on a form prescribed and furnished by the commissioner, is:

����� (A) Executed by the declarant, the professional land surveyor who signed the surveyor�s certificate on the plat, the attorney for the declarant, a representative of the title insurance company that issued the information required under 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 100.625

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

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

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

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

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

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

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

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

����� (B) Contain words of conveyance;

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

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

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

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

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

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

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

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

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

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

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

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

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

����� Note: 100.140 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

FLEXIBLE CONDOMINIUMS

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

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

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

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

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

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

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

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

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

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

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

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

ORS 105.161

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 105.465

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 105.980

105.980���� Xeriscaping

ACTIONS FOR RECOVERY OF REAL PROPERTY

����� 105.005 Right of action; recovery; damages. (1) Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of the property, with damages for withholding possession, by an action at law. The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possession of anyone, then against the person acting as the owner of the property.

����� (2) In an action brought under subsection (1) of this section or in a separate action for damages only, a person who, throughout the vesting period, used or occupied land of another with the honest and objectively reasonable belief that the person was the actual legal owner of the land shall not be liable for:

����� (a) Double or treble damages under ORS 105.810 (1) to (3) or 105.815; or

����� (b) The value of the use or occupation of the land by the person throughout the vesting period. [Amended by 1989 c.1069 �2; 1991 c.109 �1; 1999 c.544 �3]

����� 105.010 Contents of complaint. The plaintiff in the complaint shall set forth:

����� (1) The nature of the estate of the plaintiff in the property, whether it be in fee, for life, or for a term of years; including, when necessary, for whose life and the duration of the term.

����� (2) That the plaintiff is entitled to the possession thereof.

����� (3) That the defendant wrongfully withholds the property from the plaintiff to the damage of the plaintiff for such sum as is therein claimed.

����� (4) A description of the property with such certainty as to enable the possession thereof to be delivered if there is recovery.

����� 105.015 Answer. The defendant shall not be allowed to give in evidence any estate, license or right of possession in the property in the defendant or another, unless the same is pleaded in the answer. If pleaded, the nature and duration of the estate, license or right of possession shall be set forth with the certainty and particularity required in a complaint. If the defendant does not defend for the whole of the property, the defendant shall specify for what particular part the defendant does defend.

����� 105.020 Substitution of landlord for tenant. A defendant who is in actual possession may, for answer, plead that the defendant is in possession only as tenant of another; naming the landlord and the place of residence of the landlord. Thereupon the landlord, if the landlord applies therefor, shall be made defendant in place of the tenant and the action shall proceed in all respects as if originally commenced against the landlord. If the landlord does not apply to be made defendant within the day the tenant is allowed to answer, the landlord shall not be allowed to, but shall be made defendant if the plaintiff requires it. If the landlord is made defendant on motion of the plaintiff the landlord shall be required to appear and answer within 10 days from notice of the pendency of the action and the order making the landlord defendant, or such further notice as the court or judge thereof may prescribe.

����� 105.025 Verdict. The jury by their verdict shall find as follows:

����� (1) If the verdict is for the plaintiff, that the plaintiff is entitled to the possession of all or a part of the property described in the complaint, or that the plaintiff owns an undivided share or interest in all or a part of the property; including the nature and duration of the estate of the plaintiff in such property.

����� (2) If the verdict is for the defendant, that the plaintiff is not entitled to the possession of the property described in the complaint, or the part that the defendant defends, and the estate, license or right to possession in such property established on the trial by the defendant, if any, as the same is required to be pleaded.

����� 105.030 Damages for withholding; setoff for improvements. The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from the commencement to the time of giving a verdict, excluding the value of the use of permanent improvements made by the defendant. When permanent improvements have been made upon the property by the defendant, or those under whom the defendant claims, while holding under color of title in good faith and adverse to the claim of the plaintiff, the value of the improvements at the time of trial shall be allowed as a setoff against such damages.

����� 105.035 Judgment when plaintiff�s right to possession expires. If the right of the plaintiff to the possession of the property expires after the commencement of the action and before the trial, the verdict shall be given according to the fact and judgment shall be given only for the damages.

����� 105.040 Order to make survey. (1) The court or judge thereof may, on motion, and after notice to the adverse party, or cause shown, grant an order allowing the party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof for the purposes of the action.

����� (2) The order shall describe the property. A copy of the order shall be served upon the defendant, and thereupon the party may enter upon the property, and make the survey and admeasurement. If any unnecessary injury is done to the premises, the applying party is liable therefor.

����� 105.045 Action not prejudiced by alienation by person in possession. An action for the recovery of the possession of real property against a person in possession is not prejudiced by any alienation made by such person, either before or after the commencement of the action. If the alienation is made after the commencement of the action, and the defendant does not satisfy the judgment recovered for damages for withholding the possession, the damages may be recovered by action against the purchaser.

����� 105.050 Cotenant shall prove ouster. In an action by a tenant in common of real property against a cotenant, the plaintiff shall show, in addition to the evidence of right of possession, that the defendant either denied the plaintiff�s right or did some act amounting to a denial. [Amended by 1969 c.591 �281]

����� 105.055 Conclusiveness of judgment. (1) Except as provided in subsection (2) of this section, the judgment in an action to recover the possession of real property is conclusive as to the estate in the property and the right to the possession thereof, so far as the same is thereby determined, upon the party against whom the judgment is given, and against all persons claiming from, through or under such party, after the commencement of the action.

����� (2) When service of the summons is made by publication and judgment is given for want of an answer, at any time within two years from the entry thereof the defendant or the successor in interest of the defendant as to the whole or any part of the property, shall, upon application to the court or judge thereof, be entitled to an order vacating the judgment and granting the defendant a new trial upon the payment of the costs of the action.

����� (3) In an action against a tenant the judgment is conclusive against a landlord, who has been made defendant in place of the tenant, to the same extent as if the action had been originally commenced against the landlord.

����� 105.060 Effect of new trial on plaintiff�s possession. If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted as provided in ORS

ORS 149.030

149.030; 1981 c.300 �3]

����� 131.897 Authority to order repayment of reward as part of sentence. (1) In addition to any other sentence it may impose as a result of a criminal conviction, the court may order that a defendant reimburse to a person, organization, association or public body or officer, any sum or portion thereof offered and paid by the person, organization, association or public body or officer under ORS 131.885 to 131.895, as a reward for information leading to the apprehension of the defendant. Reimbursement under this section shall be ordered paid into the court, for further transfer by the clerk to the person, organization, association or public body or officer entitled to it.

����� (2) In determining whether to order reimbursement under this section, the court shall take into account:

����� (a) The financial resources of the defendant and the burden that reimbursement will impose, with due regard to the other obligations of the defendant; and

����� (b) The ability of the defendant to make reimbursement on an installment basis or on other conditions to be fixed by the court. [1981 c.300 �4; 1987 c.905 �13; 1993 c.543 �3; 1995 c.461 �2; 1999 c.217 �4; 2011 c.597 �121]

LIABILITY FOR MEDICAL EXPENSES OF CERTAIN PERSONS

����� 131.900 Liability for medical expenses for person restrained, detained or taken into custody. Except as otherwise provided by ORS 30.260 to 30.300, federal civil rights law or written agreement, the state, a county, a city, a law enforcement agency or local correctional facility thereof is not liable for charges or expenses for any medical services provided to an individual who is the object of efforts by a law enforcement officer to restrain or detain or take into custody. [1991 c.778 �8; 1993 c.196 �2]

LAW ENFORCEMENT CONTACTS POLICY AND DATA REVIEW COMMITTEE

����� 131.905 Legislative findings. The Legislative Assembly finds and declares that:

����� (1) Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that there are Oregonians who believe that some law enforcement officers have engaged in practices that inequitably and unlawfully discriminate against individuals solely on the basis of their race, color or national origin.

����� (2) State and local law enforcement agencies can perform their missions more effectively when all Oregonians have trust and confidence that law enforcement stops and other contacts with individuals are free from inequitable and unlawful discrimination based on race, color or national origin.

����� (3) Representatives of community interest groups and state and local law enforcement agencies agree that collecting certain demographic data about contacts between individuals and state or local law enforcement officers will provide a statistical foundation to ensure that future contacts are free from inequitable and unlawful discrimination based on race, color or national origin.

����� (4) Demographic data collection can establish a factual and quantifiable foundation for measuring progress in eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals, but data collection alone does not provide a sufficient basis for corrective action. Proper analysis of the demographic data and enactment of meaningful reforms in response to the results of that analysis require careful consideration of all relevant factors including the context of the community in which the data has been collected.

����� (5) It is the goal of this state that all law enforcement agencies perform their missions without inappropriate use of race, color or national origin as the basis for law enforcement actions. This goal may be achieved by providing assistance to state and local law enforcement agencies and the communities that they serve.

����� (6) This state shall foster, encourage and support the collection and analysis of demographic data by state and local law enforcement agencies. [2001 c.687 �5]

����� 131.906 Law Enforcement Contacts Policy and Data Review Committee; duties; report. (1) There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor.

����� (2) The purpose of the committee is to receive and analyze demographic data to ensure that law enforcement agencies perform their missions without inequitable or unlawful discrimination based on race, color or national origin.

����� (3) To achieve its purpose, the committee shall collect and analyze demographic data to:

����� (a) Provide information to assist communities and state and local law enforcement agencies in evaluating the policies, training and procedures of law enforcement agencies regarding the treatment of individuals during stops and other contacts with law enforcement;

����� (b) Inform state and local law enforcement agencies and communities about law enforcement practices; and

����� (c) Provide opportunities for communities and state and local law enforcement agencies to work together to increase public trust and confidence in law enforcement and to enhance the capacity of communities and law enforcement agencies to provide more effective public safety services.

����� (4) The committee shall:

����� (a) Solicit demographic data concerning law enforcement stops and other contacts between state and local law enforcement agencies and individuals;

����� (b) Publicize programs, procedures and policies from communities that have made progress toward eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals;

����� (c) Provide technical assistance, including refinement of the minimum data elements as necessary for effective analysis, to state and local law enforcement agencies that desire to begin collecting demographic data;

����� (d) Provide technical assistance to communities and state and local law enforcement agencies that desire to engage in local efforts to involve individuals in the establishment and implementation of programs, procedures and policies that will advance the goal of ORS 131.905;

����� (e) Obtain resources for independent analysis and interpretation of demographic data collected by state or local law enforcement agencies;

����� (f) Accept and analyze demographic data collected by a state or local law enforcement agency if requested by a state or local law enforcement agency and if resources are available; and

����� (g) Report to the public the results of analyses of demographic data.

����� (5) In carrying out its purpose, the committee may request and receive data files from participating law enforcement agencies and may analyze data for each reported contact. These data files should contain as many of the following items of information as are collected by the participating law enforcement agency:

����� (a) The reason for the law enforcement stop or other contact;

����� (b) The law enforcement officer�s perception of the race, color or national origin of the individual involved in the contact;

����� (c) The individual�s gender;

����� (d) The individual�s age;

����� (e) Whether a search was conducted in connection with the contact, and if so, what resulted from the search;

����� (f) The disposition of the law enforcement action, if any, resulting from the contact; and

����� (g) Additional data as recommended by the committee that state and local law enforcement agencies should collect and submit.

����� (6) Data received by the committee for analysis under this section may not identify a particular law enforcement officer or a particular individual whose demographic data is collected by a state or local law enforcement agency.

����� (7) The committee shall elect one of its members to serve as chairperson.

����� (8) Members of the committee who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the committee shall be paid out of funds appropriated to Portland State University for purposes of the committee.

����� (9) Portland State University shall provide administrative support staff necessary to the performance of the functions of the committee.

����� (10) All agencies of state government, as defined in ORS 174.111, are requested to assist the committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the committee consider necessary to perform their duties.

����� (11) The committee shall make findings and issue recommendations for action to achieve the purpose of this section. The committee shall submit a report containing its findings and recommendations to the appropriate interim legislative committees annually on or before December 1.

����� (12) After completion of the analysis of the data from at least two state or local law enforcement agencies, the committee may recommend the collection of additional data elements.

����� (13) This section does not prohibit a state or local law enforcement agency from collecting data in addition to the information listed in subsection (5) of this section. [2001 c.687 �6; 2007 c.190 �2; 2009 c.859 �1]

����� 131.908 Funding contributions. Portland State University may accept contributions of funds from the United States, its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the Law Enforcement Contacts Policy and Data Review Committee. [2001 c.687 �8; 2007 c.190 �3]

����� 131.909 Moneys received. All moneys received by Portland State University under ORS 131.908 shall be paid into the State Treasury and deposited into the General Fund to the credit of Portland State University. Such moneys are appropriated continuously to Portland State University for the purposes of ORS 131.906. [2001 c.687 �9; 2007 c.190 �4]

����� 131.910 [2001 c.687 �10; repealed by 2017 c.532 �16]

LAW ENFORCEMENT PROFILING

(Complaint Procedures)

����� 131.915 Definitions. As used in ORS 131.915 to 131.925:

����� (1) �Gender identity� has the meaning given that term in ORS 174.100.

����� (2) �Law enforcement agency� means:

����� (a) The Department of State Police;

����� (b) The Department of Justice;

����� (c) A district attorney�s office; and

����� (d) Any of the following that maintains a law enforcement unit as defined in ORS 181A.355:

����� (A) A political subdivision or an instrumentality of the State of Oregon.

����� (B) A municipal corporation of the State of Oregon.

����� (C) A tribal government.

����� (D) A university.

����� (3) �Law enforcement officer� means:

����� (a) A member of the Oregon State Police;

����� (b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 or 353.125;

����� (c) An investigator of a district attorney�s office if the investigator is or has been certified as a law enforcement officer in this or any other state;

����� (d) An investigator of the Criminal Justice Division of the Department of Justice;

����� (e) A humane special agent as defined in ORS 181A.345;

����� (f) A judicial marshal of the Marshal�s Office of the Judicial Department who is appointed under ORS 1.177 and trained pursuant to ORS 181A.540;

����� (g) A regulatory specialist exercising authority described in ORS 471.775 (2); or

����� (h) An authorized tribal police officer as defined in ORS 181A.940.

����� (4) �Profiling� means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual�s having violated a provision of law, based solely on the individual�s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.

����� (5) �Sexual orientation� has the meaning given that term in ORS 174.100. [2015 c.681 �1; 2017 c.17 �7; 2017 c.706 �6; 2021 c.173 �3; 2021 c.367 �8]

����� 131.920 Policies and procedures prohibiting profiling. (1) All law enforcement agencies shall have written policies and procedures prohibiting profiling. The policies and procedures shall, at a minimum, include:

����� (a) A prohibition on profiling;

����� (b) Procedures allowing a complaint alleging profiling to be made to the agency:

����� (A) In person;

����� (B) In a writing signed by the complainant and delivered by hand, postal mail, facsimile or electronic mail; or

����� (C) By telephone, anonymously or through a third party;

����� (c) The provision of appropriate forms to use for submitting complaints alleging profiling;

����� (d) Procedures for submitting a copy of each profiling complaint to the Law Enforcement Contacts Policy and Data Review Committee and for receiving profiling complaints forwarded from the committee; and

����� (e) Procedures for investigating all complaints alleging profiling.

����� (2) A law enforcement agency shall:

����� (a) Investigate all complaints alleging profiling that are received by the agency or forwarded from the committee.

����� (b) Accept for investigation a complaint alleging profiling that is made to the agency within 180 days of the alleged profiling incident.

����� (c) Respond to every complaint alleging profiling within a reasonable time after the conclusion of the investigation. The response must contain a statement of the final disposition of the complaint. [2015 c.681 �2; 2015 c.681 �6; 2017 c.706 �7]

����� 131.925 Complaints alleging profiling; complaint form. (1)(a) A law enforcement agency shall provide to the Law Enforcement Contacts Policy and Data Review Committee information concerning each complaint the agency receives alleging profiling, and shall notify the committee of the disposition of the complaint, in the manner described in this subsection.

����� (b) The law enforcement agency shall submit to the committee a profiling complaint report form summarizing each profiling complaint and the disposition of the complaint, and a copy of each profiling complaint, once each year no later than January 31.

����� (c) The law enforcement agency shall submit the form described in paragraph (b) of this subsection even if the agency has not received any profiling complaints.

����� (d) The profiling complaint report form and copies of profiling complaints submitted to the committee may not include personal information concerning the complainant or a law enforcement officer except as to any personal information recorded on the form as described in subsection (4)(c) of this section.

����� (2)(a) A person may submit to the committee a complaint alleging profiling and the committee shall receive the complaints.

����� (b) The committee also shall receive complaints alleging profiling that are forwarded from a law enforcement agency.

����� (c) The committee shall forward a copy of each profiling complaint the committee receives to the law enforcement agency employing the officer that is the subject of the complaint. The forwarded complaint must include the name of the complainant unless the complainant requests to remain anonymous, in which case the complainant�s name must be redacted.

����� (3)(a) The committee may not release any personal information concerning a complainant or a law enforcement officer who is the subject of a profiling complaint.

����� (b) The personal information of complainants and of law enforcement officers who are the subject of profiling complaints are exempt from public disclosure under ORS 192.355.

����� (4) The Department of State Police shall develop a standardized profiling complaint report form. The form must provide for recording the following information:

����� (a) A summary of total complaints and a certification that a law enforcement agency�s profiling policy conforms to ORS 131.920;

����� (b) A summary of each complaint received by the law enforcement agency, including the date, time and location of the incident and the disposition of the complaint; and

����� (c) To the extent known, the complainant�s gender, gender identity, age, race, ethnicity, sexual orientation, primary language, national origin, religion, political affiliation, homeless status and disability status, recorded in a manner that does not identify the complainant.

����� (5) As used in this section, �personal information� has the meaning given that term in ORS

ORS 173.927

173.927.

����� (2) The Legislative Equity Officer may employ and fix the compensation of such professional assistants and other employees as the officer deems necessary for the work under the officer�s charge.

����� (3) The Legislative Equity Officer may enter into contracts to carry out the functions of the Legislative Equity Office. [2019 c.604 �5]

����� 173.912 Contracting for independent investigator; investigator duties. (1) Under the direction of the Joint Committee on Conduct, the Legislative Equity Officer shall contract with one or more individuals who are unaffiliated with the legislative branch and who meet the standards and criteria established by the committee for performing services for the legislative branch as an independent investigator. An independent investigator shall:

����� (a) Receive complaints and reports alleging harassment or other conduct that is asserted to violate standards of harassment, discrimination or retaliation prescribed by legislative branch personnel rules;

����� (b) Conduct investigations, determine facts, write investigative reports and report outcomes of investigations to appointing authorities or other persons or entities identified in legislative branch personnel rules or chamber rules as recipients of independent investigator reports; and

����� (c) Make recommendations regarding interim safety measures to appointing authorities or other persons or entities identified in legislative branch personnel rules or chamber rules as recipients of independent investigator recommendations on interim safety measures.

����� (2) An independent investigator may not have access to confidential files and records of the Legislative Equity Officer. [2019 c.604 �6]

����� 173.915 Respectful workplace training. (1) The Legislative Equity Officer shall at least once each calendar quarter conduct a minimum of two hours of respectful workplace training, including training on:

����� (a) Legislative branch workplace harassment avoidance policies and rules;

����� (b) Legislative branch procedures and rules for reporting or filing complaints to address instances of harassment; and

����� (c) Free speech and free expression rights guaranteed under the Oregon and United States Constitutions.

����� (2) The training described in subsection (1) of this section must be attended annually by all legislators, legislative staff, legislative interns, legislative volunteers and lobbyists who are required to register with the Oregon Government Ethics Commission. Employees of contractors who reasonably expect to be regularly present in the State Capitol must also attend the training described in subsection (1) of this section. Executive branch and judicial branch personnel who are regularly present in the State Capitol may be invited to attend the training. The Legislative Equity Officer shall record attendance at the trainings and shall make attendance records publicly available.

����� (3)(a) The Legislative Equity Officer shall make the training described in subsection (1) of this section available online. The officer shall maintain records of all persons who have taken online training.

����� (b) The online training described in this subsection is intended to be a last-resort alternative to the in-person training described in subsection (1) of this section. Except for a registered lobbyist whose principal office is outside of this state, an individual required to attend training under this section may substitute online training for in-person attendance only once in any two-year period.

����� (4)(a) The Legislative Equity Officer shall strive to present the training in small group settings and employ best practices to maximize attendance at in-person trainings.

����� (b) Of the trainings described in subsection (1) of this section, at least one training session annually shall be on basic requirements under legislative branch personnel rules and at least one training session annually shall be an in-depth focus on one of the following topics:

����� (A) Conduct that constitutes harassment under legislative branch personnel rules or other law;

����� (B) Specific guidance addressing subtle forms of discrimination and harassment that become unlawful because of the pervasiveness of the conduct;

����� (C) Available methods of reporting harassment;

����� (D) Supervisor obligations to report harassment;

����� (E) The authority every individual has to withdraw consent to intimate conduct and the challenges associated with consensual relationships in the workplace;

����� (F) Examples of positive workplace behaviors and constructive working relationships;

����� (G) Skills necessary for individuals to become active bystanders who promote culture change and oppose harassing behavior they observe in the workplace;

����� (H) Methods for discouraging behavior that does not promote a productive and inclusive work environment;

����� (I) The human impact and harm to the work environment that harassment causes; or

����� (J) Free speech and free expression rights guaranteed under the Oregon and United States Constitutions.

����� (5) The Legislative Equity Officer may contract with other persons or entities with experience performing harassment avoidance and respectful workplace training for the performance of the training described in this section.

����� (6) The Legislative Equity Officer shall employ best practices in:

����� (a) Developing training content described in this section and delivery methodologies for the training content; and

����� (b) Writing and publishing written guidance on Legislative Branch Rules and policies relating to:

����� (A) Promoting a respectful and inclusive workplace;

����� (B) Reporting or filing complaints about harassing, discriminatory or retaliatory behavior, or other behavior prohibited by branch rules or policies; and

����� (C) Understanding options available to those who are experiencing behavior prohibited by branch rules or policies.

����� (7) The Legislative Equity Officer shall consult with the Legislative Administrator and the committee described in ORS 173.921 (2) in the development of respectful workplace training. [2019 c.604 �7; 2019 c.604 �9]

����� 173.918 Adopting policies for lobbyist respectful workplace training. The Joint Committee on Conduct established under ORS 173.900 may adopt policies that establish content and duration requirements for training sessions described in ORS 171.742. [2019 c.604 �24]

����� 173.921 Culture and climate surveys. (1) The Legislative Equity Officer shall regularly conduct culture and climate surveys of legislators, legislative staff, lobbyists and others who regularly interact with the legislative branch to ascertain the alignment between stated legislative branch policies and goals relating to workplace culture and standards of behavior, and actual beliefs and experiences of those who work in the legislative branch or regularly interact with the legislative branch. The officer shall make the results of culture and climate surveys publicly available.

����� (2) If a diversity, equity and inclusion committee composed of members of the Legislative Assembly and partisan and nonpartisan staff of the legislative branch exists at the time of consultation, the Legislative Equity Officer shall consult with the committee on culture and climate surveys, training, building policies and practices that may affect legislative branch employees.

����� (3) The Legislative Equity Officer may contract with other persons or entities with experience conducting culture and climate surveys to conduct the surveys described in subsection (1) of this section.

����� (4) The Legislative Equity Officer may collaborate with the Legislative Administrator to provide training, coaching and the production of materials intended to improve State Capitol culture and on matters other than workplace harassment. [2019 c.604 �11]

����� 173.924 Reporting harassment to Legislative Equity Officer. (1) The Legislative Equity Officer shall be available to receive information from any individual about harassing behavior occurring in the State Capitol or involving legislators, legislative staff, lobbyists or others who are present in the State Capitol or who engage with legislators, legislative staff or lobbyists, whether in the State Capitol or elsewhere.

����� (2) The Legislative Equity Officer shall provide confidential process counseling to individuals who believe they have experienced or observed harassment, including but not limited to:

����� (a) Providing information on legislative branch personnel rules, policies and reporting processes; and

����� (b) Providing information on the extent to which information may be kept confidential or may be subject to disclosure.

����� (3) If the Legislative Equity Officer receives information concerning conduct that is inconsistent with a respectful workplace policy adopted by the Joint Committee on Conduct but that does not rise to the level of creating a hostile work environment or violating public accommodation law, the officer shall refer the reporter to the Legislative Administrator.

����� (4) The Legislative Equity Officer may not engage in any investigation following a report or complaint alleging harassment or following any consultation described in subsection (1) or (2) of this section.

����� (5) The Legislative Equity Officer may not share any information acquired during a disclosure or consultation made confidential by legislative rule with an independent investigator performing services under ORS 173.912, except that nonpersonally identifiable information may be disclosed to facilitate the taking of any action that is consistent with legislative rules and with the principles of the Due Process Clause of the United States Constitution. [2019 c.604 �12]

����� 173.927 Establishing and maintaining Capitol Leadership Team; team duties. (1) The Legislative Equity Officer shall establish and maintain a Capitol Leadership Team, consisting of legislators, legislative staff, lobbyists, executive and judicial branch staff who regularly interact with the legislative branch, employees of contractors who regularly interact with the legislative branch, and interested members of the public, who have an interest in promoting a productive and inclusive environment in the State Capitol and at functions and events outside of the State Capitol at which legislators, staff, lobbyists and others interact. The officer shall give preference to interested individuals who wish to serve on the team and who also have had experience working on issues related to diversity, equity and inclusion. Capitol Leadership Team members who are legislators or partisan legislative staff shall be composed equally of those affiliated with the majority party and the minority party, so that there are equal numbers of legislators from the majority party and from the minority party and equal numbers of partisan staff team members from the majority party and from the minority party.

����� (2) The Legislative Administrator shall provide members of the Capitol Leadership Team with advanced respectful workplace training, with an emphasis on implementing cultural change in the workplace.

����� (3) Capitol Leadership Team members shall serve as mentors and informal resources of information for others who are interested in promoting a more respectful workplace or who are facing challenges in the workplace.

����� (4) The Capitol Leadership Team shall identify additional services or additional training needs and shall report those identified additional services or training needs to the Legislative Equity Officer and to the Joint Committee on Conduct. [2019 c.604 �13]

����� 173.930 Contracting for offsite process counselor. (1) At the direction of the Joint Committee on Conduct, the Legislative Equity Officer shall contract with one or more offsite process counselors to perform the duties described in ORS 173.933 or such other duties as are assigned by legislative rule or by the committee.

����� (2) The committee shall establish minimum qualifications for an offsite process counselor and may establish other criteria for the selection of an offsite process counselor, including criteria by which a request for proposals may be evaluated or by which external experts may be invited to advise the committee on the selection of an offsite process counselor. [2019 c.604 �14]

����� 173.933 Offsite process counselor duties. (1) An offsite process counselor under contract with the Legislative Equity Officer under ORS 173.930 shall be available to receive information from any individual about harassing behavior occurring in the State Capitol or involving legislators, legislative staff, lobbyists or others who are present in the State Capitol or who engage with legislators, legislative staff or lobbyists, whether in the State Capitol or elsewhere.

����� (2) The offsite process counselor shall provide confidential process counseling to individuals who believe they have experienced or observed harassment, including but not limited to:

����� (a) Providing information on legislative branch personnel rules, policies and reporting processes; and

����� (b) Providing information on the extent to which information may be kept confidential or may be subject to disclosure.

����� (3) The offsite process counselor may not engage in any investigation following a report or complaint alleging harassment or following any consultation described in subsection (1) or (2) of this section.

����� (4) The offsite process counselor may not share any information acquired during a consultation described in subsection (1) or (2) of this section with the independent investigator performing services under ORS 173.912 and legislative branch personnel rules, except that nonpersonally identifiable information may be disclosed to facilitate the taking of any action that is consistent with legislative rules and with the principles of the Due Process Clause of the United States Constitution.

����� (5) Upon request of a person making a disclosure, report or complaint to the Legislative Equity Officer, the offsite process counselor may be present when the disclosure, report or complaint is made. [2019 c.604 �15]

����� 173.936 Exemption from public record disclosure; exceptions to exemption. Records and information of the Legislative Equity Officer appointed in ORS 173.900 that relate to disclosures, reports or other allegations made to the equity officer or that relate to investigations, reports or counseling undertaken by the equity officer or by an independent investigator or offsite process counselor at the request or direction of the equity officer are exempt from required disclosure under ORS

ORS 178.335

178.335, if:

����� (a) The taxpayer�s refund is offset to pay amounts owed by the taxpayer; or

����� (b) The taxpayer�s refund is less than the total of the following:

����� (A) The contribution elected in subsection (2) of this section;

����� (B) Payments of tax as provided in ORS 316.583 that accompany the return;

����� (C) All contributions to charitable and governmental entities designated by means of a checkoff as provided in ORS 305.745; and

����� (D) All contributions to political parties designated by means of a checkoff as provided in ORS 305.754. [2011 c.527 �2; 2019 c.316 �2]

����� 305.799 [2013 c.779 �5; repealed by 2021 c.8 �14]

TAXPAYER ADVOCATE

����� 305.800 Taxpayer Advocate. (1) The office of the Taxpayer Advocate is established in the Department of Revenue. The office is subject to all confidentiality and disclosure provisions applicable to the department and shall be responsible for directly assisting taxpayers and their representatives to ensure that taxpayers and their representatives understand and utilize the policies, processes and procedures available for the resolution of problems related to tax programs or debt collection programs administered by the department. The Director of the Department of Revenue shall select the Taxpayer Advocate and the employees of the office, who may include employees of the department and residents of this state with knowledge of taxation.

����� (2) The office shall assist taxpayers in:

����� (a) Obtaining easily understandable tax information and information about department policies and procedures, including information on audits, collections and appeals;

����� (b) Answering questions about preparing and filing returns with the department; and

����� (c) Locating documents filed with or payments made to the department by taxpayers.

����� (3) The office may also:

����� (a) Receive and evaluate complaints of improper, abusive or inefficient service by employees of the department and recommend to the director appropriate action to correct such service;

����� (b) Identify policies and practices of the department that might be barriers to the equitable treatment of taxpayers and recommend alternatives to the director;

����� (c) Provide expeditious service to taxpayers whose problems are not resolved through ordinary channels;

����� (d) Collaborate with department personnel to resolve the most complex and sensitive taxpayer problems and to identify and resolve systemic problems experienced by taxpayers;

����� (e) Report to the director if, in the determination of the office, the department is administering a law improperly;

����� (f) Participate and represent taxpayers� interests and concerns in planning meetings, reviewing instructions and formulating department policies and procedures;

����� (g) Compile data each year on the number and type of taxpayer complaints and evaluate the actions taken to resolve complaints;

����� (h) Survey taxpayers each year to obtain their evaluation of the quality of service provided by the department;

����� (i) Issue orders to the department as described in ORS 305.801; and

����� (j) Perform other functions that relate to taxpayer assistance as prescribed by the director.

����� (4) Actions taken by the office may be reviewed only by the director upon request of the department or a taxpayer. The director may modify action taken by the office. [2021 c.555 �2]

����� 305.801 Authority of Taxpayer Advocate to issue order to department. (1) As used in this section, �significant hardship� means a circumstance in which:

����� (a) Adverse action against a taxpayer by the Department of Revenue is imminent;

����� (b) The department has failed to act to resolve a reported problem with the account of a taxpayer within 90 days; or

����� (c) Other conditions exist as described by the department by rule.

����� (2) In addition to any other taxpayer relief provided by law, the Taxpayer Advocate may issue an order to the department to cease any action, take any action or refrain from taking any action with respect to a taxpayer, as allowed by law, if the Taxpayer Advocate determines that a taxpayer is suffering or about to suffer a significant hardship as a result of the manner in which the state�s tax laws are being administered by the department. A taxpayer need not make a formal written request prior to the issuance of an order concerning the taxpayer under this section.

����� (3)(a) The Taxpayer Advocate may issue an order under this section only as an extraordinary remedy in circumstances where the Taxpayer Advocate determines that the department is not following applicable administrative rules or guidance related to department policies or procedures.

����� (b) An order issued under this section is limited to providing relief related to department policies or procedures and may not address the merits of a taxpayer�s tax liability or substitute for informal conference procedures or normal administrative or judicial proceedings for the review of a tax assessment, refund denial, collection action or other department action.

����� (c) Any order issued by the Taxpayer Advocate under this section may be reviewed by the Director of the Department of Revenue or the deputy director and may be modified or rescinded only by the Taxpayer Advocate, the director or the deputy director. A written explanation of the reasons for any modification or rescission of an order by the director or deputy director shall be provided to the Taxpayer Advocate.

����� (4) An appeal may not be taken from an order issued by the Taxpayer Advocate under this section or from any modification or rescission of an order by the director or deputy director.

����� (5) All orders issued under this section, along with any related taxpayer information, are considered particulars of a return, as defined in ORS 314.835, and may not be disclosed by the department, except as otherwise provided in ORS 314.835 or

ORS 182.470

182.470. Moneys deposited are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 to 182.472 and 672.002 to 672.325. [1981 c.150 �2; 1991 c.734 �67; 1997 c.643 �22; 1999 c.1084 �62]

����� 672.330 [Repealed by 1971 c.753 �74]

����� 672.340 [Repealed by 1971 c.751 �39]

����� 672.410 [Amended by 1961 c.550 �1; repealed by 1971 c.751 �39]

����� 672.420 [Amended by 1971 c.751 �7; renumbered 672.025]

����� 672.430 [Repealed by 1971 c.751 �39]

����� 672.440 [Repealed by 1971 c.751 �39]

����� 672.450 [Repealed by 1971 c.751 �39]

����� 672.460 [Repealed by 1971 c.751 �39]

����� 672.470 [Repealed by 1971 c.751 �39]

����� 672.480 [Repealed by 1971 c.751 �39]

����� 672.490 [Repealed by 1971 c.751 �39]

����� 672.500 [Repealed by 1971 c.751 �39]

GEOLOGISTS

(Generally)

����� 672.505 Definitions for ORS 672.505 to 672.705. As used in ORS 672.505 to 672.705, unless the context requires otherwise:

����� (1) �Administrator� means the office as established by ORS 672.505 to 672.705.

����� (2) �Board� means State Board of Geologist Examiners.

����� (3) �Engineering geologist� means a person who applies geologic data, principles and interpretation to naturally occurring materials so that geologic factors affecting planning, design, construction and maintenance of civil engineering works are properly recognized and utilized.

����� (4) �Geologist� means a person engaged in the practice of geology.

����� (5) �Geologist in training� means a person certified by the board as having passed an examination in the geologic subjects and having adequate academic training.

����� (6) �Geology� refers to:

����� (a) That science that treats of the earth in general;

����� (b) Investigation of the earth�s crust and the rocks and other materials that compose it; and

����� (c) The applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of humanity.

����� (7) �Public practice of geology� means the performance for another of geological service or work, such as consultation, investigation, surveys, evaluation, planning, mapping and inspection of geological work, that is related to public welfare or safeguarding of life, health, property and the environment, except as specifically exempted by ORS 672.505 to 672.705.

����� (8) �Qualified nonregistered geologist� means a person who possesses all the qualifications specified in ORS 672.505 to 672.705 for registration except that the person is not registered in this state.

����� (9) �Registered certified specialty geologist� means a person who is certified as a specialty geologist under the provisions of ORS 672.505 to 672.705.

����� (10) �Registered geologist� means a person who is registered as a geologist under the provisions of ORS 672.505 to 672.705.

����� (11) �Responsible charge of work� means the independent control and direction of geological work by the use of initiative, skill and independent judgment, or the supervision of such work.

����� (12) �Subordinate� means any person who assists a registered geologist in the practice of geology without assuming the responsible charge of work. [1977 c.612 �2; 1981 c.295 �1; 1987 c.414 �48; 2003 c.379 �1; 2005 c.22 �476]

����� 672.510 [Amended by 1953 c.98 �2; repealed by 1971 c.751 �39]

����� 672.515 Policy of ORS 672.505 to 672.705. ORS 672.505 to 672.705 are enacted in order to introduce qualifying criteria in a presently unregulated professional field. This action is necessary to safeguard the health and welfare and property of the people of Oregon. These safeguards are in the fields of geology as related to engineering, ground water, land use planning, mineral exploration and development, geologic hazards, the further development of the science of geology, and other geologic matters of concern to the people of the state. [1977 c.612 �1]

����� 672.520 [Repealed by 1971 c.751 �39]

(Certificates of Registration)

����� 672.525 Geologist registration; public practice of geology. (1) No person, other than a registered geologist, a registered certified specialty geologist or a subordinate under the direction of either, shall provide or prepare for the public practice of geology any geologic maps, plans, reports, or documents except as specifically exempted in ORS 672.535.

����� (2) No person shall publicly practice or offer to publicly practice geology in this state, and use in connection with the name of the person or otherwise assume or advertise any title or description tending to convey the impression that the person is a registered geologist, unless such person has been registered or exempted under the provisions of ORS 672.505 to 672.705. The right to engage in the public practice of geology is deemed a personal right, based on the qualifications of the individual as evidenced by the certificate of registration, and shall not be transferable.

����� (3) No person other than a geologist registered under ORS 672.505 to 672.705 shall stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a registered geologist or registered certified specialty geologist, or to use in any manner the title �geologist� or the title of any registered certified specialty geologist while conducting the public practice of geology unless registered or certified under ORS 672.505 to 672.705.

����� (4) No person shall sign, or stamp or seal any geologic maps, plans, plats, reports, or other geologic documents after the certification of the registrant named thereon has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.

����� (5) No person shall attempt to use the certificate of registration or seal of another, or falsely impersonate another registrant.

����� (6) No person shall give false or forged evidence of any kind to the State Board of Geologist Examiners to obtain a certificate of registration.

����� (7) No person, including a person registered as a geologist under this section, shall practice or offer to perform any activities of an engineering geologist as defined in ORS 672.505 unless the person is certified as an engineering geologist under ORS 672.565.

����� (8) A person shall be construed to publicly practice or offer to publicly practice geology if the person:

����� (a) Publicly practices any branch of the profession of geology;

����� (b) By verbal claim, sign, advertisement, letterhead or card, or in any other way, purports to be a registered geologist, or through the use of some other title implies that the person is a registered geologist or that the person is registered under ORS 672.505 to 672.705; or

����� (c) Offers to provide any geological services or work recognized as the public practice of geology for a fee or other compensation.

����� (9) A person does not publicly practice or offer to publicly practice geology solely because the person testifies or prepares to testify in a public proceeding. [1977 c.612 �3; 1995 c.32 �1; 2001 c.232 �1; 2003 c.379 �2]

����� 672.530 [Repealed by 1971 c.751 �39]

����� 672.535 Exemptions from ORS 672.505 to 672.705. The following persons are exempt from the provisions of ORS 672.505 to 672.705:

����� (1) Persons engaged in teaching and conducting research in the science of geology in an accredited college or university, and students acting under their direction, but who are not engaged in the public practice of geology in this state;

����� (2) Officers and employees of the United States of America, practicing solely as such officers or employees; or

����� (3) A subordinate to a geologist registered under ORS 672.505 to 672.705 insofar as the subordinate acts solely in such capacity. This exemption, however, does not permit any such subordinate to practice geology for others or use the title �registered geologist.� [1977 c.612 �4]

����� 672.540 [Repealed by 1971 c.751 �39]

����� 672.545 Practice of geology by proprietorship, partnership or corporation; employment of nonregistered geologist; practice by other professionals; practice by nonresident. (1) ORS 672.505 to 672.705 do not prohibit one or more geologists from practicing through the medium of a sole proprietorship, partnership, or corporation. In a partnership or corporation whose primary activity consists of geological services, at least one partner or officer shall be a registered geologist.

����� (2) ORS 672.505 to 672.705 do not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of geology from employing a nonregistered geologist to perform nonpublic geological services necessary to the conduct of their business.

����� (3) ORS 672.505 to 672.705 shall not be construed to prevent or to affect:

����� (a) The practice of any licensed profession or trade by limiting its appropriate and current custom or practice including the practice of any profession or trade for which a license or registration is required under any other law of this state including the practice of registered civil and mining engineers lawfully practicing civil and mining engineering in its various specialized branches; or

����� (b) The practice of geology by a person not a resident of and having no established place of business in this state, when the practice is limited to a specific project and does not exceed one period of 60 consecutive days in any calendar year, and provided the person is licensed or registered to practice such profession in another state where the requirements for certification, registration or licensing are not lower than those specified in ORS 672.505 to 672.705 and provided further that such nonresident shall file with the State Board of Geologist Examiners, on or before entering the state for commencing such work, a statement giving name, residence, the number of the license or certificate of registration of the nonresident, and by what authority issued, and upon the completion of the work, a statement of the time engaged in such work within the state. [1977 c.612 �5]

����� 672.550 [Repealed by 1971 c.751 �39]

����� 672.555 Application; qualifications for certificates of registration; rules. (1) An application for registration as a geologist shall show the applicant�s education and a detailed summary of the geological work performed by the applicant.

����� (2) To be eligible for a certificate of registration, an applicant shall meet each of the following minimum qualifications:

����� (a) Have either:

����� (A) Graduated from an accredited college or university with a major in geology, engineering geology, geological engineering or related geological science approved by the State Board of Geologist Examiners; or

����� (B) Completed and passed 45 quarter hours or the equivalent in geological science courses.

����� (b) Have at least seven years of geological work that includes a minimum of three years of geological work under the supervision of a registered geologist or a minimum of five accumulative years� experience in responsible charge of geological work. The applicant may demonstrate or receive credit for the required seven years of professional geological work in the following ways:

����� (A) Each year of completed undergraduate study in the geological sciences shall count as one year of training up to a maximum of two years, and each year of completed graduate study shall count as one year of training up to a maximum of three years.

����� (B) Total credit for undergraduate and graduate study may not exceed a total of four years toward meeting the requirement for at least seven years of geological work.

����� (C) The board may consider in lieu of geological work required, the cumulative total of geological work or geological research completed by persons teaching at the college or university level, provided such work or research is equivalent to the professional requirements specified in this subsection.

����� (D) The board shall determine the applicability of geological work by reviewing the applicant�s documented and referenced geological work history in a responsible position. The board shall determine the adequacy of the required supervision and experience in accordance with standards adopted by rule by the board.

����� (c) Have successfully fulfilled the examination requirements, established by the board, designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of geology.

����� (3) A certificate of registration as a �geologist in training� may be granted to a person who has fulfilled the requirements described in subsection (2)(a) and (c) of this section.

����� (4) The board shall, by rule, adopt the minimum coursework requirements that an applicant must meet in order to satisfy subsection (2)(a) of this section. [1977 c.612 ��6,7; 1981 c.295 �2; 2005 c.9 �1]

����� 672.560 [Repealed by 1971 c.751 �39]

����� 672.565 Certification in specialty; rules; professional affairs committees. (1) In addition to registering as a geologist, qualified persons also may be eligible for certification in a specialty. A specialty may be created by the State Board of Geologist Examiners by rule, with the rules to contain any required additional qualifications. Only a registered geologist is eligible for certification in a specialty. Application may be submitted for both registration as a geologist and for certification in a specialty at the same time, but the applicant must be approved for registration as a geologist before being considered for certification in a specialty.

����� (2) An applicant for certification in a specialty shall meet all of the requirements of a registered geologist and any special requirements as the board may establish by rule, including a written examination.

����� (3) The board may establish professional affairs committees, as needed, to represent each of the specialties into which the board determines certification of registration may be divided. Membership of each committee shall include geologists certified or qualified in the particular specialty involved. Each committee may:

����� (a) Establish qualifications for certification in its specialty;

����� (b) Establish a description of the practice of that specialty, subject to approval of the board; and

����� (c) Advise the board on professional affairs in which the committee is concerned.

����� (4) Engineering geology shall be one of the specialties requiring certification.

����� (5) The board may establish by rule criteria for exempting persons applying for a certification in a specialty from a written examination requirement. [1977 c.612 �8; 1981 c.295 �3; 2005 c.9 �2; 2019 c.277 �2]

����� Note: Section 3, chapter 277, Oregon Laws 2019, provides:

����� Sec. 3. The amendments to ORS 672.565 by section 2 of this 2019 Act apply to applications for certifications in a specialty received by the State Board of Geologist Examiners on or after the effective date of this 2019 Act [January 1, 2020]. Applications received before the effective date of this 2019 Act shall continue to be governed by the law applicable to applications for certifications in a specialty in effect immediately before the effective date of this 2019 Act. [2019 c.277 �3]

����� 672.570 [Repealed by 1971 c.751 �39]

����� 672.575 Examination. The State Board of Geologist Examiners shall determine the scope, form and content of the examinations, provided for under ORS 672.505 to 672.705. [1977 c.612 �9]

����� 672.580 [Repealed by 1971 c.751 �39]

����� 672.585 Certificate of registration; renewal; fee; replacement. (1) The State Board of Geologist Examiners shall issue a certificate of registration to any applicant who:

����� (a) Submits an application to the administrator;

����� (b) Pays the registration fee established under ORS 672.705; and

����� (c) In the opinion of the board, has satisfactorily met all the requirements of ORS

ORS 183.435

183.435]

����� 670.290 Prohibited uses of juvenile records in employment, licensing or admission. It shall be unlawful for any state agency or licensing board, including the Oregon State Bar, to:

����� (1) Require that an applicant for employment, licensing or admission answer any questions regarding the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271;

����� (2) Bar or discharge from employment or refuse to hire or employ such individual because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271; or

����� (3) Deny, revoke or suspend a license because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271. [1977 c.801 �2; 1983 c.820 �16; 1993 c.33 �360; 2021 c.585 �11]

����� 670.300 Licensing and advisory board officers; quorum and meeting requirements; compensation and expenses of members. (1) Except as otherwise provided by law, each professional licensing and advisory board shall select annually one of its members as chairperson and another as vice chairperson, with such powers and duties necessary for the performance of the functions of such offices as the board shall determine.

����� (2) The majority of the members of the board constitutes a quorum for the transaction of business.

����� (3) The board shall meet at least once a year, not later than July 1, at a place, day and hour determined by the board. The board shall also meet at such other times and places as are specified by the call of the chairperson or a majority of the members of the board.

����� (4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. [1971 c.753 �8; 1987 c.414 �95]

����� 670.304 Application of ORS 670.300 to 670.380. Except as otherwise specifically provided, ORS 670.300 to 670.380 apply to the following professional licensing and advisory boards:

����� (1) Professional licensing and advisory boards established in the Office of the Secretary of State.

����� (2) The Oregon Board of Maritime Pilots.

����� (3) The Board of Cosmetology, in the Health Licensing Office.

����� (4) The State Board of Architect Examiners.

����� (5) The State Landscape Contractors Board.

����� (6) The State Board of Examiners for Engineering and Land Surveying.

����� (7) The State Landscape Architect Board.

����� (8) The State Board of Geologist Examiners.

����� (9) The State Board of Tax Practitioners.

����� (10) The Construction Contractors Board. [1987 c.414 �94; 1991 c.67 �176; 1993 c.744 �241; 1997 c.3 �2; 1997 c.21 �1; 1999 c.425 �28; 1999 c.885 �19; 2001 c.160 �1; 2005 c.648 �49; 2007 c.71 �219; 2007 c.768 �66; 2013 c.568 �10; 2015 c.451 �22]

����� 670.305 [1971 c.753 �9; repealed by 1973 c.659 �1 (670.306 enacted in lieu of 670.305)]

����� 670.306 Administrative officers for boards; other employees. (1) Subsections (2) and (3) of this section shall apply only to the following professional licensing boards:

����� (a) State Board of Architect Examiners.

����� (b) Construction Contractors Board.

����� (c) State Board of Examiners for Engineering and Land Surveying.

����� (d) State Landscape Architect Board.

����� (e) State Landscape Contractors Board.

����� (f) State Board of Tax Practitioners.

����� (2) A board shall fix the qualifications of and appoint an administrative officer. The determination of qualifications and appointment of an administrative officer shall be made after consultation with the Governor.

����� (3) An administrative officer of a board shall not be a member of that board.

����� (4) Subject to the applicable rules of the State Personnel Relations Law, the board shall fix the compensation of its administrator, who shall be in the unclassified service.

����� (5) Subject to applicable rules of the State Personnel Relations Law, the administrative officer shall appoint all subordinate employees, prescribe their duties and fix their compensation. [1973 c.659 �2 (enacted in lieu of 670.305); 1975 c.429 �7; 1975 c.464 �1; 1981 c.821 �2; 1987 c.414 �96; 1993 c.744 �242; 1995 c.79 �338; 1997 c.3 �3; 1997 c.21 �2; 1999 c.59 �199; 1999 c.322 �41; 2007 c.768 �67; 2015 c.451 �23]

����� 670.310 Rulemaking authority; board seal. (1) Except as otherwise provided by law and in accordance with any applicable provisions of ORS chapter 183, each professional licensing board and advisory board may make such rules as are necessary or proper for the administration of the laws such board is charged with administering.

����� (2) Each professional licensing board and advisory board may adopt a seal. [1971 c.753 �10; 1987 c.414 �97]

����� 670.315 Administration of oaths; obtaining and taking evidence at board proceedings; effect of failure to obey board subpoena. (1) Except as otherwise provided by law, each professional licensing board or advisory board, acting through its chairperson or vice chairperson or an administrative law judge, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the board is charged with administering.

����� (2) If any person fails to comply with a subpoena issued under this section or refuses to testify on any matters on which the person may be lawfully interrogated, the procedure provided in ORS 183.440 shall be followed to compel obedience. [1971 c.753 �11; 1987 c.414 �98; 2003 c.75 �107]

����� 670.320 [1971 c.753 �12; repealed by 1987 c.414 �172]

����� 670.325 Proceedings on denial of license; restraining violations; authority of administrative law judge; record of proceedings. (1) All proceedings for the refusal to issue, or the suspension or revocation of any license, certificate of registration or other evidence of authority required to practice any profession subject to the authority of a professional licensing or advisory board shall be conducted pursuant to the procedure for contested cases required or authorized by ORS chapter 183.

����� (2) If a professional licensing or advisory board decides that any person has or is about to engage in any activity that is or will be a violation of law the board is charged with enforcing, the board may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages, but does not relieve the defendant of any criminal liability.

����� (3) Any administrative law judge conducting a hearing for a professional licensing board is vested with full authority of the board to schedule and conduct hearings on behalf and in the name of the board on all matters referred to the administrative law judge for hearing by the board, including proceedings for placing persons registered or licensed by the board on probation and for suspension and revocation of registration or licenses, and shall cause to be prepared and furnished to the board, for decision thereon by the board, a complete written transcript of the record of the hearing. The transcript shall contain all evidence introduced at the hearing and all pleas, motions and objections and all rulings of the administrative law judge. Each administrative law judge may administer oaths and issue summonses, notices and subpoenas, but may not place any registrant or licensee on probation or issue, refuse, suspend or revoke a registration or license. [1971 c.753 �13; 1987 c.414 �99; 1999 c.849 �155; 2003 c.75 �108]

����� 670.330 [1971 c.753 �14; renumbered

ORS 184.340

184.340]

����� 291.014 [Repealed by 1967 c.419 �68]

����� 291.015 Fiscal responsibilities of department; delegation of fiscal functions. (1) The Oregon Department of Administrative Services, under the direction of the Governor and as provided by law, is responsible generally for the administration and coordination of internal accounting and other affairs, controls, procedures and services of a fiscal nature of the state government and agencies thereof.

����� (2) Except as otherwise provided by law, the department may authorize subject to its control the decentralized performance by state agencies of fiscal functions of the department. [1967 c.419 �10]

����� 291.016 Making administrative and organizational surveys. The Oregon Department of Administrative Services, or the State Chief Information Officer for purposes related to information and telecommunications technology, may make or cause to be made administrative and organizational surveys of the state agencies for the purpose of determining the feasibility of improving the administration of the state government by eliminating unnecessary positions and activities, improving internal operating forms, avoiding duplication, and increasing efficiency and economical operation. [Amended by 2015 c.807 �37]

����� 291.018 Conducting research; requiring administrative reports from agencies. The Oregon Department of Administrative Services, or the State Chief Information Officer for purposes related to information and telecommunications technology, shall conduct research for use in administrative planning, policy review and organization and methods improvement. Periodic administrative reports to the department, the State Chief Information Officer and the Governor that are designed to outline factually the quantitative and qualitative aspects of work performance by operating units may be required of state agencies. The department and the State Chief Information Officer may require state agencies to submit information in reports that will permit sound analysis and will provide the basis for detecting administrative weaknesses, correcting performance difficulties and permitting better planning and management of state services. [Amended by 2015 c.807 �38]

����� 291.020 [Renumbered 291.028]

����� 291.021 [1973 c.84 �2; 1981 c.766 �2; 1987 c.538 �2; repealed by 1997 c.802 �22]

����� 291.022 [Formerly 291.558; repealed by 1967 c.454 �119]

����� 291.024 [Formerly 291.560; repealed by 1967 c.454 �119]

����� 291.026 Examining agency records and financial affairs. For the purposes of carrying out its duties, powers and functions, the Oregon Department of Administrative Services may examine the records, files, documents, accounts and financial affairs of any state agency, and shall have the right of access for that purpose. During business hours the department may examine the accounts of any state agency in any depository which has state funds in its custody. [Formerly

ORS 184.628

184.628.

����� (2) �Commission� means the Oregon Transportation Commission.

����� (3) �Department� means the Department of Transportation.

����� (4) �Director� means the Director of Transportation.

����� (5) �Federal funds� means any funds provided by the United States for cooperative road work with states, counties, cities or other municipal subdivisions of the state under Acts of Congress enacted for those purposes.

����� (6) �Highway� means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

����� (7) �Highway fund� means the State Highway Fund.

����� (8) �State highway� means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways.

����� (9) �This Act� means this chapter and ORS 105.760, 373.010, 373.015, 373.020 and 373.030. [Amended by 1969 c.599 �16; 1973 c.249 �28; 1979 c.186 �8; 1989 c.904 �34; 1993 c.741 �34; 2003 c.618 �44]

����� 366.010 �County court� and �road� or �highway� defined. As used in this Act:

����� (1) �County court� includes all county officers or boards charged by law with the duty of building, constructing, repairing, altering or maintaining roads or bridges, or both.

����� (2) �Road� or �highway� includes necessary bridges and culverts, and city streets, subject to such restrictions and limitations as are provided.

����� 366.015 [Repealed by 2015 c.138 �9]

����� 366.105 [Amended by 1969 c.599 �17; 1971 c.598 �1; 1973 c.249 �29; 1979 c.186 �9; repealed by 1993 c.741 �147]

����� 366.110 [Amended by 1969 c.314 �29; repealed by 1973 c.249 �91]

����� 366.112 Bicycle lane and path advisory committee; members, terms, duties and powers; meetings. (1) There is created in the Department of Transportation an advisory committee to be appointed by the Governor to advise the department regarding the regulation of bicycle traffic and the establishment of bicycle lanes and paths. The committee shall consist of eight members including an employee of a unit of local government employed in land use planning, a representative of a recognized environmental group, a person engaged in the business of selling or repairing bicycles, a member designated by the Oregon Recreation Trails Advisory Council, and at least one member under the age of 21 at the time of appointment. Members of the advisory committee shall be entitled to compensation and expenses as provided by ORS 292.495.

����� (2) The members shall be appointed to serve for terms of four years each. A vacancy on the committee shall be filled by appointment by the Governor for the unexpired term.

����� (3) The committee shall meet regularly four times a year, at times and places fixed by the chairperson of the committee. The committee may meet at other times upon notice by the chairperson or three members of the committee. The department shall provide office space and personnel to assist the committee as requested by the chairperson, within the limits of available funds. The committee shall adopt rules to govern its proceedings and may select officers it considers necessary. [1973 c.716 �1; 1993 c.741 �35]

Note: 366.112 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 366.115 [Repealed by 1973 c.249 �91]

����� 366.120 [Repealed by 1973 c.249 �91]

����� 366.125 [Repealed by 1973 c.249 �91]

����� 366.130 [Repealed by 1971 c.418 �23]

����� 366.135 [Amended by 1953 c.129 �2; repealed by 1973 c.249 �91]

����� 366.140 [Amended by 1953 c.129 �2; repealed by 1973 c.249 �91]

����� 366.145 [Amended by 1971 c.598 �2; 1973 c.249 �30; 1979 c.186 �10; repealed by 1993 c.741 �147]

����� 366.150 [Amended by 1971 c.598 �3; 1973 c.249 �31; renumbered 184.626 in 2017]

����� 366.155 Duties and powers of department regarding highways; assistance to counties and State Parks and Recreation Department. (1) The Department of Transportation shall, among other things:

����� (a) So far as practicable, compile statistics relative to the public highways of the state and collect all information in regard thereto which the Director of Transportation may deem important or of value in connection with highway location, construction, maintenance, improvement or operation.

����� (b) Keep on file in the office of the department copies of all plans, specifications and estimates prepared by the department.

����� (c) Make all necessary surveys for the location or relocation of highways and cause to be made and kept in the department a general highway plan of the state.

����� (d) Collect and compile information and statistics relative to the mileage, character and condition of highways and bridges in the different counties in the state, both with respect to state and county highways.

����� (e) Investigate and determine the methods of road construction best adapted in the various counties or sections of the state, giving due regard to the topography, natural character and availability of road-building materials and the cost of building and maintaining roads under this Act.

����� (f) Prepare surveys, plans, specifications and estimates for the construction, reconstruction, improvement, maintenance and repair of any bridge, street, road and highway. In advertising for bids on any such project the director shall invite bids in conformity with such plans and specifications.

����� (g) Keep an accurate and detailed account of all moneys expended in the location, survey, construction, reconstruction, improvement, maintenance or operation of highways, roads and streets, including costs for rights of way, under this Act, and keep a record of the number of miles so located, constructed, maintained or operated in each county, the date of construction, the width of such highways and the cost per mile for the construction and maintenance of the highways.

����� (h) Upon request of a county governing body, assist the county on matters relating to road location, construction or maintenance. Plans and specifications for bridges or culverts that are provided under this paragraph shall be provided without cost to the 10 counties with the lowest ratio of road miles maintained by each county to registered vehicles. Standard specifications for road projects shall be provided without cost to all counties. The Department of Transportation shall determine an amount to be charged for assistance under this paragraph in establishing specifications and standards for roads under ORS 368.036. The costs of assistance not specifically provided for under this paragraph shall be paid as provided by agreement between the county governing body and the director.

����� (i) Upon request of the State Parks and Recreation Department, assist the State Parks and Recreation Department in evaluating the potential need for construction, reconstruction, improvement, maintenance or operation of highways, roads and streets that would result if the State Parks and Recreation Commission acquired and developed a new historic site, park or recreation area under the criteria established pursuant to ORS 390.112 or any other criteria for acquisition established by the State Parks and Recreation Commission.

����� (2) The director may require duties with respect to audits and accounting procedures provided for in this section and ORS 366.165 to be performed and responsibilities to be assumed by the fiscal officer of the department appointed under ORS 184.637.

����� (3) In carrying out the duties set forth in this section, the director shall act in a manner that is consistent with the goal set forth in ORS 468B.155. [Amended by 1967 c.454 �33; 1971 c.598 �4; 1973 c.249 �32; 1981 c.153 �60; 1989 c.345 �6; 1989 c.833 �49; 1993 c.741 �36; 1995 c.79 �201; 1999 c.1038 �1; 2003 c.618 �22; 2017 c.750 �74; 2018 c.93 �7]

����� 366.157 Program for prevention and cleanup of litter and vandalism. The Department of Transportation shall administer a program for the involvement of youth in the prevention and cleanup of litter and vandalism. [Formerly 802.080; 2007 c.667 �5; 2009 c.463 �12]

����� 366.158 Adopt-a-Highway Program; rules. (1) As used in this section:

����� (a) �Noxious weeds� means any weed the State Department of Agriculture designates by rule as a noxious weed.

����� (b) �Pesticide� has the meaning given that term in ORS 634.006.

����� (2) The Department of Transportation shall administer a program aimed toward beautifying and cleaning state roadsides. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteer groups in litter cleanup work and removal of noxious weeds on a specific section of highway. The program shall be called the Oregon Adopt-a-Highway Program. Moneys for the program shall be provided from funds available to the department. The department may adopt any rules it considers necessary for implementation of the Oregon Adopt-a-Highway Program.

����� (3) An agreement entered into between the department and a volunteer group pursuant to subsection (2) of this section shall include but need not be limited to:

����� (a) Identification of the designated section of highway. The volunteer group may request a specific section of highway it wishes to adopt, but the assignment shall be at the discretion of the department.

����� (b) Specification of the duties of the volunteer group. The group shall choose one or both of the following activities:

����� (A) Removal of litter along the designated section of highway at least four times each year.

����� (B) Removal of noxious weeds, along the designated section of highway at least twice each year, using a method other than pesticide and in accordance with rules adopted by the State Department of Agriculture.

����� (c) Specification of the responsibilities of the volunteer group. The group shall agree to abide by all rules related to the program that are adopted by the department.

����� (d) Duration of the agreement. The volunteer group may contract to care for the designated section of highway for one, two or three years.

����� (4) A sign identifying the group and recognizing the group�s contribution shall be placed by the department at each end of the section of highway adopted by the group unless the department determines that doing so would be unsafe to persons using the highway.

����� (5) The department shall provide reflective vests, garbage bags and highway signs for the participating volunteer groups. [1991 c.486 �2; 2009 c.547 �1]

����� 366.159 Vegetation control permit; fee. (1) The Department of Transportation may issue a vegetation control permit to a person who holds a sign permit issued pursuant to ORS 377.700 to 377.844. A vegetation control permit authorizes the holder of the permit to control vegetation in the right of way of a state highway, in accordance with the provisions of this section, in order to keep the sign visible to the traveling public.

����� (2) The department may not issue a vegetation control permit for a scenic area as defined in ORS 377.505.

����� (3) The department may not issue a vegetation control permit for the right of way of a portion of state highway that is access controlled, or for which access rights have not accrued to the abutting property unless:

����� (a) Access to the right of way is from the abutting property; and

����� (b) The access does not breach, violate, destroy or otherwise diminish the effectiveness or purpose of fences or other physical barriers to the right of way.

����� (4) The department may charge a fee to the person issued a vegetation control permit under this section. The amount of the fee shall be determined by the department and shall be designed to recover the cost to the department of issuing the permit. [2001 c.508 �7]

����� 366.160 [Amended by 1967 c.454 �34; 1971 c.598 �5; 1973 c.249 �33; 1979 c.186 �11; repealed by 1989 c.345 �7; 1991 c.486 �2]

����� 366.161 Prevention of wildlife-vehicle collisions; coordination of efforts. (1) The Department of Transportation shall establish a program to reduce wildlife-vehicle collisions and promote public safety in priority areas where wildlife corridors identified in the Wildlife Corridor Action Plan by the State Department of Fish and Wildlife intersect with proposed or existing public roads.

����� (2) The program must include, but need not be limited to:

����� (a) Feasibility studies;

����� (b) Plans for creating or modifying road infrastructure in a manner that reduces wildlife-vehicle collisions and promotes public safety;

����� (c) Updates to wildlife guidance materials and standards, and to specifications of highways, to incorporate wildlife crossing and wildlife-vehicle collision reduction features into the design, construction and modification of highways;

����� (d) A training program, established in coordination with the State Department of Fish and Wildlife, that is designed to educate relevant Department of Transportation employees and other stakeholders on the interaction of transportation systems and infrastructure with wildlife and wildlife habitats; and

����� (e) A list of priority projects to reduce collisions between wildlife and vehicles that:

����� (A) Is developed jointly with the State Department of Fish and Wildlife, with opportunity for public input; and

����� (B) Is made publicly available on a website of the Department of Transportation.

����� (3) The program may include but need not be limited to the use of wildlife crossing structures and roadway fencing.

����� (4) To the extent practicable, the Department of Transportation shall coordinate with local governments, as defined in ORS 174.116, and the tribal governments for tribes and bands listed under ORS 172.110, to achieve the goals of the program described in this section.

����� (5) Under the program, and in coordination with the State Department of Fish and Wildlife, the Department of Transportation shall consider and, to the maximum extent feasible, plan for and incorporate measures and infrastructure to promote the avoidance, minimization and mitigation of impacts to wildlife corridor connectivity from the construction, improvement, operation and maintenance of transportation infrastructure throughout this state.

����� (6) Projects under the program that impact threatened or endangered species, or species of greatest conservation need as identified by the State Department of Fish and Wildlife, must include mitigation of impacts and crossing infrastructure, to the greatest extent feasible. [2019 c.272 �4; 2025 c.42 �1]

����� Note: 366.161 and 366.162 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 366.162 Prevention of wildlife-vehicle collisions; biennial report. (1) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245.

����� (2) The report must include, but not be limited to:

����� (a) Information concerning the number and types of wildlife corridor infrastructure projects that have been established, studied or planned;

����� (b) A description of a timeline for implementing the proposed and prioritized wildlife corridor infrastructure projects;

����� (c) An estimate of the costs and funding sources for proposed and prioritized wildlife corridor infrastructure projects;

����� (d) A description of actions the department has taken to secure funding for the program, including from all relevant federal grant opportunities and other public and private funding sources;

����� (e) A strategy for ongoing funding for the program, including department plans to:

����� (A) Ensure the existence of one or more dedicated funding sources that meet program needs; and

����� (B) Secure federal competitive grants;

����� (f) A description of the realized or expected effects of established, studied or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions; and

����� (g) A description of efforts and successes of the advisory group described in section 2, chapter 42, Oregon Laws 2025, including efforts and successes related to:

����� (A) Moneys directed to projects through public-private funding partnerships;

����� (B) Community and stakeholder engagement; and

����� (C) Addressing priority areas, as described in ORS 366.161 (1). [2019 c.272 �5; 2025 c.42 �4]

����� Note: The amendments to 366.162 by section 5, chapter 42, Oregon Laws 2025, become operative January 2, 2035. See section 6, chapter 42, Oregon Laws 2025. The text that is operative on and after January 2, 2035, is set forth for the user�s convenience. 366.162. (1) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245.

����� (2) The report must include, but not be limited to:

����� (a) Information concerning the number and types of wildlife corridor infrastructure projects that have been established, studied or planned;

����� (b) A description of a timeline for implementing the proposed and prioritized wildlife corridor infrastructure projects;

����� (c) An estimate of the costs and funding sources for proposed and prioritized wildlife corridor infrastructure projects;

����� (d) A description of actions the department has taken to secure funding for the program, including from all relevant federal grant opportunities and other public and private funding sources;

����� (e) A strategy for ongoing funding for the program, including department plans to:

����� (A) Ensure the existence of one or more dedicated funding sources that meet program needs; and

����� (B) Secure federal competitive grants; and

����� (f) A description of the realized or expected effects of established, studied or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions.

����� Note: See note under 366.161.

����� Note: Sections 2 and 3, chapter 42, Oregon Laws 2025, provide:

����� Sec. 2. (1) To inform the program described in ORS 366.161, the Department of Transportation and the State Department of Fish and Wildlife shall enter into a joint memorandum of understanding under which the agencies shall establish an advisory group for:

����� (a) Collaborating on the goals of the program;

����� (b) Coordinating the capacity, resources and fundraising opportunities and assistance;

����� (c) Sharing relevant science;

����� (d) Coordinating community outreach; and

����� (e) Assisting with identifying priority areas and priority projects to reduce wildlife-vehicle conflicts and improve habitat connectivity.

����� (2) The memorandum of understanding may designate a willing nongovernmental entity to serve as a neutral facilitator of the advisory group.

����� (3) The advisory group shall:

����� (a) Consist of diverse participants, such as participants from federal, state and local governments, academia and nonprofit organizations, as well as participants with biology and engineering backgrounds.

����� (b) Meet on a regular basis, and at least once annually through December 31, 2033.

����� (4) The Department of Transportation shall make available on a department website the materials from meetings of the advisory group and any recommendations from the advisory group. [2025 c.42 �2]

����� Sec. 3. Section 2 of this 2025 Act is repealed on January 2, 2035. [2025 c.42 �3]

����� 366.165 Revolving fund. (1) The revolving fund in the amount of $400,000 established by warrant drawn on any fund belonging to the state highway funds in favor of the Director of Transportation is continued.

����� (2) The revolving fund shall be deposited with the State Treasurer. The fund shall be at the disposal of the director. The director may designate persons authorized to pay claims from the fund and shall specify the maximum amount of money each designee may draw from the fund. The fund may be used:

����� (a) To pay salaries, travel expenses, compensation or payments for real property purchased or otherwise acquired, and emergency claims; or

����� (b) To secure or take advantage of trade discounts and to pay for services, materials and capital outlay.

����� (3) All vouchers for claims paid from the fund shall be approved by the director and audited by the fiscal officer of the Department of Transportation. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund. [Amended by 1957 c.9 �1; 1967 c.454 �35; 1969 c.87 �1; 1971 c.598 �6; 1973 c.249 �34; 1979 c.186 �12; 1987 c.265 �1; 1993 c.741 �37]

����� 366.170 [Amended by 1973 c.249 �35; repealed by 1993 c.741 �147]

����� 366.175 [Amended by 1959 c.611 �1; renumbered 390.120]

����� 366.180 [Amended by 1959 c.611 �2; renumbered 390.130]

����� 366.182 [1959 c.611 ��5,6; renumbered

ORS 186.520

186.520���� Compact provisions

Note��� The following list of official designations is provided for the user�s convenience.

OFFICIAL DESIGNATIONS

Agness, Bend, Corvallis, Eugene, Hood River, Jordan Valley, Medford, Richland, Oakridge, Portland, Salem and The Dalles designated as �Medal of Honor� communities or cities, HCR 1 (2017)

Beaver declared to be official animal, SJR 1 (1969)

Brewer�s yeast declared to be official microbe, HCR 12 (2013)

Chinook salmon declared to be official fish, SJR 26 (1961)

Clatsop Community College designated as Oregon�s Maritime Training College, SR 201 (2014)

Douglas fir declared to be official tree, HCR 5 (1939)

Dungeness crab declared to be official crustacean, HJR 37 (2009)

Happy Canyon Indian Pageant and Wild West Show designated as official outdoor pageant and wild west show, SCR 2 (2011)

Hazelnut recognized as official nut, SCR 5 (1989)

Jory soil designated as official soil, HCR 3 (2011)

Marionberry pie designated as official pie, HCR 19 (2017)

Metasequoia declared to be official fossil, HJR 3 (2005)

Milk recognized as and designated to be official beverage, SJR 8 (1997)

Miss Oregon designated to be official hostess, HCR 6 (1969)

National Honor and Remember Flag for fallen members of armed forces designated as official honor and remember flag, SCR 15 (2011)

Newberg recognized as Camellia City, SCR 26 (2017)

Oregon designated as Purple Heart State, HCR 30 (2015)

Oregon grape declared to be official flower, SCR 4 (1899)

�Oregon, My Oregon� adopted as state song, SJR 3 (1927); lyrics modified, HCR 11 (2021)

Oregon Triton declared to be official shell, HCR 9 (1989)

Oregonite and josephinite declared to be official twin minerals, SCR 14 (2013)

Osprey designated as official raptor, SCR 18 (2017)

Pacific golden chanterelle recognized as and designated to be official mushroom, HJR 68 (1999)

Pear declared to be official fruit, HJR 8 (2005)

Portland Trail Blazers of 1990-1991 declared to be official team, HCR 10 (1991)

Potato designated as official vegetable, SCR 3 (2023)

Reedsport designated as chainsaw carving capital, HCR 4 (2011)

Rescued shelter dogs and cats designated as official pet, HCR 8 (2023)

Square dance declared to be official dance, SCR 8 (1977)

Sunstone declared to be official gemstone, HJR 4 (1987)

Swallowtail butterfly declared to be official insect, SCR 6 (1979)

Tartan with Secretary of State registration number 36406 and Scottish Tartans Authority ITI number 5743 recognized and designated as official tartan, HCR 13 (2017)

T-bone designated as official steak, SCR 13 (2025)

Thunderegg declared to be official rock, SJR 18 (1965)

Western meadowlark designated as official songbird, SCR 18 (2017)

STATE EMBLEMS

����� 186.010 State flag; official colors. (1) A state flag is adopted to be used on all occasions when the state is officially and publicly represented, with the privilege of use by all citizens upon such occasions as may be fitting and appropriate. It shall bear on one side on a navy blue field the state escutcheon in gold, supported by 33 gold stars and bearing above the escutcheon the words �State of Oregon� in gold and below the escutcheon the figures �1859� in gold, and on the other side on a navy blue field a representation of the beaver in gold.

����� (2) The official colors of the State of Oregon are navy blue and gold. [Amended by 1959 c.120 �1]

����� 186.020 Description of state seal. The description of the seal of the State of Oregon shall be an escutcheon, supported by 33 stars, and divided by an ordinary, with the inscription, �The Union.� In chief � mountains, an elk with branching antlers, a wagon, the Pacific Ocean, on which there are a British man-of-war departing and an American steamer arriving. The second � quartering with a sheaf, plow and a pickax. Crest � The American eagle. Legend � State of Oregon, 1859.

����� 186.023 Improper use of state seal. (1) Except as authorized by the Secretary of State, no person shall knowingly use any device, or possess any device capable of such use, to emboss upon a document the seal of the State of Oregon described in ORS 186.020.

����� (2) No person shall use any reproduction of the seal of the State of Oregon:

����� (a) In any manner falsely implying official indorsement or sponsorship by the State of Oregon or any of its agencies of any product, business, service or other activity; or

����� (b) In any manner that subjects or exposes the seal of the State of Oregon to ridicule, debasement or infamy. [1983 c.325 �1]

����� 186.025 Injunction and civil penalties for improper use of seal; notice; hearing; judicial review. (1) In addition to any other liability or penalty provided by law, the Secretary of State may do one or both of the following:

����� (a) Petition the circuit court to enjoin violation of ORS 186.023; or

����� (b) Pursuant to a hearing, issue an order imposing a civil penalty upon a person for any violation of ORS 186.023.

����� (2) A civil penalty may only be imposed under this section pursuant to ORS 183.745.

����� (3) The Secretary of State may assess a civil penalty under this section not exceeding $500. The Secretary of State may remit or reduce any penalty imposed under this section upon such terms and conditions as the Secretary of State considers proper and consistent with the protection of the integrity of the seal of the State of Oregon. In imposing any penalty under this section, the Secretary of State shall consider the following factors:

����� (a) Prior violations, if any, of the person under ORS 186.023;

����� (b) The economic and financial conditions of the person; and

����� (c) Whether and to what extent the seal or reproduction thereof was used or possessed for deceptive or fraudulent purposes.

����� (4) In any judicial review of civil penalties imposed under this section, the court, in its discretion, may reduce the penalty.

����� (5) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [1983 c.325 �2; 1989 c.706 �9; 1991 c.734 �10]

����� 186.030 Record of description. The description in writing of the seal of this state shall be deposited and recorded in the office of the Secretary of State, and shall remain a public record.

����� 186.040 State motto. The motto of the State of Oregon is �Alis Volat Propriis,� translated from Latin as �She Flies With Her Own Wings.� [1957 c.355 �1; 1987 c.848 �1]

����� 186.110 Display of state flag and POW/MIA flag on public buildings. (1) The person or body having custody of each public building shall procure an Oregon State flag of suitable size and a National League of Families� POW/MIA flag of suitable size and shall cause the Oregon State flag and the POW/MIA flag to be displayed with the United States flag upon or near the public building during the hours when the United States flag is customarily displayed, except in unsuitable weather, and at such other times as seems proper.

����� (2) Notwithstanding subsection (1) of this section, this section requires the procurement and display of a National League of Families� POW/MIA flag only with respect to a public building that has existing flagpoles or other infrastructure installed to properly display all three flags described in this section simultaneously, except that:

����� (a) Any public building described in subsection (3)(a), (b) or (c) of this section that is newly constructed after January 1, 2016, shall include sufficient infrastructure to properly display all three flags simultaneously; and

����� (b) Any public building described in subsection (3)(d) of this section that is newly constructed on or after January 1, 2018, shall include sufficient infrastructure to properly display all three flags simultaneously.

����� (3) As used in this section, �public building� means:

����� (a) State institutions.

����� (b) All other state buildings upon which the Oregon Department of Administrative Services determines it is suitable to display the Oregon State flag and the National League of Families� POW/MIA flag.

����� (c) County courthouses.

����� (d) All other county, municipal, school district and special district buildings upon which or near which it is customary and suitable to display the United States flag. [1953 c.474 ��1,2; 2015 c.185 �1; 2017 c.269 �1]

����� 186.120 Payment of expenses incurred in displaying flag. The necessary funds to defray the expenses incurred for such flags and for poles and appliances necessary in connection therewith and for the care thereof shall be paid out of the funds available for the care and maintenance of the public building. [1953 c.474 �3]

����� 186.130 Champoeg Historical Pageant as official statehood pageant. (1) The Champoeg Historical Pageant is proclaimed to be the official pageant of Oregon statehood.

����� (2) The State Parks and Recreation Department shall encourage the further development of the pageant and promote increased attendance at its performances. [1987 c.831 �2; 1989 c.904 �51]

STATE BOUNDARY COMPACT

����� 186.510 Oregon-Washington Columbia River Boundary Compact adopted. The Legislative Assembly of the State of Oregon hereby ratifies the Oregon-Washington Columbia River Boundary Compact set forth in ORS 186.520, and the provisions of such compact hereby are declared to be the law of this state upon such compact becoming operative as provided in Article III of the compact. [1957 c.94 �1]

����� 186.520 Compact provisions. The provisions of the Oregon-Washington Columbia River Boundary Compact are as follows:

ARTICLE I.

PURPOSE

����� The boundary between the States of Oregon and Washington along the course of the Columbia River has not been easy to ascertain because of changes in the main channel of the river with a result that a state of confusion and dispute exists and the enforcement and administration of the laws of the two states has been rendered difficult.

����� The purpose of this compact is to fix with precision by reference to stations of longitude and latitude the boundary between the States of Oregon and Washington from one marine league due west of the mouth of the Columbia River to the most easterly point at which the 46th parallel of north latitude crosses said river, at which point the river ceases to form the boundary between the two states.

ARTICLE II.

DESCRIPTION

����� The boundary between the States of Oregon and Washington from one marine league due west of the mouth of the Columbia River to the point at which the last described point number of the boundary as herein determined meets the 46th parallel of north latitude at 118�59�10�.12 of the west longitude shall be as follows:

����� Beginning one marine league at sea off the mouth of the Columbia River at north latitude 46�15�00�.00; running thence due east to point number 1 of this description, which point is at north latitude 46�15�00�.00, west longitude 124�05�00�.00; thence from point number 1 continuing upstream in the channel of the Columbia River by a series of straight lines connecting the following numbered and described points in consecutive order.

����� Point���������� North����������������������� West

����� Number����� Latitude������������������ Longitude

����� 1����������������� 46�15�00�.00���������� 124�05�00�.00

����� 2����������������� 46�15�51�.00���������� 124�02�02�.75

����� 3����������������� 46�16�17�.00���������� 124�01�45�.80

����� 4����������������� 46�16�59�.50���������� 124�02�14�.40

����� 5����������������� 46�17�28�.00���������� 124�02�07�.00

����� 6����������������� 46�17�33�.25���������� 124�01�12�.25

����� 7����������������� 46�16�41�.50���������� 124�00�00�.00

����� 8����������������� 46�16�03�.00���������� 123�58�11�.80

����� 9����������������� 46�14�19�.80���������� 123�55�42�.00

����� 10��������������� 46�14�06�.00���������� 123�52�14�.50

����� 11��������������� 46�16�09�.50���������� 123�44�20�.50

����� 12��������������� 46�15�01�.00���������� 123�41�12�.70

����� 13��������������� 46�15�33�.30���������� 123�38�52�.80

����� 14��������������� 46�15�23�.90���������� 123�35�05�.00

����� 15��������������� 46�15�38�.00���������� 123�32�23�.00

����� 16��������������� 46�16�14�.60���������� 123�30�00�.00

����� 17��������������� 46�15�46�.70���������� 123�27�51�.40

����� 18��������������� 46�14�23�.50���������� 123�25�51�.60

����� 19��������������� 46�13�10�.50���������� 123�25�20�.50

����� 20��������������� 46�11�29�.00���������� 123�25�43�.60

����� 21��������������� 46�10�47�.80���������� 123�25�38�.00

����� 22��������������� 46�09�01�.00���������� 123�23�21�.50

����� 23��������������� 46�08�33�.00���������� 123�18�45�.60

����� 24��������������� 46�09�04�.50���������� 123�15�47�.20

����� 25��������������� 46�10�00�.00���������� 123�13�51�.20

����� 26��������������� 46�11�20�.80���������� 123�09�55�.50

����� 27��������������� 46�11�11�.30���������� 123�07�10�.90

����� 28��������������� 46�09�40�.00���������� 123�04�23�.50

����� 29��������������� 46�09�24�.00���������� 123�03�22�.40

����� 30��������������� 46�08�38�.40���������� 123�02�00�.00

����� 31��������������� 46�08�06�.00���������� 123�00�16�.00

����� 32��������������� 46�06�20�.02���������� 122�57�44�.28

����� 33��������������� 46�06�17�.36���������� 122�57�38�.295

����� Description of Location of Point Number 33: A point on the center line of the Longview Bridge at center of main span.

����� 34��������������� 46�06�14�.71���������� 122�57�32�.31

����� 35��������������� 46�05�02�.70���������� 122�54�11�.00

����� 36��������������� 46�03�37�.50���������� 122�52�59�.50

����� 37��������������� 46�01�53�.50���������� 122�52�35�.50

����� 38��������������� 46�00�52�.25���������� 122�51�17�.20

����� 39��������������� 45�58�52�.00���������� 122�50�11�.80

����� 40��������������� 45�57�40�.00���������� 122�48�46�.80

����� 41��������������� 45�55�57�.00���������� 122�48�18�.00

����� 42��������������� 45�54�47�.00���������� 122�48�36�.75

����� 43��������������� 45�53�05�.00���������� 122�47�48�.30

����� 44��������������� 45�52�06�.00���������� 122�47�01�.50

����� 45��������������� 45�50�40�.00���������� 122�47�04�.50

����� 46��������������� 45�49�31�.20���������� 122�47�41�.00

����� 47��������������� 45�48�37�.00���������� 122�47�40�.00

����� 48��������������� 45�46�51�.00���������� 122�46�06�.30

����� 49��������������� 45�45�34�.20���������� 122�45�37�.00

����� 50��������������� 45�44�04�.70���������� 122�45�32�.00

����� 51��������������� 45�42�05�.00���������� 122�46�16�.00

����� 52��������������� 45�40�50�.80���������� 122�46�24�.00

����� 53��������������� 45�39�26�.75���������� 122�45�46�.00

����� 54��������������� 45�38�40�.00���������� 122�44�13�.00

����� 55��������������� 45�38�17�.00���������� 122�42�47�.50

����� 56��������������� 45�37�35�.37���������� 122�41�35�.14

����� 57��������������� 45�37�29�.47���������� 122�41�23�.855

����� Description of Location of Point Number 57: A point on the center line of Northern Pacific Railroad Bridge across Columbia River, which point is at center of 3rd pier south of the draw span.

����� 58��������������� 45�37�26�.52���������� 122�41�18�.215

����� 59��������������� 45�37�07�.85���������� 122�40�33�.42

����� 60��������������� 45�37�05�.938�������� 122�40�26�.939

����� Description of Location of Point Number 60: A point on the center line of the west highway bridge crossing the Columbia River between Portland, Oregon, and Vancouver, Washington, said point being 12.0 ft. south from the center of pier No. 6 of said bridge.

����� 61��������������� 45�37�05�.62���������� 122�40�25�.86

����� Description of Location of Point Number 61: A point on the center line of the east highway bridge crossing the Columbia River between Portland, Oregon, and Vancouver, Washington, said point being 12.0 ft. south from the center of pier No. 6 of said bridge.

����� 62��������������� 45�37�03�.71���������� 122�40�19�.38

����� 63��������������� 45�36�34�.00���������� 122�38�27�.00

����� 64��������������� 45�36�29�.80���������� 122�36�21�.30

����� 65��������������� 45�36�20�.00���������� 122�35�20�.00

����� 66��������������� 45�35�47�.90���������� 122�32�48�.00

����� 67��������������� 45�35�23�.50���������� 122�31�24�.20

����� 68��������������� 45�35�01�.00���������� 122�29�30�.00

����� 69��������������� 45�34�42�.80���������� 122�28�20�.50

����� 70��������������� 45�34�03�.00���������� 122�27�09�.30

����� 71��������������� 45�33�49�.00���������� 122�26�15�.80

����� 72��������������� 45�34�03�.30���������� 122�24�36�.50

����� 73��������������� 45�34�29�.50���������� 122�23�25�.80

����� 74��������������� 45�34�33�.40���������� 122�22�44�.00

����� 75��������������� 45�34�10�.00���������� 122�21�04�.00

����� 76��������������� 45�32�55�.20���������� 122�19�49�.00

����� 77��������������� 45�32�38�.00���������� 122�17�43�.70

����� 78��������������� 45�32�38�.80���������� 122�15�56�.70

����� 79��������������� 45�33�03�.25���������� 122�14�24�.50

����� 80��������������� 45�33�55�.00���������� 122�11�58�.50

����� 81��������������� 45�34�37�.00���������� 122�10�54�.00

����� 82��������������� 45�35�03�.00���������� 122�08�25�.50

����� 83��������������� 45�34�53�.40���������� 122�06�40�.00

����� 84��������������� 45�35�00�.00���������� 122�06�02�.00

����� 85��������������� 45�36�35�.00���������� 122�02�35�.00

����� 86��������������� 45�36�53�.80���������� 122�01�11�.50

����� 87��������������� 45�36�58�.00���������� 122�00�08�.50

����� 88��������������� 45�37�23�.00���������� 121�58�54�.50

����� 89��������������� 45�37�59�.00���������� 121�57�42�.80

����� 90��������������� 45�38�37�.50���������� 121�57�16�.50

����� 91��������������� 45�38�42�.00���������� 121�57�01�.80

����� 92��������������� 45�38�40�.35���������� 121�56�37�.34

����� 93��������������� 45�38�40�.13���������� 121�56�22�.57

����� Description of Location of Point Number 93: A point at the intersection of the axis of Bonneville Dam and the center line of center pier of the spillway of said dam.

����� 94��������������� 45�38�39�.82���������� 121�56�01�.46

����� 95��������������� 45�39�17�.00���������� 121�54�25�.00

����� 96��������������� 45�39�43�.85���������� 121�53�58�.48

����� Description of Location of Point Number 96: A point on center line of bridge at Cascade Locks, known as �The Bridge of the Gods� and in the center of the main span of said bridge.

����� 97��������������� 45�39�44�.81���������� 121�53�58�.16

����� 98��������������� 45�39�45�.77���������� 121�53�57�.84

����� 99��������������� 45�40�15�.00���������� 121�54�02�.00

����� 100������������� 45�41�36�.80���������� 121�51�57�.00

����� 101������������� 45�42�24�.75���������� 121�48�36�.00

����� 102������������� 45�41�39�.00���������� 121�44�02�.00

����� 103������������� 45�41�42�.00���������� 121�42�22�.00

����� 104������������� 45�42�19�.00���������� 121�40�02�.00

����� 105������������� 45�42�17�.50���������� 121�37�48�.50

����� 106������������� 45�43�36�.00���������� 121�31�54�.30

����� 107������������� 45�43�15�.275�������� 121�29�52�.445

����� 108������������� 45�43�07�.02���������� 121�29�36�.615

����� Description of Location of Point Number 108: A point on the center line of the Hood River Bridge at the center of the draw span of said bridge.

����� 109������������� 45�43�04�.075�������� 121�29�30�.96

����� 110������������� 45�42�05�.20���������� 121�27�41�.80

����� 111������������� 45�41�39�.25���������� 121�25�22�.00

����� 112������������� 45�41�35�.00���������� 121�24�02�.00

����� 113������������� 45�42�11�.50���������� 121�22�17�.00

����� 114������������� 45�42�18�.00���������� 121�20�11�.50

����� 115������������� 45�42�00�.00���������� 121�18�40�.00

����� 116������������� 45�41�13�.30���������� 121�17�10�.00

����� 117������������� 45�40�40�.50���������� 121�14�52�.00

����� 118������������� 45�40�17�.00���������� 121�12�52�.50

����� 119������������� 45�39�00�.00���������� 121�11�57�.00

����� 120������������� 45�37�47�.00���������� 121�11�38�.40

����� 121������������� 45�37�00�.25���������� 121�11�43�.00

����� 122������������� 45�36�23�.80���������� 121�10�57�.00

����� 123������������� 45�36�22�.50���������� 121�10�00�.00

����� 124������������� 45�36�29�.175�������� 121�08�39�.84

����� 125������������� 45�36�40�.89���������� 121�08�22�.135

����� Description of Location of Point Number 125: A point on the center line of The Dalles Bridge across the Columbia River at the center of the main span of said bridge.

����� 126������������� 45�36�43�.94���������� 121�08�17�.53

����� 127������������� 45�36�35�.69���������� 121�07�50�.34

����� 128������������� 45�36�58�.44���������� 121�07�16�.41

����� 129������������� 45�37�06�.095�������� 121�06�57�.58

����� 130������������� 45�37�14�.85���������� 121�07�02�.75

����� Description of Location of Point Number 130: A point on the axis of The Dalles Dam at Station 48 + 79 of the center line survey of said dam.

����� 131������������� 45�37�23�.97���������� 121�07�08�.14

����� 132������������� 45�38�53�.13���������� 121�05�01�.25

����� 133������������� 45�39�09�.54���������� 121�03�47�.51

����� 134������������� 45�39�04�.04���������� 121�01�57�.51

����� 135������������� 45�39�12�.08���������� 121�00�22�.28

����� 136������������� 45�38�54�.66���������� 120�58�56�.33

����� 137������������� 45�38�55�.91���������� 120�58�49�.52

����� Description of Location of Point Number 137: A point on the center line of the Oregon Trunk Railroad Bridge and in the center of the 4th pier from the north end of said bridge.

����� 138������������� 45�38�58�.405�������� 120�58�35�.90

����� 139������������� 45�39�24�.84���������� 120�57�06�.97

����� 140������������� 45�39�23�.58���������� 120�56�34�.22

����� 141������������� 45�38�24�.54���������� 120�54�44�.75

����� 142������������� 45�38�35�.09���������� 120�53�40�.72

����� 143������������� 45�40�18�.79���������� 120�51�15�.26

����� 144������������� 45�41�11�.69���������� 120�47�14�.64

����� 145������������� 45�42�19�.71���������� 120�43�38�.83

����� 146������������� 45�42�42�.58���������� 120�42�10�.70

����� 147������������� 45�42�57�.18���������� 120�41�18�.11

����� 148������������� 45�43�48�.14���������� 120�40�05�.19

����� 149������������� 45�44�45�.12���������� 120�38�01�.97

����� 150������������� 45�44�47�.00���������� 120�37�17�.91

����� 151������������� 45�44�47�.99���������� 120�35�23�.91

����� 152������������� 45�44�18�.49���������� 120�33�29�.23

����� 153������������� 45�42�37�.59���������� 120�31�17�.65

����� 154������������� 45�42�00�.37���������� 120�30�16�.48

����� 155������������� 45�41�40�.42���������� 120�28�53�.22

����� 156������������� 45�41�58�.55���������� 120�24�08�.96

����� 157������������� 45�42�41�.66���������� 120�19�30�.62

����� 158������������� 45�43�16�.74���������� 120�16�56�.18

����� 159������������� 45�43�33�.84���������� 120�12�34�.62

����� 160������������� 45�45�43�.67���������� 120�10�10�.01

����� 161������������� 45�46�24�.09���������� 120�08�25�.17

����� 162������������� 45�47�07�.10���������� 120�04�08�.70

����� 163������������� 45�48�26�.17���������� 120�00�49�.27

����� 164������������� 45�49�28�.29���������� 119�57�52�.64

����� 165������������� 45�49�41�.97���������� 119�54�21�.95

����� 166������������� 45�50�25�.18���������� 119�50�53�.51

����� 167������������� 45�50�52�.00���������� 119�48�05�.62

����� 168������������� 45�50�45�.15���������� 119�46�18�.16

����� 169������������� 45�51�25�.40���������� 119�40�07�.80

����� 170������������� 45�54�20�.70���������� 119�37�20�.96

����� 171������������� 45�55�10�.82���������� 119�35�58�.28

����� 172������������� 45�55�32�.25���������� 119�34�13�.67

����� 173������������� 45�54�31�.37���������� 119�31�24�.18

����� 174������������� 45�54�23�.43���������� 119�29�13�.01

����� 175������������� 45�55�03�.10���������� 119�26�57�.35

����� 176������������� 45�55�18�.10���������� 119�21�48�.12

����� 177������������� 45�55�51�.37���������� 119�19�52�.71

����� 178������������� 45�55�54�.48���������� 119�19�39�.28

����� Description of Location of Point Number 178: A point on the center line of the Umatilla Bridge at center of the north main span of said bridge.

����� 179������������� 45�55�59�.59���������� 119�19�17�.20

����� 180������������� 45�56�10�.26���������� 119�17�47�.60

����� Description of Location of Point Number 180: A point on the axis of McNary Dam at the north face of the south nonoverflow section.

����� 181������������� 45�56�15�.24���������� 119�17�05�.76

����� 182������������� 45�56�24�.05���������� 119�15�21�.40

����� 183������������� 45�55�58�.60���������� 119�13�28�.22

����� 184������������� 45�55�40�.97���������� 119�11�39�.82

����� 185������������� 45�55�40�.26���������� 119�10�05�.04

����� 186������������� 45�55�58�.55���������� 119�07�30�.72

����� 187������������� 45�56�34�.25���������� 119�05�32�.00

����� 188������������� 45�57�31�.28���������� 119�03�37�.36

����� 189������������� 45�58�09�.33���������� 119�01�33�.95

����� 190������������� 45�58�45�.73���������� 119�00�27�.12

����� 191������������� 45�00�00�.00���������� 118�59�10�.12

ARTICLE III.

RATIFICATION AND EFFECTIVE DATE

����� This compact shall become operative when it has been ratified by the legislatures of the States of Oregon and Washington and approved by the Congress of the United States and the Constitutions of the States of Oregon and Washington have been amended to authorize the establishment of the boundary as herein provided.

[1957 c.94 �2]

����� Note: The descriptions of the locations of points in Article II of the compact are as of 1957.

For ratification of compact by Washington legislature see chapter 90, Laws of 1957, (RCW 43.58.050�RCW 43.58.090), effective March 13, 1957.

For amendment to Washington Constitution authorizing establishment of boundary as provided in compact see Amendment 33 to Article XXIV, �1, Washington Constitution, approved November 4, 1958, and proclaimed December 4, 1958, by Governor to be approved.

For approval of compact by Congress see Public Law 85-575, dated July 31, 1958, 72 Stat. 455 (1958).

Effective date of Oregon constitutional amendment (Const. Art. XVI) authorizing establishment of boundary as provided in compact is December 3, 1958.

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 190.600

190.600]

����� 221.894 [1955 c.561 �1; repealed by 1957 c.241 �1]

����� 221.896 [1955 c.561 �2; repealed by 1957 c.241 �1]

����� 221.898 [1955 c.561 �3; repealed by 1957 c.241 �1]

����� 221.900 [1955 c.561 �4; repealed by 1957 c.241 �1]

THE 1893 INCORPORATION ACT

����� 221.901 Cities organized under 1893 Act; officers; �city� defined for ORS 221.901 to 221.928. (1) The officers of every municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be a mayor, six alderpersons, a recorder, who shall be ex officio clerk of the common council, a marshal, a treasurer and such subordinate officers as are provided in ORS 221.902.

����� (2) Unless the context indicates otherwise, �city� as used in ORS 221.901 to 221.928 includes any area or territory incorporated under sections 1 to 6, pages 119 to 123, Oregon Laws 1893. [Amended by 2003 c.14 �104]

����� 221.902 City officers; elective; appointive; terms. (1) The mayor, alderpersons, recorder, treasurer, and marshal of a municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be elected to two-year terms by the electors of the city. Each term of office commences on the first Monday in January next following the general election and expires on the day immediately preceding the first Monday in January next following the subsequent general election.

����� (2) The council may appoint an attorney, a superintendent of streets, a civil engineer, a municipal judge and police and other subordinate officers, and fix their compensation. These officers shall hold office during the pleasure of the council. [Amended by 1981 c.173 �8; 1983 c.350 �29; 1999 c.788 �53; 2003 c.14 �105]

����� 221.903 Bond and oath of officers. The recorder, treasurer and marshal mentioned in ORS 221.902 shall, before entering upon the duties of their respective offices, each execute a bond to the city in such penal sum as the council by ordinance may determine upon, conditioned for the faithful performance of duties, including in the same bond the duties of all offices of which the recorder, treasurer or marshal is ex officio incumbent under ORS 221.901 to 221.928. The bond shall be approved by the council before the officer enters upon the discharge of duties. The bonds when approved shall be filed with the recorder, except the bond of the recorder, which shall be filed with the mayor. All the provisions of any law of this state relating to official bonds of officers shall apply to such bonds, except as otherwise provided in ORS 221.901 to 221.928. Every officer of the city, before entering upon the duties of office, shall take and file with the recorder an oath to honestly and faithfully discharge the duties of office, and that the officer will support the laws and Constitution of this state and of the United States to the best of the ability of the officer.

����� 221.904 Vacancies. (1) The council shall fill any vacancy occurring in any of the offices provided for in ORS 221.902 by appointment.

����� (2) If the office is elective, the appointee shall hold office until the first Monday in January after the general election next following the appointment. At the general election next following the appointment, a person shall be elected to serve any remaining portion of the term. A person elected under this subsection shall take office on the first Monday in January after the election.

����� (3) If a council member is absent for three consecutive meetings without permission of the council, the council shall declare the office vacant and fill the office by appointment. [Amended by 1983 c.350 �30]

����� 221.905 Compensation of city officers. The mayor and alderpersons mentioned in ORS 221.902 shall receive no compensation whatever for their services as such officers. The recorder, treasurer, marshal, police and other subordinate officers shall severally receive at stated times compensation to be fixed by ordinance by the council, which compensation shall not be increased nor diminished after their election, or during their several terms of office. Nothing contained in this section shall be construed to prevent the council from fixing several amounts of compensation, in the first instance, during the term of office of any such officer after the election of the officer. The compensation of all other officers shall be fixed from time to time by ordinance, duly passed by the council. [Amended by 2003 c.14 �106]

����� 221.906 Election procedure generally. All elections in a city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be governed by ORS chapters 246 to 260. [Amended by 1983 c.350 �31]

����� 221.907 Eligibility for office. No person shall be eligible to or hold any elective or appointive office in a city referred to in ORS 221.906 unless the person is a resident and an elector of the city. [Amended by 1983 c.83 �22]

����� 221.908 Council meetings; notice; place of meetings. The council shall meet the second Tuesday in January succeeding each general municipal election and take the oath of office. The council shall hold regular meetings at least once in each month at such times as the council shall fix by ordinance. Special meetings may be called at any time by the mayor or by three councillors, by written notice delivered to each member then present within the city at least three hours before the time specified for the proposed meeting, which notice shall specify the object and purpose of such special meeting. No other business shall be transacted at any special meeting than that named in said notice and appurtenant thereto. All meetings of the council shall be public and held within the corporate limits of the city at such place as may be designated by ordinance. [Amended by 2003 c.14 �107]

����� 221.909 Council meetings; attendance; records. At any meeting of the council a majority of the councillors shall constitute a quorum for the transaction of business. A less number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The mayor shall preside at all meetings of the council when present, and in case of the absence of the mayor the council may appoint a mayor pro tempore. In case of the absence of the recorder, the mayor or presiding officer pro tempore shall appoint one of the members of the council recorder pro tempore. The person appointed to act as presiding officer during the absence of the mayor shall not be required to take the oath of office, but the records of the council shall show who is appointed to serve pro tempore at any meeting. [Amended by 2003 c.14 �108]

����� 221.910 Council to judge qualifications of members. The council shall judge the qualifications of its members. [Amended by 1983 c.350 �32]

����� 221.911 Rules on council�s granting franchise or payment of money. No ordinance or resolution granting any franchise for any purpose shall be passed by the council on the day of its introduction nor within five days thereafter, nor at any other than a regular meeting. No resolution or order for the payment of money shall be passed at any other time than at a regular meeting. No such ordinance, resolution or order shall have any validity, unless passed by the votes of at least three councillors. In case all the councillors are present and equally divided upon any question, the mayor shall have the deciding vote. [Amended by 2003 c.14 �109]

����� 221.912 Procedures applicable to ordinances. The enacting clause of all ordinances shall be as follows: �Be it ordained by the common council of the city or town (as the case may be) of ______.� Every ordinance shall be signed by the mayor, or passed over the veto of the mayor, and attested by the recorder. A copy of the ordinance shall be published at least once in a newspaper published in such city; or, in lieu of such publication, three copies thereof shall be posted in at least three public places therein before it becomes a law.

����� 221.913 Claims against cities; how presented and paid. (1) All claims and demands against any city referred to in ORS 221.906 shall be presented to and audited by the council in accordance with such regulations as it may by ordinance prescribe. Upon the allowance of any such claim or demand, the recorder shall draw a warrant upon the treasurer for the sum, which warrant shall be countersigned by the mayor, and shall specify for what purpose the same is drawn.

����� (2) No claim against the city shall be paid until it is audited and allowed by the council and then only by a warrant drawn upon the treasurer by the recorder, countersigned by the mayor.

����� 221.914 Prosecution for violation of ordinance; place of imprisonment; city liable for expenses. (1) The violation of any ordinance of a city referred to in ORS 221.906 shall be deemed a misdemeanor and may be prosecuted by the authorities of such city in the name of the people of such city, or may be redressed by civil action, suit or proceeding, at the option of said authorities.

����� (2) Any person sentenced to imprisonment for the violation of an ordinance may be imprisoned in the jail of such city; or, if the council by ordinance so prescribes, in the county jail of the county in which such city is situated, in which case the expense of imprisonment shall be a charge in favor of such county and against such city. Before any such person can be imprisoned in the county jail, the consent of the county court shall be first obtained.

����� 221.915 Nuisance defined. Every act or thing done, or anything existing within the limits of any city referred to in ORS 221.906, which is or may be declared by any law of this state or by any ordinance of such city to be a nuisance, hereby is declared to be a nuisance, and shall be considered and treated as such in all actions, suits and proceedings whatsoever, unless such law or ordinance is declared void by a court of competent jurisdiction.

����� 221.916 Powers of common council. (1) The mayor and alderpersons shall compose the common council of any city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893. At any regular council meeting, the common council may:

����� (a) Provide for lighting the streets and furnishing such city and its inhabitants with gas or other lights, and with pure and wholesome water. For such purpose it may construct such water, gas or other works, within or without the city limits, as may be necessary or convenient therefor. It may allow the use of the city streets and alleys to any person, company or corporation who may desire to establish works for supplying the city and inhabitants thereof with such water or lights upon such reasonable terms and conditions as the common council may prescribe.

����� (b) Permit, allow and regulate the laying down of tracks for streetcars and other railroads upon such streets as the common council may designate, and upon such terms and conditions as the common council may prescribe.

����� (c) Allow and regulate the erection and maintenance of poles, or poles and wires, for telegraph, telephone, electric light or other purposes, upon or through the streets, alleys or public grounds of such city.

����� (d) Permit and regulate the use of alleys, streets and public grounds of the city for laying down or repairing gas and water mains, for building and repairing sewers and for erecting gas or other lights.

����� (e) Preserve the streets, lights, side and crosswalks, bridges and public grounds from injury, prevent the unlawful use of the same and regulate their use.

����� (f) Fix the maximum rate of wharfage, rates for gas or other lights, rates for carrying passengers on street railways and water rates. No city shall ever deprive itself of the right through its common council of regulating and adjusting any such rates, so that the same shall be reasonable for the service rendered, at least once in any period of two years.

����� (g) License, tax, regulate, restrain and prohibit barrooms and tippling houses, and all places where spirituous, vinous or malt liquors are sold, or in any manner disposed of contrary to law. No license shall be issued for a lesser sum than that provided by law.

����� (h) Prevent and suppress gaming and gambling houses, and all games of chance, including lotteries and pool selling.

����� (i) Prevent and suppress bawdyhouses, lewd and lascivious cohabitation, opium-smoking houses and places occupied or kept therefor.

����� (j) License, regulate and control any lawful business, trade, occupation, profession or calling, carried on or conducted within the corporate limits of any such city.

����� (k) Suppress and prohibit anything that is injurious to the public morals, public safety or public health of the inhabitants of any such city. The common council may define, suppress and prohibit nuisances of every kind, including those arising out of the receipt, sale or disposal of intoxicating liquor in violation of law.

����� (L) Regulate, suppress and prohibit the running at large within the corporate limits of any and all domestic animals, including fowls, and provide for the impoundment and sale, after notice, of such animals.

����� (m) Exercise any and all police regulations concerning the public morals, public safety, public health and public convenience of the inhabitants of any such city.

����� (n) Provide for the surveying of blocks and streets of the city and for marking the boundary lines of such blocks and streets, and the establishing of grades of the streets, sidewalks and crosswalks.

����� (o) Prevent and punish trespass on real and personal property within the corporate limits of such city.

����� (p) Make bylaws and ordinances not inconsistent with the laws of the United States or of this state to carry into effect the provisions of ORS 221.901 to 221.928.

����� (q) Provide, in addition to such action as may be appropriate to carry into full effect the object to be achieved, for the punishment of persons violating any bylaws or ordinances by fine or imprisonment, or both, and the working of such persons on the city streets or at any other work.

����� (2) Nothing contained in ORS 221.901 to 221.928 shall be so construed as to oust the state courts of jurisdiction to indict or punish persons for offenses against any law of the state committed within the limits of any such city. [Amended by 2003 c.14 �110; 2005 c.22 �165; 2011 c.597 �171]

����� 221.917 Functions and duties of mayor. The mayor is the executive officer of any city referred to in ORS 221.902 and must exercise a careful supervision over its general affairs and subordinate officers. The mayor shall at least once each year state to the council by message the condition, financial and otherwise, of the city, and recommend such measures for the peace, health, improvement and prosperity of the city as the mayor may deem expedient. The mayor shall perform such other duties as may be required by ORS 221.901 to 221.928 or by city ordinances.

����� 221.918 Duties of recorder. The recorder referred to in ORS 221.901 shall keep a journal of the proceedings of the council, and be ex officio assessor, and perform such other duties as required by ORS 221.901 to 221.928 or city ordinances. [Amended by 1999 c.788 �54]

����� 221.919 Powers and duties of marshal; removal from office. The marshal shall be chief of police and shall have control over all police officers when on duty. The marshal shall be a conservator of the peace, and shall arrest all persons guilty of a breach thereof, or of violations of the city ordinances, and take them before the recorder for trial. The marshal shall make and enforce the collection of all delinquent city taxes, as the collection of delinquent county taxes is enforced, and shall perform such other duties as may be required of the marshal by the common council. The marshal may suspend any police officer for negligence or violation of duty until the case may be examined and determined by the council. On complaint being made, charging the marshal with malfeasance or nonfeasance in office, the alderpersons, by a unanimous vote without the concurrence of the mayor, or by a majority vote with the concurrence of the mayor, may remove the marshal from office at any regular meeting, after giving the marshal an opportunity to be heard in the defense of the treasurer, provided they find the charge is true. [Amended by 1991 c.67 �50; 2003 c.14 �111]

����� 221.920 Duties of treasurer. The treasurer, as tax collector, shall collect and receipt for all taxes levied by the council and not returned as delinquent, and shall receive and faithfully keep the funds and moneys of any city referred to in ORS 221.906 and pay out the same as directed by ORS 221.901 to 221.928, or by city ordinances. When required by ordinance, the treasurer shall make and submit to the council a statement of the financial affairs of the city.

����� 221.921 Interest of officers in city contracts. No mayor, council member or any other officer of any city referred to in ORS 221.906, during the period for which the officer is elected, shall be interested in any contract the expenses of which are to be paid out of the city treasury.

����� 221.922 [Repealed by 1983 c.350 �331a]

����� 221.923 [Amended by 1961 c.290 �1; repealed by 2011 c.597 �309]

����� 221.924 Authority to make public improvements. The council may, whenever it deems it expedient, improve the public grounds within any city referred to in ORS 221.906, and establish and open additional streets and alleys therein. The power and authority to improve streets includes the power and authority to construct, improve, pave, repair, and keep in repair, sidewalks and pavements, and to determine and provide everything convenient and necessary concerning such improvements and repairs. [Amended by 1969 c.429 �5]

����� 221.925 Tax deeds; tax warrants. In making a deed for any real property sold for delinquent taxes, it is not necessary to recite or set forth the proceedings prior to the sale, but it is sufficient, if it substantially appears from such deed that the property was sold by virtue of a warrant from any city referred to in ORS 221.906, and the date thereof for delinquent taxes, and the amount thereof, together with the date of the sale and the amount paid thereat by the purchaser. The style of the warrant for the collection of delinquent taxes shall be: �In the name of the city (or town) of ______.� The warrant must require the marshal to forthwith levy upon sufficient property of the person or persons owing such taxes and sell the same in the manner provided by law, and return the proceeds of such sale to the city treasurer and the warrant to the recorder, with the doings of the marshal indorsed thereon, together with the receipts of the city treasurer for the proceeds of such sale as paid to the treasurer. The warrant shall have the force and effect of an execution against real and personal property, and shall be executed in a like manner, except as otherwise provided by law or this section. Real property when sold for delinquent taxes may be redeemed in like manner as real property is redeemed after sale thereof for county or state taxes, and not otherwise. The deed of the purchaser must express the true consideration thereof, which is the amount paid by the purchaser, and the return of the marshal executing the warrant must specify the amount for which each lot or part thereof is sold, and the name of the purchaser.

����� 221.926 Authority to enact ordinances. Every city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, may pass any and all necessary ordinances for the purpose of carrying into force and effect any provisions of ORS 221.901 to 221.928 or any other laws concerning city government.

����� 221.927 Approval or veto of ordinances; proceedings after veto. Upon the passage of any ordinance, the enrolled copy thereof, attested by the recorder, shall be submitted to the mayor by the recorder, and if the mayor approves the same the mayor shall write upon it �Approved,� with the date thereof and sign it with the name of office of the mayor. Thereupon, unless otherwise provided, such ordinance shall become a law and be of force and effect. If the mayor does not approve of the ordinance so submitted, the mayor must, within 10 days from the receipt thereof, return the same to the recorder with the reasons of the mayor for not approving it, and if the mayor does not so return it, such ordinance shall become a law as if the mayor had approved it. Upon the first meeting of the council after the return of an ordinance from the mayor not approved, the recorder shall deliver it to the council, with the message of the mayor, which must be read. The ordinance shall then be put upon its passage again, and if two-thirds of all the members constituting the council, as then provided by law, vote in the affirmative, it shall become a law without the approval of the mayor, and not otherwise.

����� 221.928 Record of ordinances; compilation accepted as evidence. The ordinances passed by any common council or any municipal corporation within this state, organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be recorded in a book to be kept for that purpose by the recorder of any such city. When so recorded, the record so made shall be received in any court of this state as prima facie evidence of the due passage of such ordinance as recorded. When the ordinances of any such city are printed by authority of such municipal corporation, the printed copies thereof shall be received as prima facie evidence that such ordinances as printed and published were duly passed.

����� 221.929 [Repealed by 1953 c.57 �2]

����� 221.930 [Repealed by 1973 c.64 �3]

ORS 191.040

191.040���� Costs

����� 191.010 Entry on land by persons acting for United States. Any person employed in the execution of any survey authorized by the Congress of the United States may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and of doing any work necessary to carry out the objects of existing laws, and may establish permanent station marks and erect the necessary signals and temporary observatories, doing no unnecessary injury thereby, having first paid or tendered to the owner thereof the compensation or damages as prescribed in ORS 191.020 and 191.030.

����� 191.020 Tender of damages. The person entering upon land as authorized by ORS 191.010 may tender to the injured party damages therefor.

����� 191.030 Determination of damages. If the parties interested cannot agree upon the amount to be paid for damages caused by an entry authorized by ORS 191.010, either of them may petition the county court in the county in which the land is situated. The court shall appoint a time for a hearing as soon as may be, order at least 14 days� notice to be given to all parties interested, and with or without a view of the premises, as the court may determine, hear the parties and their witnesses and assess damages.

����� 191.040 Costs. (1) In case of appeal to the county court, if the damages finally assessed do not exceed the amount tendered, the person entering shall recover costs; otherwise the prevailing party shall recover costs.

����� (2) The costs to be allowed in all such cases shall be the same as allowed according to the rules of the court.

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

����� 191.110 [1971 c.608 �1; repealed by 1977 c.664 �42]

����� 191.120 [1971 c.608 �2; 1973 c.792 �5; repealed by 1977 c.664 �42]

����� 191.130 [1971 c.608 �3; repealed by 1977 c.664 �42]

����� 191.140 [1971 c.608 �4; repealed by 1977 c.664 �42]

����� 191.150 [1971 c.608 �5; repealed by 1977 c.664 �42]

����� 191.160 [1971 c.608 �6; repealed by 1977 c.664 �42]

����� 191.170 [1971 c.608 �7; repealed by 1977 c.664 �42]

����� 191.180 [1971 c.180 �8; repealed by 1977 c.664 �42]

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

ORS 192.581

192.581, 326.561, 326.565, 326.575 or 336.187 prevents:

����� (1) Inspection by or release to administrators by local health departments of information relating to the status of a person�s immunization against restrictable diseases without the consent of the person, if the person has been emancipated or has reached the age of majority, or the parent of a child.

����� (2) Local health departments from releasing information concerning the status of a person�s immunization against restrictable diseases by telephone to the parent, administrators and public health officials.

����� 433.281 Post-secondary institution of education that provides student housing to provide information about vaccine-preventable diseases. (1) As used in this section, �post-secondary institution of education� means:

����� (a) A public university listed in ORS 352.002;

����� (b) A community college operated under ORS chapter 341; or

����� (c) An Oregon-based, generally accredited, private institution of higher education.

����� (2) Each post-secondary institution of education that provides housing for students shall provide to each student enrolling or registering at the institution for the first time information on vaccine-preventable diseases known to occur in individuals between 16 and 21 years of age, including:

����� (a) The signs and symptoms associated with, and options for treating, vaccine-preventable diseases known to occur in individuals between 16 and 21 years of age;

����� (b) The circumstances that create a risk of acquiring a vaccine-preventable disease known to occur in individuals between 16 and 21 years of age, including the circumstance of living in group quarters;

����� (c) Recommendations by the Centers for Disease Control and Prevention with respect to vaccines recommended to be categorized as category A or category B by the federal Advisory Committee on Immunization Practices, and vaccines recognized as category A or category B by the Centers for Disease Control and Prevention;

����� (d) Any additional information on the availability, benefits and risks and limitations of vaccines for vaccine-preventable diseases known to occur in individuals between 16 and 21 years of age, as determined by the institution; and

����� (e) Information on where to receive a vaccination.

����� (3) At a minimum, information provided under subsection (2) of this section must cover vaccine-preventable diseases for which the Centers for Disease Control and Prevention recommend vaccination for individuals between 16 and 21 years of age.

����� (4) In developing information on vaccine-preventable diseases under this section, a post-secondary institution of education shall consult the Oregon Health Authority or the Centers for Disease Control and Prevention.

����� (5) If a post-secondary institution of education provides electronic enrollment or registration for students enrolling or registering at the institution for the first time, the institution shall provide the information required by this section electronically at the time of enrollment or registration.

����� (6) This section does not create a private right of action against a post-secondary institution of education. [2017 c.323 �2]

����� 433.282 Required immunizations at certain post-secondary educational institutions; rules. (1) The Oregon Health Authority may require each post-secondary educational institution, except a community college or a career school, to require, using procedures developed by the institution, each full-time student to be immunized, as required for children attending school pursuant to rules adopted by the authority under ORS 433.273, before the student�s second quarter or semester of enrollment on the campus of the institution.

����� (2) Notwithstanding subsection (1) of this section, the authority may require each post-secondary educational institution, except a community college or a career school, to document, using procedures developed by the institution, that each full-time student has been immunized, as required for children attending school pursuant to rules adopted by the authority under ORS 433.273, before the student attends classes if the student will be attending the institution pursuant to a nonimmigrant visa.

����� (3) The authority by rule shall establish immunization schedules for purposes of this section.

����� (4) The authority by rule may limit the students and programs to which the requirements of this section apply.

����� (5) The authority may conduct validation surveys to ensure compliance with the requirements of this section. [1991 c.255 �10; 1995 c.343 �48; 2005 c.343 �4; 2009 c.595 �654a; 2017 c.323 �3]

����� 433.283 Immunizations against measles for certain students at community colleges; rules. (1) The Oregon Health Authority may require each community college to require that students involved in clinical experiences in allied health programs, practicum experiences in education and child care programs and membership on intercollegiate sports teams have current immunizations for measles prior to each student�s participation. The requirement shall apply only to those students born on or after January 1, 1957.

����� (2) The Higher Education Coordinating Commission by rule shall define clinical experiences in allied health programs, practicum experiences in education and child care programs and membership on intercollegiate sports teams at the community colleges. The Oregon Health Authority by rule shall establish immunization schedules and may further limit the students and programs to which the requirement applies. Each community college shall develop procedures to implement and maintain this requirement.

����� (3) The authority may conduct validation surveys to ensure compliance with this section. Community colleges shall be required to keep immunization records only while the student is involved in the program. [1991 c.255 �11; 2009 c.595 �654b; 2013 c.747 �181]

����� 433.284 Adoption of more stringent immunization requirements. Private schools, children�s facilities and post-secondary educational institutions may adopt additional or more stringent requirements as long as exemptions are included and the requirements are in compliance with the United States Public Health Service Advisory Committee on Immunization Practices recommendations. [1991 c.255 �12; 2013 c.516 �3]

����� 433.285 [1963 c.190 �1; 1965 c.88 �1; 1977 c.582 �34; 1981 c.630 �2; 1983 c.490 �2; 2009 c.595 �655; 2025 c.203 �3; renumbered 433.288 in 2025]

STATE PUBLIC HEALTH LABORATORY

����� 433.286 State public health laboratory; analysis of biological and environmental samples; newborn bloodspot screening; fees; rules. (1) The Oregon Health Authority shall maintain a state public health laboratory that is capable of:

����� (a) Analyzing biological and environmental samples for public health purposes; and

����� (b) Performing newborn bloodspot screening as specified in ORS 433.288.

����� (2) In accordance with rules adopted by the authority, the state public health laboratory may analyze samples or perform newborn bloodspot screening for any:

����� (a) Country or territory;

����� (b) Federal agency;

����� (c) Agency of another state;

����� (d) Tribal agency; or

����� (e) Health care practitioner licensed in any country, territory or state.

����� (3) The authority shall adopt rules necessary to implement this section and ORS 433.288, 433.290 and 433.295, including but not limited to rules establishing laboratory fees for analysis and screening services.

����� (4) All moneys collected under subsection (3) of this section shall be deposited in the Public Health Account established in ORS 431.210 to be used for expenses of the state public health laboratory. [2025 c.203 �2]

SERVICES FOR NEWBORNS

����� 433.288 Newborn bloodspot screening program; policy; exemptions; fees; fee waivers; rules. (1)(a) It is the public health policy of the State of Oregon that each infant in Oregon undergo newborn bloodspot screening for medical conditions that, if detected early, can be mitigated or treated to prevent harmful health effects.

����� (b) The Oregon Health Authority shall administer a newborn bloodspot screening program to advance the public health policy described in paragraph (a) of this subsection.

����� (2) The state public health laboratory, or another laboratory pursuant to an agreement with the authority, shall conduct the screenings described in subsection (1) of this section.

����� (3) The authority shall adopt rules necessary to implement the newborn bloodspot screening program, including but not limited to rules establishing:

����� (a) The medical conditions for which infants are screened, including higher tier testing;

����� (b) The person responsible for:

����� (A) The collection of specimens for screening;

����� (B) The delivery of specimens to the state public health laboratory for screening;

����� (C) The delivery of signed exemption forms to the state public health laboratory; and

����� (D) Following up with the parents or guardians of an infant to discuss the screening results;

����� (c) The timing and manner for collection and delivery of specimens to the state public health laboratory for screening;

����� (d) The timing and manner for recollection and redelivery, if necessary, of specimens to the state public health laboratory for screening;

����� (e) Standards for the retention, use and release of residual specimens;

����� (f) Fees for screening in an amount sufficient to cover the costs to administer the newborn bloodspot screening program;

����� (g) A process for a parent or guardian to request a fee waiver if the parent or guardian is indigent or otherwise unable to pay the fee for screening services;

����� (h) The timing and manner for reporting screening results to the medical providers of an infant; and

����� (i) The exemption form described in subsection (6) of this section.

����� (4) The inability of a parent or guardian to pay the fee established under subsection (3) of this section may not be a basis to refuse to provide newborn bloodspot screening services to an infant.

����� (5) A carrier, as that term is defined in ORS 743B.005, and a coordinated care organization, as that term is defined in ORS 414.025, shall cover the costs of newborn bloodspot screening.

����� (6) A parent or guardian of an infant may decline to screen the infant under the newborn bloodspot screening program if the parent or guardian opposes screening for religious or philosophical reasons and signs an exemption form prescribed by the authority by rule.

����� (7) All information and documentation related to the newborn bloodspot screening program that identifies an infant, a parent or guardian of an infant or a health care provider involved in the care of an infant is confidential and exempt from public disclosure under ORS 192.311 to 192.478. [Formerly 433.285]

����� 433.290 Oregon Health Authority to conduct educational program on newborn bloodspot screening. (1) To ensure proper testing and follow-up care and increase public awareness of the newborn bloodspot screening program described in ORS 433.288, the Oregon Health Authority shall, subject to available resources, implement:

����� (a) An educational program for health care providers, expectant parents, parents or guardians of infants and the general public.

����� (b) A follow-up monitoring program to improve long-term care of individuals with medical conditions identified through screening.

����� (2) The educational program must:

����� (a) Provide information on the medical conditions for which infants are screened under the newborn bloodspot screening program;

����� (b) Provide information on the importance of newborn bloodspot screening to prevent or mitigate the harmful health effects of medical conditions for which infants are screened; and

����� (c) If a newborn bloodspot screening detects a medical condition for an infant, provide the parents or guardians of the infant information on organizations that serve populations impacted by the medical condition. [1963 c.190 �2; 1977 c.582 �35; 1983 c.490 �1; 2009 c.595 �656; 2017 c.356 �64; 2025 c.203 �4]

����� 433.295 Newborn bloodspot screening standards and reporting requirements for health care providers and health care facilities. Health care providers and health care facilities that provide services to infants in Oregon shall:

����� (1) Ensure that specimens for newborn bloodspot screening are collected and delivered pursuant to rules adopted by the Oregon Health Authority under ORS 433.288;

����� (2) Ensure that an infant receives medically appropriate care consistent with the results of a newborn bloodspot screening; and

����� (3) Report to the authority for quality control purposes:

����� (a) Medical conditions detected by newborn bloodspot screening and subsequently confirmed; and

����� (b) Medical conditions on the newborn bloodspot screening panel detected by a test other than newborn bloodspot screening. [1963 c.190 �3; 2009 c.595 �657; 2025 c.203 �5]

����� 433.298 Oregon Health Authority to compile information about congenital cytomegalovirus; dissemination of information. (1) The Oregon Health Authority shall compile information on the following:

����� (a) The transmission of congenital cytomegalovirus and methods to reduce the risk of infection during pregnancy;

����� (b) The signs and symptoms of and methods of diagnosing congenital cytomegalovirus;

����� (c) The potential complications associated with congenital cytomegalovirus; and

����� (d) Treating and managing congenital cytomegalovirus.

����� (2)(a) The authority shall disseminate the information described in subsection (1) of this section to:

����� (A) Hospitals.

����� (B) Birthing centers.

����� (C) Diagnostic facilities that conduct newborn hearing screening tests.

����� (D) Prenatal health care providers, including gynecologists and obstetricians.

����� (E) The Department of Early Learning and Care.

����� (F) The public.

����� (b) The department shall disseminate the information to all certified or registered child care facilities, as defined in ORS 329A.263, for the facilities to educate employees about the risk of contracting cytomegalovirus during pregnancy.

����� (c) Except as provided in paragraph (d) of this subsection, the information disseminated under this section may be disseminated by print publication, electronic publication, video publication or any other cost-effective method.

����� (d) Hospitals, birthing centers, diagnostic facilities that conduct newborn hearing screening tests and prenatal health care providers shall at a minimum provide information to patients in print publications under this section no later than 48 hours after birth. [2017 c.426 �2; 2025 c.488 �4]

����� Note: 433.298 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 433.299 Newborn Bloodspot Screening Advisory Board; members; term; meetings; reports. (1) The Newborn Bloodspot Screening Advisory Board is established in the Oregon Health Authority.

����� (2) The board consists of 13 voting members appointed by the Director of the Oregon Health Authority as follows:

����� (a) One member who is a person affected by a disorder included in the newborn screening panel or a family member of a person affected by a disorder included in the newborn screening panel;

����� (b) One member who is a licensed physician who by contract provides expert medical advice and consulting services to the Northwest Regional Newborn Bloodspot Screening Program;

����� (c) One member who is a representative of Medicaid or the insurance industry;

����� (d) Two members who are representatives of birthing centers or hospitals;

����� (e) One member who is a representative of an entity that contracts with the Northwest Regional Newborn Bloodspot Screening Program for newborn bloodspot screening services;

����� (f) Three members who are representatives of advocacy associations regarding newborns with medical conditions or rare disorders;

����� (g) One member who is a representative of a statewide association of nurses;

����� (h) One member who is a representative of a statewide association of midwives; and

����� (i) Two members who are representatives of a statewide association of pediatricians.

����� (3) In addition to the requirements provided in subsection (2) of this section, one or more of the following professions must be represented as a voting member of the board:

����� (a) Neonatal intensive care specialist;

����� (b) Licensed physician or nurse practitioner who is board certified in obstetrics, pediatrics or neonatology;

����� (c) Obstetrician or gynecologist;

����� (d) Nurse;

����� (e) Ethicist;

����� (f) Geneticist;

����� (g) Dietician; and

����� (h) Educator.

����� (4) To the greatest extent practicable, the director shall appoint members from a diverse range of socioeconomic, racial and ethnic backgrounds.

����� (5) In addition to the 13 voting members provided for in subsection (2) of this section, members of the Legislative Assembly or employees of the Oregon Health Authority may serve as nonvoting members.

����� (6) The term of office of each voting member of the board is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director 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 director shall make an appointment to become immediately effective for the unexpired term.

����� (7) A voting member of the board is entitled to compensation and expenses as provided in ORS

ORS 192.610

192.610 to 192.705.

����� (b) In addition to the requirements imposed by paragraph (a) of this subsection, with respect to the public hearings required by ORS 1.740 and with respect to any meeting at which final action will be taken on the promulgation, amendment or repeal of a rule under ORS 1.735, the council shall cause to be published or distributed to all licensees of the bar, at least two weeks before such hearing or meeting, a notice which shall include the time and place and a description of the substance of the agenda of the hearing or meeting.

����� (c) The council shall make available upon request a copy of any rule which it proposes to promulgate, amend or repeal.

����� (4) Members of the Council on Court Procedures shall serve for terms of four years and shall be eligible for reappointment to one additional term, provided that, where an appointing authority has more than one vacancy to fill, the length of the initial term shall be fixed at either two or four years by that authority to accomplish staggered expiration dates of the terms to be filled. Vacancies occurring shall be filled by the appointing authority for the unexpired term.

����� (5) Members of the Council on Court Procedures shall not receive compensation for their services but may receive actual and necessary travel or other expenses incurred in the performance of their official duties as members of the council, as provided in ORS 292.210 to 292.288. [1977 c.890 �2; 1981 c.545 �1; 1993 c.772 �1; 1995 c.658 �12; 1997 c.137 ��1,2; 2003 c.110 �2; 2007 c.65 �1; 2025 c.32 �62]

����� 1.735 Rules of procedure; limitation on scope and substance; submission of rules to licensees of bar and Legislative Assembly. (1) The Council on Court Procedures shall promulgate rules governing pleading, practice and procedure, including rules governing form and service of summons and process and personal and in rem jurisdiction, in all civil proceedings in all courts of the state which shall not abridge, enlarge or modify the substantive rights of any litigant. The rules authorized by this section do not include rules of evidence and rules of appellate procedure. The rules thus adopted and any amendments which may be adopted from time to time, together with a list of statutory sections superseded thereby, shall be submitted to the Legislative Assembly at the beginning of each odd-numbered year regular session and shall go into effect on January 1 following the close of that session unless the Legislative Assembly shall provide an earlier effective date. The Legislative Assembly may, by statute, amend, repeal or supplement any of the rules.

����� (2) A promulgation, amendment or repeal of a rule by the council is invalid and does not become effective unless the exact language of the proposed promulgation, amendment or repeal is published or distributed to all licensees of the bar at least 30 days before the meeting at which the council plans to take final action on the promulgation, amendment or repeal. If the language of the proposed promulgation, amendment or repeal is changed by the council after consideration of the language at the meeting, the council must publish or distribute notification of the change to all licensees of the bar within 60 days after the meeting. All changes made to proposed promulgations, amendments or repeals of rules pursuant to the provisions of this subsection must be clearly identified when the promulgation, amendment or repeal is submitted to the Legislative Assembly under subsection (1) of this section. [1977 c.890 �3; 1979 c.284 �1; 1983 c.751 �6; 1993 c.772 �2; 2003 c.110 �1; 2011 c.545 �27; 2025 c.32 �63]

����� 1.740 Employment of staff; public hearings. In the exercise of its power under ORS 1.735, the council:

����� (1) May employ or contract with any person or persons, as the council considers necessary, to assist the council; and

����� (2) Shall endeavor to hold at least one public hearing in each of the congressional districts of the state during the period between odd-numbered year regular sessions of the Legislative Assembly. [1977 c.890 �4; 1993 c.772 �3; 2011 c.545 �69]

����� 1.742 [1993 c.634 �3; repealed by 2001 c.716 �30]

����� 1.745 Laws on civil pleading, practice and procedure deemed rules of court until changed. All provisions of law relating to pleading, practice and procedure, including provisions relating to form and service of summons and process and personal and in rem jurisdiction, in all civil proceedings in courts of this state are deemed to be rules of court and remain in effect as such until and except to the extent they are modified, superseded or repealed by rules which become effective under ORS 1.735. [1977 c.890 �5; 1979 c.284 �2]

����� 1.750 Legislative Counsel to publish rules. The Legislative Counsel shall cause the rules which have become effective under ORS 1.735, as they may be amended, repealed or supplemented by the Legislative Assembly, to be arranged, indexed, printed, published and annotated in the Oregon Revised Statutes. [1977 c.890 �6]

����� 1.755 Gifts, grants and donations; Council on Court Procedures Account. (1) The Council on Court Procedures is authorized to accept gifts, grants and donations from any source for expenditure to carry out the duties, functions and powers of the council.

����� (2) The Council on Court Procedures Account is established separate and distinct from the General Fund. All moneys received by the council, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the council to carry out the duties, functions and powers of the council. [1995 c.61 �3; reenacted by 1997 c.196 �3; 2001 c.716 �20]

����� 1.760 Legislative advisory committee. (1) The Council on Court Procedures shall elect five persons from among its members to serve as a legislative advisory committee. Two members of the committee shall be judges. Two members shall be licensees of the Oregon State Bar who are not judges. One member shall be the public member designated under ORS 1.730 (1)(e). The committee shall elect one of its members to serve as chairperson of the committee.

����� (2) Upon the request of the chairperson of a legislative committee considering legislation that proposes changes to the Oregon Rules of Civil Procedure, the legislative advisory committee established under this section shall provide technical analysis and advice to the legislative committee. Analysis and advice shall be by a majority vote of the legislative advisory committee. The committee shall consult with and consider comments from the full Council on Court Procedures to the extent possible. Analysis and advice under this subsection must be provided within 10 days after the request from the chairperson of a legislative committee.

����� (3) The legislative advisory committee established under this section may vote to take a position on behalf of the Council on Court Procedures on proposed legislation. If the legislative advisory committee has voted to take a position on behalf of the council, the committee shall so indicate to the legislative committee.

����� (4) Members of the legislative advisory committee established under this section may meet by telephone and may vote by telephone. Meetings of the committee are not subject to ORS 192.610 to 192.705.

����� (5) Members of the legislative advisory committee established under this section may appear before legislative committees for the purpose of testifying on legislation that proposes changes to the Oregon Rules of Civil Procedure. [1995 c.455 �8; 2025 c.32 �64]

JUDICIAL CONFERENCE

����� 1.810 Judicial conference; membership; officers. There hereby is created and established a Judicial Conference of the State of Oregon. The conference shall consist of all the judges of the Supreme Court, the Court of Appeals, the Oregon Tax Court and the circuit courts and all senior judges certified under ORS 1.300. The Chief Justice of the Supreme Court shall be chairperson of the conference and shall have power to invite any persons not members of the conference to attend the meetings of the conference and consult with it in the performance of its duties. The State Court Administrator shall act as executive secretary of the conference. [1955 c.470 �1; 1959 c.552 �12; 1963 c.423 �2; 1965 c.494 �13; 1969 c.198 �29; 1971 c.95 �1; 1983 c.465 �1; 1995 c.658 �5; 2013 c.155 �8]

����� 1.820 Function of conference. The conference may make a continuous survey and study of the organization, jurisdiction, procedure, practice and methods of administration and operation of the various courts within the state. [1955 c.470 �2; 1965 c.494 �14; 1995 c.273 �2]

����� 1.830 Meetings. The Judicial Conference of the State of Oregon shall meet annually or at such other times as the Chief Justice of the Supreme Court directs. [1955 c.470 �3; 1965 c.494 �15; 2013 c.155 �9]

����� 1.840 Annual report. The conference shall report annually to the Governor with respect to such matters, including recommendations for legislation, as it may wish to bring to the attention of the Governor or of the legislature. [1955 c.470 �4; 1959 c.552 �13; 1965 c.494 �16]

����� 1.850 [1985 c.725 �5; repealed by 1993 c.742 �38]

ADVISORY COUNCILS

����� 1.851 Local criminal justice advisory councils. (1) The presiding judge of each judicial district shall establish a local criminal justice advisory council, unless one already exists, in each county in the judicial district. Membership of the council shall include, but is not limited to, representatives of the following:

����� (a) The presiding judge;

����� (b) The district attorney;

����� (c) The local correctional administrator;

����� (d) Public defense service providers;

����� (e) The county bar association;

����� (f) Local law enforcement; and

����� (g) State law enforcement.

����� (2) In addition to the persons listed in subsection (1) of this section, the judge may invite the participation of any other persons involved in the criminal justice system whose participation would be of benefit.

����� (3) The local criminal justice advisory council shall meet regularly to consider and address methods of coordinating court, public defense and related services and resources in the most efficient and cost-effective manner that complies with the constitutional and statutory mandates and responsibilities of all participants.

����� (4) To assist the council in these efforts, council participants shall provide the council with proposed budget information and caseload and workload projections. [1993 c.481 �1; 2001 c.962 �100]

JUSTICE AND MUNICIPAL COURT REGISTRY AND REPORTS

����� 1.855 State Court Administrator to establish registry of justice and municipal courts. (1) The State Court Administrator shall establish a registry of municipal courts and justice courts of this state. The registry shall include all information required to be provided by counties and cities to the State Court Administrator under this section.

����� (2) Upon creation of a justice court, the county in which the justice court is established shall give notice to the State Court Administrator of the boundaries of the justice court district. The county shall also provide to the State Court Administrator the name of each justice of the peace, the term of each justice of the peace and the mailing address for the justice court. Upon modification or dissolution of a justice court district, the county shall promptly notify the State Court Administrator of the modification or dissolution.

����� (3) Upon creation of a municipal court, the city establishing the municipal court shall give notice to the State Court Administrator that the court has been created. The city shall also provide to the State Court Administrator the name of each municipal judge elected or appointed to the court, the term of each municipal judge elected or appointed and the mailing address for the municipal court. Upon ceasing to operate a municipal court, the city shall promptly notify the State Court Administrator that the municipal court is no longer in operation. [2001 c.761 �1]

����� 1.860 Reports relating to municipal courts and justice courts. (1) Once every two years, the League of Oregon Cities and the Association of Oregon Counties shall report to the Legislative Fiscal Officer information identified by the Legislative Fiscal Officer relating to the caseload, revenues and expenditures of municipal courts and justice courts. Before establishing the list of information to be provided, the Legislative Fiscal Officer shall consult with the League of Oregon Cities and the Association of Oregon Counties. The Legislative Fiscal Officer may not request information that requires additional data gathering by municipal courts, justice courts, cities and counties. The reported information shall be based on the fiscal year used by each municipal court and justice court.

����� (2) The reports required by this section must be made not later than October 1 of each even-numbered year. The Legislative Fiscal Officer may specify the manner in which the reports are made. The Legislative Fiscal Officer shall provide a summary of the information provided under this section to the Joint Committee on Ways and Means upon the convening of the next odd-numbered year regular session of the Legislative Assembly. Copies of the summary shall be provided to the League of Oregon Cities and the Association of Oregon Counties. [2012 c.107 �86]

ORS 196.710

196.710; repealed by 2005 c.729 �1]

����� 196.845 Investigations and surveys. In considering applications for permits, the Director of the Department of State Lands may cause investigations or surveys to be made of the location of the work contemplated to determine whether such removal or filling is consistent with ORS 196.805 and 196.825. [Formerly 541.635 and then 196.715]

����� 196.850 Waiving permit requirement in certain cases; rules; notice; review; fees; disposition of fees. (1) Notwithstanding ORS 196.810, the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of any waters of this state or the filling of any waters of this state without a permit from the department if the department finds that the activities subject to the general authorization:

����� (a) Are substantially similar in nature;

����� (b) Would cause only minimal individual and cumulative environmental impacts; and

����� (c) Would not result in long-term harm to water resources of the state.

����� (2) A general authorization may be granted on a statewide or other geographic basis.

����� (3) The department shall condition any general authorization upon actions necessary to minimize environmental impacts.

����� (4) The department shall provide notice of any proposed general authorization to affected federal and state agencies, local governments, tribal governments and the public. The notice shall include:

����� (a) A clear description of the proposal; and

����� (b) Draft findings and any proposed conditions pursuant to this section.

����� (5) Any person proposing to conduct an action under a general authorization shall:

����� (a) Notify the department in writing prior to conducting the action.

����� (b) Pay the applicable fee to the department as determined under rules adopted by the Director of the Department of State Lands under ORS 196.806.

����� (6) The department shall amend or rescind any general authorization upon a determination that the activities conducted under the authorization have resulted in or would result in more than minimal environmental impacts or long-term harm to the water resources of this state.

����� (7) The department shall review each general authorization adopted pursuant to this section every five years. The review shall include public notice and opportunity for public hearing. After the review, the department may either modify, reissue or rescind the general authorization.

����� (8) In addition to the grounds for review set forth in ORS 183.400 (4), on judicial review of the validity of a rule adopted under this section, the rule shall be reviewable for substantial evidence in the rulemaking record. The record shall include copies of all documents before the agency relevant to the findings required by subsection (1) of this section.

����� (9) The department shall credit any fee collected under this section to the Common School Fund for use by the department in administration of ORS 196.600 to

ORS 196.745

196.745 and then 196.880 in 1989]

����� 541.666 Form and contents of loan and grant applications; filing. (1) Applications for a loan or grant from the Water Supply Development Account must:

����� (a) Be in a form prescribed by the Water Resources Department.

����� (b) Include any information required by the department.

����� (c) Be filed with the department.

����� (2) The department may require an application to include the following:

����� (a) A description of the need, purpose and nature of the project, including what the applicant intends to complete and how the applicant intends to proceed.

����� (b) Sufficient information to allow evaluation of the application based upon the public benefit scoring and ranking of the project.

����� (c) Current contact information for the principal contact, fiscal officer and involved landowners.

����� (d) For applications involving physical changes or monitoring on private land, evidence that landowners are aware of and agree to the proposal and are aware that monitoring information is a public record.

����� (e) The location of the proposed project, using public land survey reference points, latitude and longitude, county, watershed, river and stream mile, if appropriate.

����� (f) An itemized budget for the project, including fiscal and administrative costs.

����� (g) A description of funds, services or materials available to the project.

����� (h) A project schedule, including beginning and completion dates.

����� (i) Any conditions that may affect the completion of the project.

����� (j) A completed feasibility analysis if appropriate.

����� (k) Suggestions for interim and long-term project performance benchmarks.

����� (L) If the application is for a grant, demonstrated in-kind and cash cost match of not less than 25 percent of the amount of the grant sought from the account.

����� (m) If the application is for a loan, evidence demonstrating ability to repay the loan and provide collateral.

����� (n) Letters of support for the proposed project.

����� (o) If required by the department, a description of consultations with affected Indian tribes regarding the project.

����� (p) Any other information required by the department. [2013 c.784 �6; 2025 c.82 �7]

����� Note: See note under 541.651.

����� 541.669 Scoring and ranking of projects; funding decisions; rules. (1) The Water Resources Commission shall adopt rules establishing a system for scoring and ranking projects to determine which projects are to be awarded loans and grants from the Water Supply Development Account, including but not limited to the application of minimum criteria designed to achieve the outcomes described in ORS 541.677.

����� (2) The criteria for evaluating projects must be based on the public benefit categories described in ORS 541.673 and preferences described in ORS 541.677.

����� (3) The commission shall make the loan and grant funding decisions at least twice each year so long as funds are available to award. Applications must be filed with the Water Resources Department. The department shall accept an application for a loan or grant at any time, but shall establish a separate deadline for the filing of applications before each time the commission makes loan and grant funding decisions.

����� (4) The department shall conduct a preliminary review of applications to check for completeness, eligibility and minimum requirements upon receipt of each application.

����� (5) The department shall return incomplete applications to the applicant.

����� (6) The department shall provide public notice by posting new funding applications on the department�s website for a 30-day period prior to reviewing the applications.

����� (7) The department shall provide for the receipt of public comment on the applications during the 30-day period that applications are posted on the department�s website.

����� (8) The department shall forward applications that have passed preliminary review, along with any comments received from applicants or the public, to a technical review team consisting of representatives of the Water Resources Department, the Department of Environmental Quality, the State Department of Fish and Wildlife, the State Department of Agriculture, the Oregon Business Development Department, affected Indian tribes, any collaborative body established by the Governor to address challenges, opportunities and priorities for the region affected by the project and additional experts as determined by the Water Resources Department.

����� (9) The technical review team shall conduct the initial scoring and ranking for the projects described in the applications using the system described in subsection (1) of this section, consider comments from applicants and the public and make loan and grant funding recommendations to the department.

����� (10) The department shall make the technical review team�s project score and ranking available for public comment prior to a funding decision by the commission.

����� (11) The department shall make funding recommendations to the commission based on the scoring and ranking by the technical review team, consideration of comments from applicants and the public, and the availability of funds.

����� (12) The commission shall determine the final scoring and ranking of projects and make the final decision regarding which projects are awarded loans or grants from the account. Before the commission makes a final decision on an application, the commission shall offer one additional opportunity for public comment.

����� (13) The commission is not required to obligate all available account moneys during a funding cycle.

����� (14) Any available account moneys that are not obligated during a funding cycle shall be carried forward and be made available for projects in future funding cycles.

����� (15) The department shall document the ranking of all applications and make the application ranking publicly available after the funding decisions by the commission have been published. [2013 c.784 �7; 2023 c.606 �27; 2025 c.82 �8]

����� Note: See note under 541.651.

����� 541.670 [1985 c.545 �6; 1987 c.855 �16; 1989 c.837 �22; renumbered 196.750 and then 196.885 in 1989]

����� 541.673 Evaluation for public benefits of project. (1) Projects applying under ORS 541.669 for funding from the Water Supply Development Account shall be evaluated based upon the public benefits of the project. The evaluation must consider both positive and negative effects of a project. The three categories of public benefit to be considered in the project evaluation are economic benefits, environmental benefits and social or cultural benefits. Each category of benefits shall be given equal importance in the evaluation of a project. The technical review team described in ORS 541.669 shall use the evaluation system to assign initial scores and rankings to projects. The Water Resources Commission shall use the evaluation system to assign final scorings and rankings to the projects. The commission shall award loan and grant funding from the account to the projects that have the greatest public benefit and will best achieve the outcomes described in ORS 541.677.

����� (2) The evaluation of economic benefits for a project shall be based on the changes in economic conditions expected to result from the project, including but not limited to conditions related to:

����� (a) Job creation or retention;

����� (b) Increases in economic activity;

����� (c) Increases in efficiency or innovation;

����� (d) Enhancement of infrastructure, farmland, public resource lands, industrial lands, commercial lands or lands having other key uses;

����� (e) Enhanced economic value associated with tourism or recreational or commercial fishing, with fisheries involving native fish of cultural significance to Indian tribes or with other economic values resulting from restoring or protecting water in-stream; and

����� (f) Increases in irrigated land for agriculture.

����� (3) The evaluation of environmental benefits for a project shall be based on the changes in environmental conditions expected to result from the project, including but not limited to conditions related to:

����� (a) A measurable improvement in protected streamflows that:

����� (A) Supports the natural hydrograph;

����� (B) Improves floodplain function;

����� (C) Supports state or federally listed sensitive, threatened or endangered fish species;

����� (D) Supports native fish species of cultural importance to Indian tribes; or

����� (E) Supports riparian habitat important for wildlife;

����� (b) A measurable improvement in ground water levels that enhances environmental conditions in ground water restricted areas or other areas;

����� (c) A measurable improvement in the quality of surface water or ground water;

����� (d) Water conservation;

����� (e) Increased ecosystem resiliency to climate change impacts; and

����� (f) Improvements that address one or more limiting ecological factors in the project watershed.

����� (4) The evaluation of the social or cultural benefits for a project shall be based on the changes in social or cultural conditions expected to result from the project, including but not limited to conditions related to:

����� (a) The promotion of public health and safety and of local food systems;

����� (b) A measurable improvement in conditions for members of minority or low-income communities, economically distressed rural communities, tribal communities or other communities traditionally underrepresented in public processes;

����� (c) The promotion of recreation and scenic values;

����� (d) Contribution to the body of scientific data publicly available in this state;

����� (e) The promotion of state or local priorities, including but not limited to the restoration and protection of native fish species of cultural significance to Indian tribes; and

����� (f) The promotion of collaborative basin planning efforts, including but not limited to efforts under the state integrated water resources strategy. [2013 c.784 �8]

����� Note: See note under 541.651.

����� 541.675 [1985 c.545 �3; renumbered 196.755 and then 196.890 in 1989]

����� 541.677 Target outcomes for scoring and ranking criteria. (1) The Water Resources Commission shall design the minimum criteria for the project scoring and ranking system described in ORS

ORS 196.806

196.806, when submitting a wetland delineation report under subsection (1) of this section.

����� (3) The department shall:

����� (a) Review the wetland delineation report submitted under subsection (1) of this section no more than 120 days after the date on which the person or governmental body submits the report; and

����� (b) Give priority to the review of a wetland delineation report that is submitted with or in advance of an application for a permit required under ORS 196.810 if the permit would authorize activities on the land parcel that is the subject of the wetland delineation report.

����� (4) All determinations made by the department under subsection (1)(a) and (b) of this section:

����� (a) Must be made by a person with expertise in wetlands hydrology, soil and vegetation; and

����� (b) Expire five years after the date on which a final determination is made.

����� (5) Five years after the date on which a final determination has been made under subsection (1)(a) or (b) of this section, if the owner of the land parcel that is the subject of the determination is conducting activities that require a permit under ORS 196.810, the landowner shall conduct a review of the land parcel. If the baseline conditions leading to the final determination have sufficiently changed to require a new determination, then the landowner shall submit a new wetland delineation report under subsection (1) of this section. If the baseline conditions leading to the final determination have not sufficiently changed to require a new determination, then the final determination of the department, notwithstanding subsection (4)(b) of this section, may be extended by five years, after payment of the applicable fee established by the director by rule under ORS 196.806.

����� (6) The department may waive or suspend the requirements of this section for the purpose of issuing an emergency authorization under ORS 196.810.

����� (7) Delineations made pursuant to this section, and determinations made under this section, must comport with:

����� (a) The United States Army Corps of Engineers Wetlands Delineation Manual of 1987; and

����� (b) Any subsequent federal supplements to the manual or applicable guidance documents issued by the United States Army Corps of Engineers, including guidance documents for the area in which a delineation will take place, as adopted by rule of the Director of the Department of State Lands. Such rules must comply with those federal supplements and guidance documents.

����� (8) Fees received under this section shall be credited to the Common School Fund for use by the department in administration of ORS 196.600 to 196.921. [2007 c.850 �2; 2012 c.108 �5; 2019 c.57 �10; 2023 c.403 �9]

����� 196.820 Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception. (1) Notwithstanding any provision of ORS 196.600 to 196.921 to the contrary, except as provided in subsection (2) of this section, the Director of the Department of State Lands shall not issue any permit to fill Smith Lake or Bybee Lake, located in Multnomah County, below the contour line which lies 11 feet above mean sea level as determined by the 1947 adjusted United States Coastal Geodetic Survey Datum.

����� (2) The Director of the Department of State Lands may issue a permit to fill Smith Lake or Bybee Lake, located in Multnomah County, if such fill is to enhance or maintain fish and wildlife habitat or support recreational use or public access at or near Smith Lake or Bybee Lake. A fill shall be considered to be for the purpose of enhancing or maintaining fish and wildlife habitat if the proposed fill is approved by the State Department of Fish and Wildlife. [Formerly 541.622 and then 196.690; 2016 c.84 �9]

����� 196.825 Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal. (1) The Director of the Department of State Lands shall issue a permit applied for under ORS 196.815 if the director determines that the project described in the application:

����� (a) Is consistent with the protection, conservation and best use of the water resources of this state as specified in ORS 196.600 to 196.921; and

����� (b) Would not unreasonably interfere with the paramount policy of this state to preserve the use of its waters for navigation, fishing and public recreation.

����� (2) If the director issues a permit applied for under ORS 196.815 to a person that proposes a removal or fill activity for construction or maintenance of a linear facility, and if that person is not a landowner or a person authorized by a landowner to conduct the proposed removal or fill activity on a property, then the person may not conduct removal or fill activity on that property until the person obtains:

����� (a) The landowner�s consent;

����� (b) A right, title or interest with respect to the property that is sufficient to undertake the removal or fill activity; or

����� (c) A court order or judgment authorizing the use of the property.

����� (3) In determining whether to issue a permit, the director shall consider all of the following:

����� (a) The public need for the proposed fill or removal and the social, economic or other public benefits likely to result from the proposed fill or removal. When the applicant for a permit is a public body, the director may accept and rely upon the public body�s findings as to local public need and local public benefit.

����� (b) The economic cost to the public if the proposed fill or removal is not accomplished.

����� (c) The availability of alternatives to the project for which the fill or removal is proposed.

����� (d) The availability of alternative sites for the proposed fill or removal.

����� (e) Whether the proposed fill or removal conforms to sound policies of conservation and would not interfere with public health and safety.

����� (f) Whether the proposed fill or removal is in conformance with existing public uses of the waters and with uses designated for adjacent land in an acknowledged comprehensive plan and land use regulations.

����� (g) Whether the proposed fill or removal is compatible with the acknowledged comprehensive plan and land use regulations for the area where the proposed fill or removal is to take place or can be conditioned on a future local approval to meet this criterion.

����� (h) Whether the proposed fill or removal is for streambank protection.

����� (i) Whether the applicant has provided all practicable mitigation to reduce the adverse effects of the proposed fill or removal in the manner set forth in ORS 196.800. In determining whether the applicant has provided all practicable mitigation, the director shall consider the findings regarding wetlands set forth in ORS

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 197.610

197.610 to 197.625.

����� (5) This section does not apply to:

����� (a) Any plan amendment for which an exception is required under ORS 197.732; or

����� (b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.

����� (6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.

����� (b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:

����� (A) Schedule a public hearing and issue a final decision on the application;

����� (B) Leave the planning commission or hearings officer decision as the final county decision; or

����� (C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 �20; 2018 c.117 �1]

����� 215.433 Supplemental application for remaining permitted uses following denial of initial application. (1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county�s comprehensive plan and land use regulations in the zone that was the subject of the denied application.

����� (2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section.

����� (3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county�s comprehensive plan and land use regulations.

����� (4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying:

����� (a) A use for which approval is sought under this section; and

����� (b) A rezoning or variance requested in the application. [1999 c.648 �2; 1999 c.648 �2a]

����� 215.435 Deadline for final action by county on remand of land use decision; exception. (1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.

����� (2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated.

����� (b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.

����� (3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county.

����� (4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 �2; 2011 c.280 �11; 2015 c.522 �1]

����� 215.437 Writ of mandamus authorized after deadline following remand of land use decision. (1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.

����� (2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

����� (3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 �3; 2015 c.522 �2]

PERMITTED USES IN ZONES

����� 215.438 Transmission towers; location; conditions. The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 �23a]

����� 215.439 Solar energy systems in residential or commercial zones. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

����� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

����� (3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of �permit� in ORS 215.402, a ministerial function if:

����� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

����� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

����� (4) As part of the permit approval process, a county:

����� (a) May not charge a fee pursuant to ORS 215.416 for processing a permit;

����� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

����� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

����� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

����� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

����� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

����� (c) Located in an area designated as a significant scenic resource unless the material used is:

����� (A) Designated as anti-reflective; or

����� (B) Eleven percent or less reflective.

����� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �1]

����� Note: 215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 215.440 [1955 c.682 �3; repealed by 1971 c.13 �1]

����� 215.441 Use of real property for religious activities. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

����� (a) Worship services.

����� (b) Religion classes.

����� (c) Weddings.

����� (d) Funerals.

����� (e) Meal programs.

����� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

����� (2) A county may:

����� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

����� (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

����� (3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �2; 2017 c.745 �7; 2019 c.640 �19; 2021 c.385 �4; 2021 c.446 �4; 2025 c.267 �1]

����� 215.445 Use of private property for mobile medical clinic. (1) As used in this section:

����� (a) �Health professional� means a person licensed or certified by the:

����� (A) Oregon Medical Board;

����� (B) Oregon Board of Dentistry; or

����� (C) Oregon State Board of Nursing.

����� (b) �Health services� means the services that a health professional is licensed or certified to provide.

����� (c) �Local government� has the meaning given that term in ORS 174.116.

����� (d) �Mobile medical clinic� means a vehicle or a transportable structure that is:

����� (A) Designed to serve as a facility suitable for the provision of health services; and

����� (B) In use by a health professional to provide health services to the public.

����� (e) �Nonprofit� means a corporation organized under and subject to the provisions of ORS chapter 65.

����� (2) A local government may not prohibit a nonprofit mobile medical clinic from:

����� (a) Being located on private property with the permission of the owner of the private property; and

����� (b) Staying in one location for 180 days or less. [2015 c.142 �1]

����� Note: 215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 215.446 Renewable energy facility; application; standards; notices. (1) As used in this section:

����� (a) �Average electric generating capacity� has the meaning given that term in ORS 469.300.

����� (b) �Energy generation area� has the meaning given that term in ORS 469.300.

����� (c) �Renewable energy facility� means:

����� (A) A solar photovoltaic power generation facility using:

����� (i) More than 100 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

����� (ii) More than 100 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

����� (iii) More than 320 acres but not more than 3,840 acres located on any other land.

����� (B) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal energy at a single plant or within a single energy generation area.

����� (C) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 100 megawatts if the power is produced from wind energy at a single energy facility or within a single energy generation area.

����� (2) An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416. An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section.

����� (3) In order to issue a permit, the county shall require that the applicant:

����� (a)(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

����� (B) Conduct a habitat assessment of the proposed development site;

����� (C) Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012; and

����� (D) Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

����� (b) Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

����� (A) Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

����� (B) Inventoried in a local comprehensive plan; or

����� (C) Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905.

����� (c) Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition.

����� (d) Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (2) and 469.501 that the county determines are applicable.

����� (e) Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county.

����� (f) For a renewable energy facility that is a solar photovoltaic power generation facility using the number of acres described in subsection (4) of this section, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

����� (g) For a renewable energy facility that is an electric power generating plant with an average electric generating capacity of at least 50 megawatts but less than 100 megawatts that produces the power from wind energy at a single energy facility or within a single energy generation area, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

����� (4) The requirements in subsection (3)(f) of this section apply to a solar photovoltaic power generation facility using:

����� (a) More than 160 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

����� (b) More than 1,280 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

����� (c) More than 1,920 acres but not more than 3,840 acres located on any other land.

����� (5) Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and county may jointly enter into a cost reimbursement agreement administered by the county with:

����� (a) The State Department of Fish and Wildlife to receive comments under subsection (3)(a) of this section.

����� (b) The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (3)(b) of this section.

����� (c) The State Department of Energy to receive comments under subsection (3)(c) and (d) of this section as well as comments regarding other matters as the county may require.

����� (6) A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (7) of this section. The notice must include, at a minimum:

����� (a) A description of the proposed renewable energy facility;

����� (b) A description of the lots or parcels subject to the permit application;

����� (c) The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

����� (d) The contact information for the governing body of the county and the applicant.

����� (7) The notice required under subsection (6) of this section must be delivered to:

����� (a) The State Department of Fish and Wildlife;

����� (b) The State Department of Energy;

����� (c) The State Historic Preservation Officer;

����� (d) The Oregon Department of Aviation;

����� (e) The United States Department of Defense; and

����� (f) Federally recognized Indian tribes that may be affected by the application. [2019 c.650 �4; 2021 c.60 �1; 2023 c.336 �1; 2025 c.162 �3]

����� 215.447 Photovoltaic solar power generation facilities on high-value farmland. (1) As used in this section, �photovoltaic solar power generation facility� means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.

����� (2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land:

����� (a) Is not located within the boundaries of an irrigation district;

����� (b) Is not at the time of the facility�s establishment, and was not at any time during the 20 years immediately preceding the facility�s establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation;

����� (c) Is located within the service area of an electric utility described in ORS 469A.052 (2);

����� (d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS

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 198.180

198.180. [1995 c.473 �2; 1995 c.416 �35a]

����� Note: 537.248 and 537.249 were added to and made a part of 537.140 to 537.252 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 537.249 Election to have proposed reservation considered as application for permit or rulemaking proceeding. (1) In lieu of the procedure established pursuant to ORS 537.358, for any reservation pending on July 5, 1995, the state agency that requested the reservation may elect to have the proposed reservation considered:

����� (a) As an application for a permit under ORS 537.140 to 537.211 and 537.248; or

����� (b) As a rulemaking proceeding under the applicable provisions of ORS chapter 183 in which case the provisions of ORS 537.358 requiring a public interest review under ORS 537.170 shall not be applicable.

����� (2) A state agency making any election under subsection (1) of this section shall submit a written request to the Water Resources Commission within 90 days after July 5, 1995. The commission shall proceed in accordance with the election made under subsection (1) of this section or, if an election is not submitted, according to the procedure established pursuant to ORS 537.358.

����� (3) A reservation established under the provisions of this section shall have as a priority date the date established in rules of the commission in effect on July 5, 1995.

����� (4) When issuing a reservoir permit for a multipurpose storage project using water reserved or proposed to be reserved under a request originally filed by the Water Resources Department before June 5, 1992, the department shall grant a preference for the project under ORS 537.352.

����� (5) Notwithstanding ORS 537.356, the Water Resources Commission may accept requests to reserve unappropriated water before July 1, 1997, but shall not begin to process such requests before July 1, 1997. Any request to reserve unappropriated water submitted by the State Department of Agriculture before July 1, 1997, also shall consider municipal needs. The priority date of a request received in proper form by the Water Resources Commission after July 5, 1995, shall be the date of receipt. [1995 c.473 �3; 1995 c.416 �35b]

����� Note: See note under 537.248.

����� 537.250 Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights. (1) After the Water Resources Department has received a request for issuance of a water right certificate accompanied by the survey required under ORS 537.230 that shows, to the satisfaction of the department, that an appropriation has been perfected in accordance with the provisions of the Water Rights Act, except as provided in subsection (4) of this section, the department shall issue to the applicant a certificate of the same character as that described in ORS 539.140. The certificate shall be recorded and transmitted to the applicant as provided in that section.

����� (2) When issuing a water right certificate under this section in the name of a district as defined in ORS 540.505, or in the name of a government agency for a district, the department may issue the water right certificate for land not described in the permit in accordance with ORS 537.252.

����� (3) Rights to the use of water acquired under the provisions of the Water Rights Act, as set forth in a certificate issued under this section, shall continue in the owner thereof so long as the water shall be applied to a beneficial use under and in accordance with the terms of the certificate, subject only to loss:

����� (a) By nonuse as specified and provided in ORS 540.610; or

����� (b) As provided in ORS 537.297.

����� (4) The department may not issue a water right certificate for municipal use under this section if:

����� (a) An extension of time is required; and

����� (b) The order approving the extension of time has not become final by operation of law or on appeal. [Amended by 1985 c.392 �11; 1985 c.673 �191; 1987 c.542 �6; 1989 c.509 �6; 1995 c.218 �3; 1995 c.365 �5; 1995 c.416 �21a; 2005 c.410 �3; 2017 c.704 �2]

����� 537.252 Certificate issued for land not described in permit; notice. (1) When issuing a water right certificate under ORS 537.250 to a district, or to a government agency for a district, the Water Resources Department may issue the water right certificate for land not described in the permit if:

����� (a) Water furnished by the district under the permit has been applied beneficially to the land;

����� (b) The land not described in the permit that is proposed to be included in the certificate is included within the legally established boundaries of the district and is subject to the charges, assessments and liens of the district;

����� (c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;

����� (d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and

����� (e) The impact to the water source of including land not described in the permit will not differ significantly from the impact expected at the time the permit was issued for the lands described in the permit.

����� (2) If a district proposes to use water on lands not described in the permit, the Water Resources Department may issue a certificate that includes such additional lands if all of the conditions of subsection (1) of this section are satisfied and if, no later than 60 days before the district actually applies the water to the lands not described in the permit, the district provides written notice to the department. The notice shall include a copy of the original permit map modified to show the lands to be added and lands to be removed from the description of the place of use of the water. Upon receipt of the notice from the district, the department shall provide public notice of the proposed change by means of publication in the department�s weekly public notice.

����� (3) If a district has issued an order of inclusion or exclusion, the boundaries of the irrigation district shall be deemed to have been legally changed in the absence of approval of the Secretary of the Interior.

����� (4) As used in this section:

����� (a) �District� has the meaning given in ORS 540.505.

����� (b) �Legally established boundaries� means the boundaries of a district as established at the time of creation of the district and as the boundaries may have changed after creation of the district by an inclusion, exclusion or merger proceeding according to state law. [1995 c.218 �2; 1995 c.416 �21b; 2003 c.14 �343; 2011 c.52 �4; 2025 c.282 �4]

����� Note: The amendments to 537.252 by section 4, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

����� 537.252. (1) When issuing a water right certificate under ORS 537.250 to a district, or to a government agency for a district, the Water Resources Department may issue the water right certificate for land not described in the permit if:

����� (a) Water furnished by the district under the permit has been applied beneficially to the land;

����� (b) The land not described in the permit that is proposed to be included in the certificate is included within the legally established boundaries of the district and is subject to the charges, assessments and liens of the district;

����� (c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;

����� (d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and

����� (e) The impact to the water source of including land not described in the permit will not differ significantly from the impact expected at the time the permit was issued for the lands described in the permit.

����� (2) If a district proposes to use water on lands not described in the permit, the Water Resources Department may issue a certificate that includes such additional lands if all of the conditions of subsection (1) of this section are satisfied and if, no later than 60 days before the district actually applies the water to the lands not described in the permit, the district provides written notice to the department. The notice shall include a copy of the original permit map modified to show the lands to be added and lands to be removed from the description of the place of use of the water. Upon receipt of the notice from the district, the department shall provide public notice of the proposed change by means of publication in the department�s weekly notice and by publication once each week for two successive weeks in a newspaper having general circulation in the county or counties in which the affected lands are located. The cost of publication shall be paid by the district.

����� (3) If a district has issued an order of inclusion or exclusion, the boundaries of the irrigation district shall be deemed to have been legally changed in the absence of approval of the Secretary of the Interior.

����� (4) As used in this section:

����� (a) �District� has the meaning given in ORS 540.505.

����� (b) �Legally established boundaries� means the boundaries of a district as established at the time of creation of the district and as the boundaries may have changed after creation of the district by an inclusion, exclusion or merger proceeding according to state law.

����� 537.260 Cancellation of permit for failure of proof of completion of appropriation; issuance of limited certificate; contest of issuance of certificate; exception for municipalities. (1) Except as provided under subsection (4) of this section for a permit issued to a municipality, whenever the time within which any appropriation under a permit should have been perfected has expired and the owner of the permit fails or refuses within three months thereafter to submit to the Water Resources Department proof of completion of the appropriation as required by ORS 537.230 and 537.250, the department may, after 60 days� notice by registered mail or by certified mail with return receipt, order the cancellation of the permit. The cancellation shall have the same force and effect as cancellation of a permit in the proceedings provided for in ORS 537.410 to 537.450.

����� (2) The department may determine the extent to which an appropriation has been perfected under any permit at the time of submission of final proof provided for in ORS 537.250, and shall limit the certificate provided for in that section to a description of such appropriation as has been actually perfected to the extent that the water applied for has been actually applied to the beneficial use contemplated in the permit.

����� (3) Any person owning an application, permit or water right certificate subsequent in priority may jointly or severally contest before the department the issuance of the water right certificate at any time before it has issued, and after the time has expired for the completion of the appropriation under the permit, or within three months after issuance of the certificate. The contest shall be brought upon application made, and hearing shall be had in the same manner and after notice as provided in ORS 537.420 for proceedings for cancellation of permits. The department, in a final order, may cancel the permit or determine the extent to which the appropriation claimed thereunder has been perfected, and issue a water right certificate accordingly, or if a certificate has been issued, in the case of a contest within three months after its issuance, the department may cancel the water right certificate, or affirm its issuance, and if the water right certificate in such case is canceled, the permit upon which it is based shall also be canceled.

����� (4) A municipality may partially perfect not less than 25 percent of the water authorized by its permit without loss of priority or cancellation of the municipality�s permit under this section. If a municipality defers perfection of its water right under this section, the department shall issue a certificate under ORS 537.250 only for the amount perfected. Upon perfection of the deferred amount, the municipality shall request a water right certificate for the remaining portion of the water applied for in the original permit application. As used in this section, �municipality� includes a city, a port formed under ORS 777.005 to 777.725 and 777.915 to 777.953, a domestic water supply district formed under ORS chapter 264 or a water authority formed under ORS chapter 450. [Amended by 1983 c.740 �211; 1985 c.673 �38; 1989 c.707 �2; 1991 c.249 �43; 1993 c.577 �35; 1995 c.416 �37]

����� 537.270 Conclusiveness of certificate. A water right certificate issued in accordance with the provisions of ORS

ORS 198.705

198.705, 199.420, 255.012, 366.321, 451.573 and this chapter and for purposes of this chapter shall not be considered as property within the boundaries of such districts, unless the owner of the railroad property expressly consents to its inclusion. [1975 c.782 �2; 2003 c.802 �128; 2007 c.179 �8]

����� 523.040 Powers of district; emergency power; applying for financing gifts and grants. (1) A district formed under this chapter shall have the power to make contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it by this chapter, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it.

����� (2) In an emergency or in order to meet peak demand a district may supply its inhabitants with heat derived from an energy source other than from geothermal resources for purposes of supplementing the geothermal heat supplied by the district.

����� (3) In addition to any other power of a district, it may apply and qualify for and receive any private or federal grants, loans or other funds available for carrying out the objects of the district. [1975 c.782 �3]

����� 523.050 Water and real property transactions; right to obtain geothermal heat from other sources. A geothermal heating district may purchase, sell and hold interests in water and real property in carrying out the objects of the district. A district also has the right to purchase or obtain from cities or other geothermal heating districts, geothermal heat, or an interest in geothermal heat, or an interest in a geothermal heat pipeline owned or operated by a city or other geothermal heating district, or to obtain jointly with a city or other geothermal heating district, any right, or to lay and own individually or jointly with any city or other geothermal heating district, any geothermal heat pipeline for the purposes specified in ORS 523.030. [1975 c.782 �5; 2003 c.802 �129]

����� 523.060 Cooperative agreements; bonds. (1) Districts may enter into cooperative agreements with each other providing for the joint acquisition, construction, ownership, use or control of facilities for the collection, treatment, distribution or supply of geothermal heat.

����� (2) Each district may issue and sell general obligation, revenue or refunding bonds, subject to the limitations and procedures contained or referred to in this chapter for the authorization, issuance or sale of such bonds, for the purpose of paying its share of the cost of the acquisition or construction of facilities provided for in cooperative agreements authorized by this section. [1975 c.782 �18]

����� 523.070 Authority to perform drainage work. Any district may perform drainage work for the purpose of reclaiming real property located within the district, protecting real or personal property located within the district from the effects of geothermal heating, promoting sanitation, providing for the public health, convenience and welfare or providing services of public utility or benefit. The district may use all applicable powers granted to it by this chapter, including the rights and powers of eminent domain, in performing the drainage work authorized by this section. [1975 c.782 �17]

OPERATION

����� 523.110 Regulations on use of geothermal heat; effect of failure to comply. Any district may adopt and promulgate regulations concerning the use of geothermal heat and the property of the district. The board of commissioners may refuse to supply any building, place or premises with geothermal heat where the user fails after 10 days� written notice to comply with the regulations. The written notice shall be by registered mail or by certified mail with return receipt and shall be deemed given when it is deposited in the United States Post Office properly addressed with postage prepaid. [1975 c.782 �11; 1991 c.249 �40]

����� 523.120 Deposit or other security for use of heat. Any district may require a reasonable cash deposit or an irrevocable letter of credit to insure payment for the use or rent of geothermal heat to be furnished by the district. [1975 c.782 �12; 1991 c.331 �75]

����� 523.130 Rates; contracts with users. A geothermal heating district shall charge consumers for the geothermal heat furnished and fix and collect the rates therefor. Rates charged may be fixed and classified according to the type of use and according to the amount of geothermal heat used. Any contract entered into by a district with persons other than domestic users shall provide for immediate cancellation whenever no surplus supply of geothermal heat exists over and above any and all demands of domestic users. A district also may contract with any person or may enter into an intergovernmental agreement under ORS chapter 190 to supply, furnish and sell surplus geothermal heat on such terms and conditions and at such rates as the board of commissioners considers advisable. [1975 c.782 �13; 2003 c.802 �130]

����� 523.140 Rate increase procedure. (1) Whenever any increase is proposed in the existing rates charged geothermal heat consumers by a district pursuant to ORS 523.130, the board of commissioners shall first provide for a public hearing on such proposal before any increased rates are ordered into effect.

����� (2) The public hearing required under subsection (1) of this section shall be held at a place designated by the board after notice thereof has been given by inclusion of a notice of the public hearing in the geothermal heating bills sent to consumers by the district during the period of 30 days prior to the date of the hearing. [1975 c.782 �14]

����� 523.150 Termination of service for nonpayment of heating charge. In case prompt payment of geothermal heating rent or charge is not made, a district may shut off the geothermal heating supply to the building, place or premises to which the district supplied the geothermal heating. [1975 c.782 �15]

����� 523.160 Refund of heating service extension costs by owner of adjacent property. If any person is required by a district to pay the cost of extending a geothermal heating pipeline adjacent to property other than the property of the person so that geothermal heating service is provided for such other property without further extension of the geothermal heating pipeline, the district shall require the owner of the other property, prior to providing geothermal heating service to that property, to refund to the person required to pay the cost of extending the geothermal heating pipeline, a pro rata portion of the cost of the extension. The right to require such refund shall not continue for more than 10 years after the date of installation of the extension of the geothermal heating pipeline. The amount to be refunded shall be determined by the district and such determination shall be final. [1975 c.782 �16]

ASSESSMENTS

����� 523.210 Special assessment for improvements; report; contents. Whenever the district board considers it necessary, upon its own motion, or upon the petition of the owners of one-half of the property that benefits specially from the improvement, to make any improvement to be paid for in whole or in part by special assessment according to benefits, the board shall, by motion, cause a survey and written report for such project to be made and filed with the secretary. Unless the district board directs otherwise, the report shall contain:

����� (1) A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost thereof.

����� (2) Plans, specifications and estimates of the work to be done; however, where the proposed project is to be carried out in cooperation with any other governmental agency, the district board may adopt the plans, specifications and estimates of such agency.

����� (3) An estimate of the probable cost of the improvement, including any legal, administrative and engineering costs attributable thereto.

����� (4) An estimate of the unit cost of the improvement to the specially benefited properties.

����� (5) A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited.

����� (6) The description and assessed value of each lot, parcel of land or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof.

����� (7) A statement of outstanding assessments against property to be assessed. [1975 c.782 �19]

����� 523.220 Action on special assessment report by board. After the report has been filed with the secretary, the district board may by motion approve the report, modify the report and approve it as modified, require additional or different information for the improvement, or it may abandon the improvement. [1975 c.782 �20]

����� 523.230 Approval of special assessment report; notice of improvement; contents. After the district board approves the report as submitted or modified, the board shall, by resolution, declare its intention to make the improvement, provide the manner and method of carrying out the improvement and direct the secretary to give notice of the improvement. Such notice shall be given by two publications one week apart in a newspaper of general circulation within the district, and by mailing copies of the notice by registered or certified mail to the owners to be assessed for the costs of the improvement. The notice shall contain the following:

����� (1) That the report of the improvement is on file in the office of the secretary and is subject to public examination.

����� (2) That the district board will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than 10 days following the first publication of notice, at which objections and remonstrances to the improvement will be heard by the board; and that if prior to such hearing there shall be presented to the secretary valid, written remonstrances of the owners of two-thirds of the property or two-thirds of the front footage of the property to be specifically affected for the improvement, then the improvement will be abandoned for at least six months, unless the improvement is unanimously declared by the district board to be needed at once because of an emergency.

����� (3) A description of the property to be specially benefited by the improvement, the owners of the property and the estimate of the unit cost of the improvement to be paid for by special assessments to benefited properties. [1975 c.782 �21]

����� 523.240 Means of constructing improvement. The board of a geothermal heating district may provide in the improvement resolution that the construction work will be done in whole, or in part, by the district, by a contract or by any other public body as defined in ORS 174.109, or by any combination thereof. [1975 c.782 �22; 2003 c.802 �131]

����� 523.250 Order to carry out or abandon improvement after public hearing; assessment ordinance. (1) At the time of the public hearing on the proposed improvement, if the written remonstrances represent less than the amount of property required to defeat the proposed improvement, if such an improvement is one that can be remonstrated against, then on the basis of such hearing of written remonstrances and oral objections, if any, the district board may, by motion, at the time of the hearing or within 60 days thereafter, order the improvement to be carried out in accordance with the resolution, or the district board may, on its own motion, abandon the improvement.

����� (2) After the public hearing on the proposed improvement and after the district board has moved to proceed with the improvement, it may pass an ordinance assessing the various lots, parcels of land or parts thereof, to be specially benefited with their apportioned share of the cost of the improvement; but the passage of an assessment ordinance may be delayed until the contract for the work is let, or until the improvement is completed and the total cost thereof is determined. [1975 c.782 �23]

����� 523.260 Method of assessment. The district board in adopting a method of assessment of the costs of the improvement may:

����� (1) Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived.

����� (2) Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefited.

����� (3) Authorize payment by the district of all, or any part, of the cost of any such improvement, when in the opinion of the board the topographical or physical conditions, or unusual or excessive public travel, or other character of the work involved warrants only a partial payment or no payment by the benefited property of the costs of the improvement. [1975 c.782 �24]

����� 523.270 Appeal of assessment. Any person feeling aggrieved by the assessments made under an assessment ordinance may, within 20 days after the passage of the ordinance levying the assessment by the district board, appeal to the circuit court for the county in which the district is located. The appeal and the requirements and formalities thereof shall be heard, governed and determined, and the judgment thereon rendered and enforced, in the manner provided for appeals from assessments in ORS 223.005 to

ORS 198.800

198.800 except that the notice shall state that the county board has entered an order declaring its intention to initiate formation. The hearing and election on the proposal, and election of board members, shall be conducted as provided by ORS 198.800 to 198.825. [1971 c.727 �32]

����� 198.845 Costs. The county shall bear the cost of formation or attempted formation of a district under ORS 198.835 to 198.845. However, if a district is formed, the district shall reimburse the county for any expenses incurred by the county in making necessary preliminary engineering studies and surveys in connection with the formation of the district. [1971 c.727 �33]

(Annexation)

����� 198.850 Annexation petition or resolution; delayed effective date for certain annexations. (1) When the electors of an area wish to annex to a district, they may file an annexation petition with the county board. Before the petition is filed with the county board, it shall be approved by indorsement thereon by the board of the affected district and by any other agency also required by the principal Act to indorse or approve the petition.

����� (2) ORS 198.800 to 198.820 apply to the proceeding conducted by the county board and the rights, powers and duties of petitioners and other persons having an interest in the proceedings. However, when determining whether to approve an annexation petition filed under this section, the county board, in lieu of the criteria prescribed by ORS 198.805 (1) and 199.462, shall consider the local comprehensive plan for the area and any service agreement executed between a local government and the affected district.

����� (3) In lieu of a petition, annexation may be initiated by resolution of the district board or of the county board. Proceedings may also be initiated by any other public agency if authorized by the principal Act. If proceedings are initiated by the district board or another public agency, a resolution setting forth the matters described by ORS 198.835 shall be filed with the county board. The proceeding thereafter shall be conducted as provided by ORS 198.835 to 198.845. However, when determining whether to approve the resolution, the county board, in lieu of the criteria prescribed by ORS 198.805 (1) and 199.462, shall consider the local comprehensive plan for the area and any service agreement executed between a local government and the affected district. An annexation initiated by the district board may include an effective date that is not later than 10 years after the date of the order declaring the annexation. [1971 c.727 �34; 1991 c.637 �5; 1999 c.392 �3]

����� 198.855 Annexation election; annexation without election when petition signed by all landowners or by majority of electors and owners of more than half of land. (1) If the annexation petition is not signed by all the owners of all the lands in the territory proposed to be annexed or is not signed by a majority of the electors registered in the territory proposed to be annexed and by the owners of more than half of the land in the territory and an election is ordered on the proposed annexation as provided by ORS 198.815, the county board shall order an election to be held in the territory and the county board also shall order the board of the affected district to hold an election on the same day, both elections to be held for the purpose of submitting the proposed annexation to the electors. The district board shall certify the results of the election to the county board. The order of annexation shall not be entered by the county board unless a majority of the votes in the territory and a majority of the votes in the district are in favor of the annexation. If a majority of the votes cast in both elections do not favor annexation, the county board by order shall so declare.

����� (2) Two or more proposals for annexation of territory may be voted upon at the same time. However, within the district each proposal shall be stated separately on the ballot and voted on separately and, in the territory proposed to be annexed, no proposal for annexing other territory shall appear on the ballot.

����� (3) If the annexation petition is signed by all of the owners of all land in the territory proposed to be annexed or is signed by a majority of the electors registered in the territory proposed to be annexed and by the owners of more than half of the land in the territory, an election in the territory and district shall be dispensed with. After the hearing on the petition, if the county board approves the petition as presented or as modified or, if an election is held, if the electors approve the annexation, the county board shall enter an order describing the boundaries of the territory annexed and declaring it annexed to the district. [1971 c.727 �35; 1987 c.818 �5]

����� 198.857 Annexation without election by petition of landowner. (1) Notwithstanding ORS 198.750,

ORS 201.090

201.090) and Jefferson (see 201.160) Counties. The northern boundary of Linn County is the southern boundary of Marion County (see 201.240). The western boundary of Linn County is the Willamette River adjacent to parts of the eastern boundaries of Benton (see 201.020) and Polk (see 201.270) Counties.

����� For description of area removed from Linn County and annexed to Lane County, see 201.200.

����� 201.230 Malheur County. The boundary of Malheur County is as follows: Beginning at the intersection of the south boundary of the state and the range line between ranges 38 and 39, E. W. M.; thence north along the range line to a point where the range line intersects the south boundary of township 37 south; thence west along the township line to the range line between ranges 36 and 37 east; thence north along the range line to the northwest corner of section 19, township 15 south, range 37 east; thence east along the section line to the southwest corner of section 16; thence north along the section line to the northwest corner of the section; thence east along the section line to the southwest corner of section 11; thence north along the section line to the northwest corner of section 2; thence east along the township line to the southwest corner of section 36, township 14 south, range 37 east; thence north along the section line to the northwest corner of the section; thence east along the section line to the southwest corner of section 30, township 14 south, range 38 east; thence north along the range line to the northwest corner of section 30; thence east along the section line to the southwest corner of section 20; thence north to the northwest corner of the section; thence east along the section line to the southwest corner of the southeast quarter of the southwest quarter of section 17; thence north to the northwest corner of the northeast quarter of the northwest quarter of the section; thence east along the section line to the southwest corner of section 9; thence north along the section line to the northwest corner of the section; thence east along the section line to the southwest corner of section 3; thence north along the section line to the northwest corner of the southwest quarter of the southwest quarter of section 34, township 13 south, range 38 east; thence east to the northwest corner of the southwest quarter of the southwest quarter of section 35; thence north along the section line to the northwest corner of section 26; thence east along the section line to the southwest corner of section 24; thence north along the section line to the northwest corner of the section; thence east along the section line to the southwest corner of section 17, township 13 south, range 39 east; thence north along the section line to the northwest corner of the section; thence east along the section line to the northeast corner of section 17, township 13 south, range 42 east; thence south along the section line to the southeast corner of the section; thence east along the section line to the northeast corner of section 21; thence south along the section line to the southeast corner of the section; thence east along the section line to the northeast corner of section 26; thence south along the section line to the southeast corner of the section; thence east along the section line to the northeast corner of section 36; thence south along the range line to the southeast corner of the section; thence east along the township line to the northeast corner of section 6, township 14 south, range 43 east; thence south along the section line to the intersection of the south boundary line of township 14 south, range 43 east; thence east on the south boundary line of township 14 south, to the middle channel of the Snake River between Oregon and Idaho; thence up the meanderings of Snake River on the line between Oregon and Idaho to the mouth of the Owyhee River on such line; thence south on the line between Oregon and Idaho to the north line of Nevada; thence west on the north line of Nevada to the place of beginning.

����� 201.240 Marion County. (1) The boundary of Marion County is as follows:

����� (a) The line dividing Marion and Yamhill Counties is a line drawn along the middle of the main channel of the Willamette River where that main channel is located on June 22, 1981. All land on the east side of the line dividing Marion and Yamhill Counties is part of Marion County.

����� (b) The southern boundary of Marion County and the northern boundary of Linn County commences in the middle in the main channel of the Willamette River opposite the mouth of the Santiam River; thence up the middle of the main channel of the Santiam River as it existed on April 21, 1982, to a point opposite the mouth of the north fork of the river; thence up the middle of the main channel of the north fork as it existed on April 21, 1982, to the mouth of Whitewater Creek; thence up the creek to a point where the creek crosses the section line between sections 21 and 28 in township 10 south, range 7 east, Willamette Meridian; thence due east along the section line projected to the summit of the Cascade Mountains.

����� (2) When the Willamette River, the Santiam River, the north fork of the Santiam River or Whitewater Creek serves as the boundary between Linn and Marion Counties in subsection (1)(b) of this section, a reference to one of these rivers or creeks refers to the middle of the river or creek as it existed on January 8, 2003, and may be further identified using coordinates and other location information determined by the affected county surveyors and filed by the appropriate counties with the appropriate county assessors and the Department of Revenue under ORS 308.225. [Amended by 1981 c.214 �1; 1985 c.122 �1; 2003 c.622 �4]

Note: In addition to the boundary described in 201.240, the eastern boundary of Marion County is the summit of the Cascade Range adjacent to parts of the western boundaries of Jefferson (see

ORS 201.100

201.100). The western boundary of Jackson County is the eastern boundary of Josephine County (see 201.170). The southern boundary of Jackson County is the Oregon-California line.

����� Umpqua County, referred to in 201.150 (1), was incorporated in Douglas County in 1863.

����� 201.160 Jefferson County. The boundary of Jefferson County is as follows: Beginning at the southeast corner of township 11 south, range 19 east of Willamette Meridian; running thence in a westerly direction along township lines to the northwest corner of section 4, township 12 south, range 16 east of the Willamette Meridian; thence in a southerly direction along section lines to the southwest corner of section 33, township 12 south, range 16 east; thence in a westerly direction along township lines to the southwest corner of township 12 south, range 15 east; thence in a southerly direction to the southwest corner of township 13 south, range 15 east; thence in a westerly direction along township lines to the summit of the Cascade Range; thence northerly along the summit of the Cascade Range to the projection westerly of the township line between townships 8 and 9 south; thence easterly along such projection and along the township line between townships 8 and 9 south to the intersection of such township line and the middle of the main channel of John Day River; thence up the main channel of John Day River to a point where such main channel intersects the east line of section 25, township 9 south, range 19 east; thence south on the east line of range 19 east to the point of beginning.

����� 201.170 Josephine County. The boundary of Josephine County is as follows: Beginning at the east quarter corner of section 13, township 33 south, range 5 west, Willamette Meridian, which point is on the range line between ranges 4 and 5; thence west one mile; north one and one-half miles; west one and one-fourth miles; north one-half mile; west one and three-fourths miles; south one-fourth mile; west one mile; north one-fourth mile; west two miles; north one-half mile; west one-fourth mile; south one mile; west one and one-half miles; south one mile; west one-fourth mile; north one-fourth mile; west one mile; south one-fourth mile; west one mile; south one-half mile; west one-half mile; south one-fourth mile; west one-half mile; north on the range line between ranges 6 and 7 to the east quarter corner of section 13, township 33 south, range 7 west; thence west one and one-half miles; north one-half mile; west two and one-half miles; north one-half mile; west one mile; north one-half mile; west one-fourth mile; north three-fourths mile; west one-fourth mile; south one-fourth mile; west one-half mile; north to the township line; west on the township line to the southeast corner of section 31, township 32 south, range 8 west; thence north three-fourths mile; west one-half mile; north one-fourth mile; west one-half mile to the range line; south to the southwest corner of section 31, township 32 south, range 8 west; thence west to the southwest corner of section 36, township 32 south, range 9 west; thence north to a point on the line separating Douglas County on the north from Curry County on the south and due north of the head of Kelsey Canyon; thence down Kelsey Canyon to Rogue River; thence on a straight line to the head of a prominent butte situate on the top of the dividing ridge between the waters of Rogue River and Indigo Creek, and about two miles northeast of Bear Camp; thence to the nearest waters of Indigo Creek; thence following down Indigo Creek to the Illinois River; thence up the Illinois River to the mouth of Collier Creek; thence up Collier Creek and up the south branch of such creek to the top of the dividing ridge separating the waters of the Illinois River on the east from the waters of the Chetco River and the north fork of Smith River on the west; thence following along on the divide to the south boundary of the state; thence east along the boundary to the range line between townships 4 and 5, west of Willamette Meridian; thence north to the place of beginning.

����� 201.180 Klamath County. The boundary of Klamath County is as follows: Beginning at the intersection of the south boundary of the state and the range line between ranges 15 and 16 east; thence northerly along such range line to the northeast corner of township 33 south, range 15 east; thence westerly along the township line between townships 32 and 33 south to the southwest corner of township 32 south, range 12 east; thence northerly along the range line to the northeast corner of township 23 south, range 11 east; thence westerly along township lines to the summit of the Cascade Range; thence southerly along the summit of the Cascade Range to latitude 43 degrees 4 minutes north, being the north boundary of Crater Lake National Park; thence due west to the projection north of the range line between ranges 4 and 5 east; thence south along such projection and range line to the south boundary of the state; thence easterly along such south boundary to the place of beginning.

����� 201.190 Lake County. The boundary of Lake County is as follows: Beginning at the intersection of the south boundary of the state and the east line of range 28 east of the Willamette Meridian; thence northerly along such range line to the northeast corner of township 33 south, range 28 east; thence westerly along township lines to the southwest corner of township 32 south, range 24 east; thence northerly along the west line of range 24 east to the northeast corner of township 23 south, range 23 east; thence westerly along township lines to the northwest corner of township 23 south, range 12 east; thence southerly along the west line of range 12 east to the southwest corner of township 32 south, range 12 east; thence easterly along township lines to the northeast corner of township 33 south, range 15 east; thence southerly along the east line of range 15 east to the south boundary of the state; thence easterly along the south boundary of the state to the point of beginning.

����� 201.200 Lane County. (1) The boundary of Lane County is as follows:

����� (a) All that portion of Oregon lying south of Linn County, and south of so much of Benton County as is east of Umpqua County.

����� (b) The southern boundary of Lane County is as follows: Beginning at a point in the present boundary line between Lane and Klamath Counties on the summit of the Cascade Range, at a point due east of the southeast corner of township 24 south, range 5 east of the Willamette Meridian; thence west on the township line to the Willamette Meridian, at the southeast corner of township 24 south, range 1 west; thence north seven and one-half miles to the east one-quarter section corner of section 25, township 23 south, range 1 west of the Willamette Meridian; thence west on the one-half section line 18 miles to the west one-quarter section corner of section 30, township 23 south, range 3 west of the Willamette Meridian; thence north four and one-half miles to the southeast corner of township 22 south, range 4 west of the Willamette Meridian; thence west on the township line one and one-half miles to the south one-quarter corner of section 35, township 22 south, range 4 west of the Willamette Meridian; thence north 12 miles to the north one-quarter corner of section 2, township 21 south, range 4 west of the Willamette Meridian; thence west ten and one-half miles to the southwest corner of township 20 south, range 5 west of the Willamette Meridian; thence north two miles to the southeast corner of section 24, township 20 south, range 6 west of the Willamette Meridian; thence west six miles to the southwest corner of section 19, township 20 south, range 6 west of Willamette Meridian; thence north one and one-half miles to the east one-quarter corner of section 13, township 20 south, range 7 west of the Willamette Meridian; thence west three miles to the west one-quarter corner of section 15, township 20 south, range 7 west of the Willamette Meridian; thence north two and one-half miles to the northwest corner of section 3, township 20 south, range 7 west of the Willamette Meridian; thence west on township line to northwest corner of township 20 south, range 7 west; thence north to the southeast corner of section 24, township 19 south, range 8 west of the Willamette Meridian; thence west two miles to the southwest corner of section 23, township 19 south, range 8 west of the Willamette Meridian; thence north two miles to the southwest corner of section 11, township 19 south, range 8 west of the Willamette Meridian; thence west to the northwest corner of section 16, township 19 south, range 8 west of the Willamette Meridian; thence north one mile to the northwest corner, section 9, township 19 south, range 8 west of the Willamette Meridian; thence west on section line two miles to the northwest corner of section 7, township 19 south, range 8 west of Willamette Meridian; thence north to the northeast corner of section 12, township 19 south, range 9 west of the Willamette Meridian; thence west six miles on the section line to the southwest corner section 6, township 19 south, range 9 west of the Willamette Meridian; thence south on township line to northeast corner of section 12, township 19 south, range 10 west of the Willamette Meridian; thence west on section line one-quarter mile; thence south one-half mile; thence west one-quarter mile; thence south one-quarter mile; thence west one-quarter mile; thence south one-quarter mile; thence west one-quarter mile to the southwest corner of section 12, township 19 south, range 10 west; thence south one-quarter mile; thence west one-quarter mile; thence south one-quarter mile; thence west one-half mile; thence south one-quarter mile; thence west one-half mile; thence south one-quarter mile; thence west one-quarter mile to the corner common to sections 15 and 22, township 19 south, range 10 west; thence south one-quarter mile; thence west one-quarter mile; thence south one-quarter mile, thence west three-quarters mile; thence south one-quarter mile; thence west one-quarter mile; thence south one-quarter mile; thence west one-quarter mile to the northeast corner of section 29, township 19 south, range 10 west; thence west one mile to the northwest corner of section 29; thence south to the southeast corner of section 31, township 19 south, range 10 west of the Willamette Meridian; thence west to the northeast corner of township 20 south, range 11 west of the Willamette Meridian; thence south one-half mile to the east one-quarter corner of section 1, township 20 south, range 11 west of the Willamette Meridian; thence west on the half-section line to the Pacific Ocean.

����� (c) Beginning at a point on the left bank of the Willamette River where the south line of section 16, in township 15 south, range 4 west of the Willamette Meridian intersects the left bank, that point being 58 links east of the one-quarter section corner on the south line of section 16; thence running along the meanders of the left bank north 49 degrees east 4.50 chains; thence north 10 degrees east 14.50 chains; thence north 28 degrees west 13.50 chains; thence north 7 degrees west 28.70 chains; thence north 15 degrees east 7.30 chains; thence north 30 degrees east 3.50 chains; thence north 59 degrees east 7.85 chains; thence north 82 degrees east 4.50 chains; thence north 40 degrees east four chains; thence north 10 degrees east 4.50 chains to the meander corner on the north line of section 16 where the section line intersects the left bank of the river, that point being south 89 degrees 30 minutes east 14.18 chains distant from the one-quarter section corner on the north line of section 16 in such township and range; thence south 89 degrees 30 minutes east four chains more or less to the center of the main channel of the Willamette River; thence following the center of the main channel of the river in a southerly direction up stream to the south line of section 16; thence north 89 degrees 30 minutes west 10 chains more or less to the point of beginning, and containing 120 acres more or less.

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

����� Note: In addition to the boundary described in 201.200, the eastern boundary of Lane County is the summit of the Cascade Range adjacent to parts of the western boundaries of Deschutes County (see 201.090) and Klamath County (see 201.180). The northern boundary of Lane County is the southern boundaries of Linn (see 201.220), Benton (see 201.020), and Lincoln (see 201.210) Counties. The western boundary of Lane County is the Pacific Ocean.

����� Umpqua County, referred to in 201.200 (1), was incorporated in Douglas County in 1863.

����� 201.210 Lincoln County. The boundary of Lincoln County is as follows: Beginning at the northwest corner of Siletz Indian Reservation; thence east to the Polk County line; thence south to the southeast corner of section 36, township 9 south, range 9 west, Willamette Meridian; thence east one mile to the northeast corner of section 6, township 10 south, range 8 west; thence south one mile and 15.45 chains to the Polk County line; thence east to the Benton County line; thence south to the southeast corner of township 10 south, range 8 west; thence east to the northeast corner of township 11 south, range 8 west, Willamette Meridian; thence south along the range line to the southeast corner of section 13, township 13 south, range 8 west; thence west six miles to the northwest corner of section 19, township 13 south, range 8 west; thence south to the southeast corner of section 36, township 13 south, range 9 west; thence east to the northeast corner of section 1, township 14 south, range 9 west; thence south to the southeast corner of the northeast quarter of the northeast quarter of section 12, township 15 south, range 9 west; thence west along the one-sixteenth section line to the west line of section 7, township 15 south, range 10 west; thence south to the southeast corner of the northeast quarter of the northeast quarter of section 12, township 15 south, range 11 west; thence west along the one-sixteenth line to the west line of section 7, township 15 south, range 11 west; thence south to the southeast corner of the northeast quarter of the northeast quarter of section 12, township 15 south, range 12 west; thence west to the Pacific Ocean; thence north along the Pacific Ocean to the place of beginning.

����� Note: For description of area removed from Lincoln County and annexed to Benton County, see 201.020.

����� 201.220 Linn County. (1) The boundary of Linn County is as follows:

����� (a) All that portion of Oregon lying south of Marion County and east of Benton County.

����� (b) The southern boundary of Linn County is as follows: Beginning in the middle of the main channel of the Willamette River, due west from where the south line of section 3, township 16 south, range 4 west intersects the river; running thence east on the section line to the southwest corner of section 2, township 16 south, range 2 west; thence north on the section line to the northwest corner of section 23, township 15 south, range 2 west; thence east on the section line to the northeast corner of section 24, township 15 south, range 2 west; thence north on the township line between township 15 south, range 1 west, and township 15 south, range 2 west, to the summit of the ridge dividing the waters of the tributaries of the Calapooia River from the waters of the tributaries of the Mohawk River; thence easterly along the summit of the ridge dividing the waters of the Calapooia River and its tributaries from the waters of the tributaries of the Mohawk River and the tributaries of the McKenzie River to where the same intersects the west line of section 35, township 15 south, range 3 east; thence north to the southwest corner of the northwest quarter of the northwest quarter of section 35; thence east to the east line of section 35; thence south to the quarter section corner between sections 35 and 36; township 15 south, range 3 east; thence east to the east line of section 36; thence south to the summit dividing the waters of Calapooia River from the waters of the tributaries of the McKenzie River; thence easterly along the summit of the ridge to the intersection of the summit with the present southern boundary of Linn County, in township 15 south, range 4 east; thence east along the present boundary line between the counties to the summit of the Cascade Mountains.

����� (2) When the Willamette River serves as the boundary between Linn and Lane Counties in subsection (1)(b) of this section, a reference to the river refers to the middle of the Willamette River as it existed on January 8, 2003, and may be further identified using coordinates and other location information determined by the affected county surveyors and filed by the appropriate counties with the appropriate county assessors and the Department of Revenue under ORS 308.225. [Amended by 2003 c.622 �3]

����� Note: In addition to the boundary described in 201.220, the eastern boundary of Linn County is the summit of the Cascade Range adjacent to parts of the western boundaries of Deschutes (see

ORS 201.140

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ORS 201.200

201.200 and 201.210.

����� 201.030 Clackamas County. The boundary of Clackamas County is as follows:

����� (1) The territory bounded north by Multnomah County, east and south by the Willamette River and west by the meridian line, and that part of Washington County lying in section 12, in township 3 south of the base line, and township 1 west of the Willamette Meridian.

����� (2) So much of Yamhill County as is embraced within township 3 south of range 1 west of Willamette Meridian, as described on the government surveys.

����� (3) The boundary line between Clackamas and Marion Counties commences in the center of the Willamette River where the first section line of the government surveys below the town of Butteville in Marion County intersects the Willamette River; thence east to the third section corner from such river; thence south to the township line; thence in a due east course to the middle of Pudding River; thence up such river to the mouth of Butte Creek; thence up Butte Creek to a point at its source, from which point a rock 7 by 4 by 3 feet above ground marked �X� B. S. bears north 85 degrees east twenty-two one-hundredths chains, and from which point another rock 4 by 3 by 3 feet above ground marked �X� B. S. bears west thirty-five one-hundredths chains, which point is eighteen and forty one-hundredths chains south and fourteen and seventy-five one-hundredths chains west of the quarter-section corner between sections 11 and 12 in township 8 south, range 3 east of the Willamette Meridian; thence due east to the summit of the Cascade Mountains.

����� Note: In addition to the boundary described in 201.030, the eastern boundary of Clackamas County is the summit of the Cascade Range adjacent to parts of the western boundaries of Wasco County (see 201.330) and Hood River County (see 201.140). The northern boundary of Clackamas County is the southern boundary of Multnomah County (see 201.260).

����� For description of area removed from Clackamas County and annexed to Multnomah County, see

ORS 203.121

203.121]

����� 203.148 Public Land Corner Preservation Fund; fees for recording. (1) The county governing body may establish by ordinance a fund to be known as the Public Land Corner Preservation Fund. Moneys in the Public Land Corner Preservation Fund shall be used only to pay expenses incurred and authorized by the county surveyor in the establishment, reestablishment and maintenance of corners of government surveys under ORS 209.070 (5) and (6).

����� (2) After providing public notice of its intended action and holding a public hearing at which the residents of the county may appear and be heard on the issue of establishing or changing the fee, the county governing body may establish by resolution or order a fee for recording all instruments under ORS 205.130 (2) in addition to any other fee charged by the county clerk.

����� (3) All moneys collected under this section shall be deposited with the county treasurer at least once a month to be credited to the Public Land Corner Preservation Fund. [1985 c.582 �5; 1987 c.469 �1; 1991 c.621 �1; 2025 c.98 �1]

����� Note: 203.148 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 203 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 203.150 [Repealed by 1981 c.41 �3]

����� 203.160 [Repealed by 1981 c.41 �3]

����� 203.170 [Amended by 1953 c.477 �7; 1957 c.49 �1; repealed by 1981 c.41 �3]

����� 203.180 [Repealed by 1953 c.306 �18]

����� 203.190 [Repealed by 1981 c.41 �3]

����� 203.200 [Repealed by 1979 c.772 �17]

����� 203.210 [Amended by 1953 c.306 �17; repealed by 1971 c.88 �8]

����� 203.219 [1953 c.477 �1; repealed by 1971 c.88 �8]

����� 203.220 [1953 c.477 �3; repealed by 1971 c.88 �8]

����� 203.223 [1959 c.174 �1; repealed by 1971 c.88 �8]

����� 203.224 [1959 c.174 �4; repealed by 1981 c.41 �3]

����� 203.226 [1963 c.386 �1; repealed by 1971 c.88 �8]

����� 203.228 [1963 c.386 �3; repealed by 1981 c.41 �3]

BOARDS OF COUNTY COMMISSIONERS

����� 203.230 Abolishing office of county judge and establishing board of county commissioners in noncharter county; referral of order; operative date. (1) The county court of any county which has not adopted a county charter pursuant to ORS 203.710 to 203.770, and in which the county judge has no judicial function, may order the office of county judge abolished and create in lieu thereof a third county commissioner. The order shall transfer all powers and duties of the county court and county judge to the board of county commissioners and, unless referred to the people, shall be effective on the date specified therein. The order made under this subsection may be referred to the people of the county for their approval or rejection and, if approved, shall become operative on the date specified in the order referred. The people of the county shall vote on such order at a primary election or general election.

����� (2) If, in a year in which a county judge is to be elected in the county, the order made under subsection (1) of this section is to become operative:

����� (a) On or subsequent to the date of the primary election but prior to the general election, then those persons nominated at the primary election for the office of county judge shall be candidates for the office of county commissioner created in the order.

����� (b) On or subsequent to the date of the regular general election, then the person elected to the office of county judge shall, upon the expiration of the term of office of the county judge holding office at the time the order was approved, take office as the county commissioner created in the order if the order has become operative.

����� (3) When the order issued under subsection (1) of this section becomes operative, the county judge shall, until the expiration of the term of office of the county judge, serve as the third county commissioner. At the general election next preceding the expiration of the term of office of the county judge there shall be elected, in addition to the two county commissioners provided by law for each county, one county commissioner who shall possess the same qualifications and be subject to the same provisions of law as the other county commissioners.

����� (4) The order issued under subsection (1) of this section may specify any or all of the following relating to the third commissioner:

����� (a) Compensation that is different from the other commissioners;

����� (b) Powers and duties that are different from the other commissioners; and

����� (c) Service as chairperson of the board of commissioners.

����� (5) The person serving as county judge on the date the office is abolished shall serve as chairperson of the board of county commissioners until the expiration of the term of office of that person and shall be subject to the same provisions of law as the other county commissioners. [1961 c.571 �1; 1987 c.267 �65; 1995 c.712 �88; 1997 c.277 �1]

����� 203.240 Organization, powers and duties of board. (1) A board of county commissioners shall:

����� (a) Have the powers and duties and be otherwise subject to the laws applicable to county courts sitting for the transaction of county business.

����� (b) Unless provided otherwise by county charter or ordinance, consist of three county commissioners. A majority of the board is required to transact county business.

����� (c) Except as otherwise provided in ORS 203.230 (5) or an order issued under ORS 203.230 (1), appoint a chairperson from among their number who shall serve until the first Monday in January next following appointment. If two members of the board cannot agree on the appointment of a chairperson, the member of the board who is longest in length of service shall act as chairperson.

����� (2) When a county has established a board of county commissioners any reference in the statutes to the county court of that county shall be considered a reference to the board of county commissioners of the county. [1961 c.571 �2; 1971 c.88 �7; 1981 c.140 �4; 1985 c.756 �2; 1997 c.277 �2]

����� 203.310 [Repealed by 1959 c.527 �11]

����� 203.320 [Repealed by 1959 c.527 �11]

����� 203.330 [Repealed by 1959 c.527 �11]

����� 203.340 [Repealed by 1959 c.527 �11]

����� 203.350 [Repealed by 1959 c.527 �11]

����� 203.360 [Repealed by 1959 c.527 �11]

����� 203.370 [Repealed by 1959 c.527 �11]

����� 203.380 [Repealed by 1959 c.527 �11]

����� 203.390 [Repealed by 1959 c.527 �11]

����� 203.400 [Repealed by 1959 c.527 �11]

����� 203.410 [Repealed by 1959 c.527 �11]

����� 203.420 [Repealed by 1959 c.527 �11]

����� 203.430 [Repealed by 1959 c.527 �11]

����� 203.440 [Repealed by 1959 c.527 �11]

����� 203.450 [Repealed by 1959 c.527 �11]

����� 203.460 [Repealed by 1959 c.527 �11]

����� 203.470 [Repealed by 1959 c.527 �11]

����� 203.480 [Repealed by 1959 c.527 �11]

����� 203.490 [Repealed by 1959 c.527 �11]

����� 203.500 [Repealed by 1959 c.527 �11]

����� 203.510 [Repealed by 1959 c.527 �11]

����� 203.520 [Repealed by 1959 c.527 �11]

����� 203.530 [Repealed by 1959 c.527 �11]

����� 203.540 [Repealed by 1959 c.527 �11]

����� 203.550 [Repealed by 1959 c.527 �11]

COUNTY HOME RULE

����� 203.710 Performance of functions by officers designated by county law; definition. (1) The designation of county officers to perform functions under ORS 203.710 to 203.770 extends to those officers who, under a county charter or legislation enacted pursuant thereto, may be designated to perform the same functions.

����� (2) References to the county court in ORS 203.710 to 203.770 include the board of county commissioners.

����� (3) As used in ORS 203.710 to 203.770, unless the context requires otherwise, �legally called election� means any primary election or general election held throughout the county. [1959 c.527 �1; 1961 c.339 �1; 1995 c.712 �89]

����� 203.720 Electors of county may adopt, amend, revise or repeal county charter by simple majority; certain provisions, deemed matters of county concern, to prevail over state law. (1) The electors of the county, by majority vote of such electors voting on the question at any legally called election, may adopt, amend, revise or repeal a county charter.

����� (2) The charter, or legislation passed by the county pursuant to the charter, shall provide a method whereby the electors of the county, by majority vote of such electors voting on the question at any legally called election, may amend, revise or repeal the charter.

����� (3) The county charter and legislative provisions relating to the amendment, revision or repeal of the charter are deemed to be matters of county concern and shall prevail over any conflicting provisions of ORS 203.710 to 203.770 and other state statutes unless otherwise specifically provided by conflicting state statutes first effective after January 1, 1961.

����� (4)(a) Notwithstanding the charter of the county or any other provision of law, the adoption, amendment, revision or repeal of a county charter shall be decided by simple majority vote.

����� (b) Nothing in this subsection is intended to prevent a county from amending its charter to provide for the adoption by a supermajority or double majority vote or by any other heightened vote requirement of measures imposing or increasing fees, taxes, assessments, fines, penalties, charges or any other revenue-generating mechanisms of any kind. [1959 c.527 �2; 2025 c.511 �1]

����� 203.725 County charter amendment; single subject; separate submission to electors. (1) A proposed amendment to a county charter, whether proposed by the county governing body or by the people of the county in the exercise of the initiative power, shall embrace but one subject and matters properly connected therewith.

����� (2) When two or more amendments to a county charter are submitted to the electors of the county for their approval or rejection at the same election, they shall be so submitted that each amendment shall be voted on separately.

����� (3) Notwithstanding any county charter or legislation enacted thereunder, this section shall apply to every amendment of a county charter and shall take precedence and prevail over any conflicting provisions in a county charter or in legislation enacted thereunder. [1983 c.240 �2]

����� 203.730 Charter committee appointed after filing of resolution or petition; sufficiency of petition; notice to persons entitled to make appointments to committee. (1) A county charter may be proposed by a committee appointed after the filing with the county clerk of:

����� (a) A resolution requesting appointment of the committee, adopted by a majority of the county court; or

����� (b) A petition requesting appointment of the committee, signed by such number of electors of the county as is equal to at least four percent of the whole number of votes cast within the county for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term. The petition shall be substantially in such form as the county clerk may prescribe.

����� (2) The county clerk, not later than the fifth day after the filing of the resolution of the county court, shall give written notice thereof to those persons entitled to participate in the appointment of a member of the committee.

����� (3) Upon the filing with the county clerk of a petition requesting the appointment of a committee, the county clerk, not later than the 15th day after the filing of the petition, shall verify the signatures and certify to the county court the findings as to the sufficiency of such petition. If the petition is found to be sufficient, the county clerk immediately shall give written notice thereof to those persons entitled to participate in the appointment of a member of the committee. [1959 c.527 ��3,4; 1973 c.255 �1; 1979 c.190 �403; 1989 c.174 �1]

����� 203.740 Charter committee and members; appointment, qualifications, vacancies, terms, organization, meetings. (1) Within 60 days after the county clerk finds that a petition for the appointment of a committee is sufficient, or within 60 days after the county court has filed with the county clerk its resolution requesting that a committee be appointed, a committee shall be appointed as provided in this section. Only one committee is to be in existence at any given period of time.

����� (2)(a) In all counties:

����� (A) A majority of the county court is entitled to appoint four members of the committee;

����� (B) A majority of the state Senators and state Representatives then representing the county is entitled to appoint four additional members; and

����� (C) A majority, consisting of at least five, of those persons appointed under subparagraphs (A) and (B) of this paragraph is entitled to appoint one additional member.

����� (b) If, within 45 days after the terms of committee members begin to run as provided in subsection (4) of this section, an appointing authority has not made the appointment or appointments it is entitled to make, the county clerk shall call a meeting of those persons constituting the appointing authority by giving written notice to each of them, specifying the purpose of the meeting and the time and place thereof. The time of the meeting shall be set within 15 days of the expiration of the 45-day period.

����� (3) All members of the committee must be electors of the county. No member shall be engaged, directly or indirectly, in any business with the county that is inconsistent with the conscientious performance of duties as a member of the committee. An initial appointment, or an appointment to fill a vacancy, is made by delivering to the county clerk written notice of the name and address of the person appointed, signed by the person duly authorized to act for the appointing authority. No member of an appointive authority may serve as a member of such committee. If an appointing authority fails to make such an initial appointment within 60 days after the terms of committee members begin to run as provided in subsection (4) of this section, the county court shall make the appointment within 10 days after the expiration of the 60-day period.

����� (4) The terms of committee members run either from the date the county court receives the certification from the county clerk that the petition requesting the appointment of the committee is sufficient or from the date the county court files its resolution requesting appointment of the committee, as the case may be. The terms expire on the day of the election at which the committee�s proposed charter is voted upon or within two years from the date the terms began, whichever is the sooner, unless, in the case where a proposed charter is not submitted at an election held within such two-year period, the county court by resolution filed with the county clerk before the expiration of the terms extends them until the day of the election on the proposed charter or for another two years, whichever is the sooner. Any vacancy occurring on the committee, in a position for which an initial appointment has been made, shall be filled by appointment for the unexpired term by the appointing authority that was entitled to make the initial appointment of the member whose position is vacant or, if such appointing authority fails to make the appointment within 10 days after the vacancy occurs, by the county court.

����� (5) Not later than 80 days after the terms of committee members begin to run as provided in subsection (4) of this section, the members of the committee shall meet and organize. A majority of the committee constitutes a quorum for the transaction of business. The committee may adopt such rules as it deems necessary for its operation. However, the committee may not prohibit the public from attending any of its meetings. [1959 c.527 �5; 1979 c.748 �2; 2005 c.22 �153]

����� 203.750 County funds for charter committee; committee staff; county officials to cooperate. (1) Notwithstanding ORS 294.305 to

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 204.635

204.635���� Deputy sheriffs; special appointments; authority of deputy; liability of sheriff for certain deputies

ELECTION OF COUNTY OFFICERS; COUNTY JUDGE PRO TEM

����� 204.005 Election or appointment of county officers. (1) The following county officers shall be elected at the primary election or general election, as provided in ORS 249.088:

����� (a) A sheriff.

����� (b) A county clerk.

����� (c) A county assessor.

����� (d) A county treasurer.

����� (e) A county commissioner to succeed any commissioner whose term of office expires the following January.

����� (f) In any county where there is a vacancy from any cause in the office of county commissioner, an additional commissioner to fill the vacancy.

����� (2) Unless an adopted county charter or a county ordinance provides otherwise, the governing body of a county shall appoint a county surveyor. [Subsection (2) enacted as 1953 c.477 �2; subsection (3) enacted as 1959 c.174 �3; 1959 c.628 �1; 1961 c.571 �3; subsection (4) enacted as 1963 c.386 �2; 1965 c.221 �21; 1969 c.532 �3; 1971 c.88 �4; 1983 c.327 �4; 2005 c.797 �29; 2009 c.491 �1]

����� 204.010 Terms of office of county officers. (1) Except as provided in subsection (2) of this section, the term of office of each officer mentioned in ORS 204.005 is four years.

����� (2) When two or more county commissioners are elected for one county at a general election and one of them is elected to fill a vacancy, as provided in ORS 204.005 (1)(f), one of them shall hold office for two years and the others four years. [Amended by 1983 c.327 �13; 1983 c.350 �16; 2005 c.797 �59; 2009 c.491 �3]

����� 204.013 Numbered positions for office of county commissioner. (1) In each county that has a board of county commissioners, each office of county commissioner shall be designated by number as Position No. 1, Position No. 2 or Position No. 3.

����� (2) After September 2, 1963, in every county having a board of county commissioners, or when a board of county commissioners is established in any county, the county clerk shall assign a position number to each office on the board of county commissioners. The number so assigned shall be certified by the county clerk to the commissioner in office holding that position. One copy of the certification shall be sent to the Secretary of State, and one copy shall be filed in the office of the county clerk. [1963 c.329 �1]

����� 204.015 [Repealed by 1957 c.555 �1 (204.016 enacted in lieu of 204.015)]

����� 204.016 Eligibility for county offices generally; additional qualifications for surveyor and assessor. (1) A person is not eligible to serve in any office listed in ORS 204.005 unless the person is a citizen of the United States and an elector under the Oregon Constitution.

����� (2) A person is not eligible to serve in any elective office listed in ORS 204.005 unless the person meets the requirements of subsection (1) of this section and in addition is a resident of the county in which the person is elected for the period of one year preceding the next election, except that in counties of less than 25,000 population the requirement of residency in the county in which the person is elected does not apply to an elected county surveyor.

����� (3) A person is not eligible to be a candidate for election or appointment to the office of county surveyor unless registered under the laws of this state as a registered professional land surveyor.

����� (4) A person is not eligible to be a candidate for election or appointment to the office of county assessor unless:

����� (a) The person has qualified as a registered appraiser or is an appraiser trainee under ORS

ORS 209.005

209.005. A county surveyor may require that the position of the removed monument be referenced to another survey monument and noted on a survey map filed in accordance with ORS 209.250. [Amended by 1979 c.653 �10; 1989 c. 394 �12; 1991 c.339 �2; 1997 c.336 �3; 1997 c.489 �10]

����� 209.155 Removal or destruction of survey monument during road construction; survey map in lieu of replacement; delineation of newly defined right of way. (1) Notwithstanding ORS 209.150, when a recorded survey monument, other than a public land survey corner, is removed, destroyed or disturbed as a result of construction or reconstruction of a public road, the survey monument does not have to be replaced if:

����� (a) The original location of the recorded survey monument is within the new right of way; and

����� (b) The person or public agency responsible for the construction or reconstruction causes a registered professional land surveyor to locate any survey monuments that are subject to removal, destruction or disturbance and to file a map, prior to the beginning of construction, with the county surveyor that identifies all existing recorded monuments, the existing right of way and controlling centerline and the survey control used to comply with this section.

����� (2) The newly defined right of way may be delineated by either of the following methods:

����� (a) All control points that define the right of way centerline are monumented or referenced with monuments. The right of way boundary is monumented at all angle points, points of curve, points of tangency and at least every 1,000 feet on long curves and tangents. A survey that identifies the survey control and the new right of way and controlling centerline shall be filed with the county surveyor within 180 days after completion of construction.

����� (b) A permanent survey control point network is established referencing the new right of way and controlling centerline. The network shall consist of at least three control monuments and must span the length of the project. Each control monument shall be intervisible with at least two other control monuments. At least two monuments on the network must be part of the original control used to locate the monuments described in subsection (1)(b) of this section. A map identifying the control network and the new right of way and controlling centerline shall be filed with the county surveyor within 180 days after completion of construction.

����� (3) The types of monuments shall be as described in ORS 92.060.

����� (4) The survey maps required by this section shall comply with ORS 209.250 and any other requirement of law.

����� (5) For the purpose of complying with subsection (1)(b) of this section, locating a survey monument may consist of establishing coordinates on the monument using the Oregon Coordinate System pursuant to ORS 93.312, Local Datum Plane coordinates that scale Oregon State Plane coordinates of the Oregon Coordinate System to a plane close to the ground elevation of a survey project or other coordinates compatible with those coordinates shown on the survey.

����� (6) For the purpose of complying with this section, the date of completion of construction is deemed to be the date when all substantial road improvements are completed. [1997 c.336 �2; 2011 c.179 �3]

����� 209.160 [Amended by 1979 c.653 �11; repealed 1981 c.111 �2]

����� 209.170 [Amended by 1979 c.653 �12; repealed by 1981 c.111 �2]

����� 209.180 [Repealed by 1979 c.653 �18]

����� 209.190 [Repealed by 1981 c.111 �2]

����� 209.200 Resurvey of federally surveyed lands. In the resurvey of lands surveyed under the authority of the United States, the county surveyor or a registered professional land surveyor shall observe the following rules:

����� (1) Section and quarter-section corners, and all other corners established and approved by the General Land Office or its successors, must stand as the legal and permanent corners.

����� (2) A legal and permanent corner must be reestablished at the identical spot where the original corner was located by the government survey, when the identical spot can be determined.

����� (3) When the identical spot cannot be determined, the legal and permanent corner must be reestablished with reference to the current United States Manual of Surveying Instructions. [Amended by 1979 c.653 �13; 1989 c.394 �13; 2007 c.71 �70]

����� 209.210 [Repealed by 1979 c.653 �18]

����� 209.220 Oath taken by employees. Each person employed by the county surveyor or a deputy shall, before commencing the duty assigned, take an oath or affirmation faithfully and impartially to execute the duties of employment. The county surveyor or a deputy shall administer the oath or affirmation of each employee. [Amended by 1979 c.653 �14]

����� 209.230 Materials for certain purposes. The county surveyor shall procure at the expense of the county the materials and requisites for carrying into effect ORS 209.100 to 209.230. The county court shall pay for the same and all expenses incurred therein out of the general fund of the county.

����� 209.240 [Amended by 1979 c.653 �15; repealed by 1981 c.111 �2]

����� 209.250 Survey by registered land surveyor; requirements for map, narrative or report of survey; waiver of required filing; effect of noncompliance. (1) A registered professional land surveyor making a survey of lands within this state wherein the surveyor establishes or reestablishes a boundary monument shall, within 45 days thereafter, submit for filing a permanent map of the survey to the county surveyor for review. When filed, the map is a permanent public record in the office of the county surveyor. In establishing or reestablishing a public land survey corner, the surveyor shall comply with ORS 209.070 (4), 209.130 and 209.200. If the surveyor is unable to complete the survey and submit a permanent map within 45 days, the surveyor shall, within 45 days of establishing or reestablishing a boundary monument, provide written notice to the county surveyor containing the reasons for the delay, an estimate of the amount of time reasonably necessary to complete the survey but not exceeding 180 days, and a temporary map showing the position of monuments established or reestablished.

����� (2) The permanent map must have a written narrative that may be on the face of the map. If the narrative is a separate document, the map and narrative must be referenced to each other. The map and narrative must be made on a suitable drafting material in the size required by the county surveyor. The lettering on the map and narrative must be of sufficient size and clarity to be reproduced clearly. The narrative must explain the purpose of the survey and how the boundary lines or other lines were established or reestablished and must state which deed records, deed elements, survey records, found survey monuments, plat records, road records or other pertinent data were controlling when establishing or reestablishing the lines. If the narrative is a separate document, the narrative must also contain the following:

����� (a) Location of survey by one-fourth section, Township and Range.

����� (b) The date of survey.

����� (c) The surveyor�s seal and original signature.

����� (d) The surveyor�s business name and address.

����� (3) A permanent map must show the following:

����� (a) Location of survey by one-fourth section, Township and Range.

����� (b) The date of survey.

����� (c) Scale of drawing and North Arrow.

����� (d) The distance and course of all lines traced or established, giving the basis of bearing and the measured distance and course to a monumented section corner, one-quarter corner, one-sixteenth corner or Donation Land Claim corner in Township and Range, or to a monumented lot or parcel corner or boundary corner of a recorded subdivision, partition or condominium.

����� (e) Measured bearings, angles and distances that are used as a basis for establishing or reestablishing lines or monuments separately indicated from those of record together with the recording reference. Metric measurements may be used if a conversion to feet is provided.

����� (f) Monuments set and their relation to older monuments found. A detailed description of monuments found and set must be included and monuments set must be separately indicated from those found.

����� (g) The surveyor�s seal and original signature.

����� (h) The surveyor�s business name and address.

����� (4)(a) Within 30 days of receiving a permanent map under this section, the county surveyor shall review the map to determine if it complies with subsections (1), (2) and (3) of this section and applicable local ordinances. A map must be indexed by the county surveyor within 30 days following a determination that the map is in compliance with this section. A survey prepared by the county surveyor in an official or private capacity must comply with subsections (1), (2) and (3) of this section.

����� (b) A survey map found not to be in compliance with subsection (1), (2) or (3) of this section must be returned within 30 days of receipt for correction to the surveyor who prepared the map. The surveyor shall return the corrected survey map to the county surveyor within 30 days of receipt of the survey map from the county surveyor.

����� (c) A map that is not corrected within the specified time period may be forwarded to the State Board of Examiners for Engineering and Land Surveying for action, as provided in subsection (11) of this section.

����� (d) An action may not be maintained against the county surveyor for recording a survey map that does not comply with this section.

����� (e) An action may not be maintained against the county surveyor for refusal to file a survey map that does not comply with this section.

����� (5)(a) When a survey within this state is funded entirely or in part by public funds and the survey results in the establishment of horizontal or vertical monuments for geodetic control, the registered professional land surveyor performing the survey, within 45 days after completion of the survey, shall file a report of the survey with the county surveyors of those counties where the newly established monuments are located.

����� (b) Notwithstanding paragraph (a) of this subsection, the governing body of a county may, by resolution or order, waive the filing of the report of the survey.

����� (6) A report required by subsection (5)(a) of this section may include maps or diagrams. The maps or diagrams, if included, must be referenced to each other. The report must contain the following:

����� (a) The name and number of each newly established geodetic control monument.

����� (b) Location of newly established geodetic control monuments by Section, Township and Range.

����� (c) Location of the horizontal component of geodetic control monuments by the Oregon Coordinate System referenced in ORS 93.312, including the scale factor, combined scale factor, convergence and geographic or geodetic coordinates, indicating datum used.

����� (d) Location of the vertical component of geodetic control monuments by orthometric height, ellipsoidal height and geoidal separation, indicating datum used.

����� (e) The date of survey.

����� (f) The business name and address of the surveyor.

����� (g) A description of all monuments set or found, including narrative or graphic information sufficient to locate the monuments.

����� (h) A statement explaining the purpose of the survey, the equipment and procedures used, including the geoid model and reference ellipsoid used, and the names or numbers of the found record control monuments used and their source.

����� (i) The scale of drawing and North Arrow if a map or diagram is included.

����� (j) The seal and original signature of the surveyor.

����� (k) For geodetic control, a statement regarding the network accuracy and local accuracy of the survey, categorized by horizontal position, ellipsoidal height and orthometric height, relative to the National Spatial Reference System. The statement shall include the accuracy classification at the 95 percent confidence level for both network and local classifications in accordance with Standards for Geodetic Control Networks, Part 2 of the federal Geospatial Positioning Accuracy Standards (FGDC 1998) for the newly established monuments.

����� (7) The county surveyor shall file and index reports that comply with subsections (5) and (6) of this section within 30 days of determining compliance.

����� (8) A monument set by a registered professional land surveyor to mark or reference a point on a property or land line or to mark or reference a geodetic control survey point must be durably and visibly marked or tagged with the registered business name or the letters �L.S.� followed by the registration number of the surveyor in charge or, if the monument is set by a public officer, the monument must be marked with the official title of the office.

����� (9) If, in the performance of a survey, a registered professional land surveyor finds or makes changes in a public land survey corner or its accessories as described in an existing corner record or survey map in the office of the county surveyor, the surveyor shall complete and submit to the county surveyor a record of the changes found or made to a corner or accessories to the corner. The record must be submitted within 45 days of the corner visits, and must include the surveyor�s seal and original signature, business name and address, and be on stable base reproducible material in the form required by the county surveyor.

����� (10) The signature and stamp of a registered professional land surveyor on a permanent survey map or plat constitutes certification that the map or plat complies with the applicable provisions of this chapter.

����� (11) A registered professional land surveyor failing to comply with the provisions of subsections (1) to (9) of this section, ORS 92.050 to 92.080 or a county ordinance establishing standards for surveys or plats is subject to disciplinary action by the State Board of Examiners for Engineering and Land Surveying.

����� (12) A federal or state agency, board or commission, special district or municipal corporation making a survey of lands within this state shall comply with this section. [Amended by 1963 c.555 �1; 1965 c.542 �1; 1979 c.653 �16; 1981 c.113 �2; 1983 c.309 �11; 1989 c.394 �14; 1991 c.339 �3; 1993 c.219 �13; 1997 c.489 �11; 1999 c.710 �11; 1999 c.1018 �7; 2005 c.22 �159; 2005 c.230 �2; 2011 c.179 �4; 2017 c.178 �1]

����� 209.255 Amendment of survey map or narrative by affidavit of correction; preparation, certification and recording of affidavit. (1) Any survey map or narrative filed and recorded under the provisions of this chapter may be amended by an affidavit of correction:

����� (a) To show any courses or distances omitted from the map or narrative;

����� (b) To correct an error in any courses or distances shown on the map or narrative;

����� (c) To correct an error in the description of the real property shown on the map or narrative; or

����� (d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the map or narrative as recorded.

����� (2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning parcel configurations.

����� (3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the map or narrative. In the event of the death, disability or retirement from practice of the surveyor who filed the map or narrative, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made. The seal and original signature of the registered professional land surveyor making the affidavit shall be affixed to the affidavit.

����� (4) The county surveyor having jurisdiction of the map or narrative shall certify that the affidavit of correction has been examined and that the changes shown on the map or narrative are changes permitted under this section.

����� (5) The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder of the county where the survey or narrative is recorded. The county clerk shall promptly return the recorded affidavit to the county surveyor who shall note the correction and the recorder�s filing information with permanent ink, upon the original survey or narrative filed in accordance with ORS 209.250. The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the survey or narrative.

����� (6) In addition to the fees established by ORS 205.320 for recording the affidavit in the county deed records, the county clerk shall collect a fee set by the county governing body. The county clerk shall collect the fee as set by the county governing body to be paid to the county surveyor for services provided under this section. [1983 c.309 �10; 1989 c.394 �15; 1993 c.219 �14; 1999 c.654 �23]

����� 209.260 Fee for filing and indexing. The county governing body, by resolution or order, may establish the fee to be collected by the county surveyor for filing and indexing a map or report of a survey. [1981 c.429 �2; 1985 c.582 �9; 1991 c.339 �4; 1991 c.621 �2]

����� 209.270 Records of county surveyor; location; accessibility. (1) The records of the county surveyor shall be located in county facilities designated by the county governing body.

����� (2) The county surveyor shall be provided reasonable facilities for the proper filing, indexing, copying, public inspection and examination and protection of public records as required under ORS 192.318 and 192.324. [1981 c.429 �3]

����� 209.300 Abandonment of railroad line; notice to county surveyor; request for copies of plats. When a railroad gives notice of its intention to abandon a railroad line within this state, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. Upon written request from a county surveyor so notified, the railroad shall provide the county surveyor with a reproducible copy of the right of way plats for the line to be abandoned. The copy of the right of way plats shall be provided prior to abandonment at no cost to the county surveyor, and shall show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. [1985 c.220 �2; 1989 c.394 �16; 1995 c.733 �43]

����� 209.990 Penalties; civil remedies. (1) The costs of the reestablishment of the corner or witness monument may be recovered in a civil action together with costs and attorney fees for the prevailing party.

����� (2) A person may obtain injunctive relief to prevent further disturbance or destruction of survey monuments.

����� (3) Any county surveyor failing to perform the duties required of the surveyor by ORS 209.020 to 209.090 shall be fined not exceeding $100, to be recovered by an action brought by the injured party. [Amended by 1979 c.653 �17; 1989 c.394 �17]

ORS 209.250

209.250 (3), the court shall determine the location of the public land survey corner by the following method:

����� (1) The court shall appoint three disinterested commissioners who are registered professional land surveyors, one of whom shall be the county surveyor of the county in which the action is brought, and shall direct the commissioners to go upon the land of the parties and establish and mark out upon the ground the true and correct location of the corner in accordance with ORS 209.070. If the county surveyor of the county in which the action is brought is interested in any tract of land, the title of which is in dispute before the court, the court shall appoint the county surveyor of an adjacent county to serve in lieu of the interested county surveyor.

����� (2) The three commissioners shall establish and monument the true location of the corner in accordance with the current United States Manual of Surveying Instructions. The monument set shall be in accordance with the standards of the county surveyor of the county in which the corner is located. For the purposes of ORS 672.002 (9)(b), the county surveyor shall be the person in �responsible charge� and shall affix a seal and signature to any plat or report prepared.

����� (3) The county surveyor shall be responsible for the preparation and filing of the survey in accordance with ORS 209.250.

����� (4) The corner, when properly established by the commission, shall be recognized by the court as the legal and permanent corner. The decision of the commission is not subject to appeal.

����� (5) The costs for the services of the three commissioners shall be paid by either the plaintiff or the defendant, or both, as determined by the court. [1991 c.150 �2; 1997 c.210 �10; 2005 c.445 �11]

����� 105.720 Oath and report of commissioners. Before entering upon the discharge of their duties, the commissioners shall make and file their oath in writing to faithfully and impartially perform their duties as commissioners. After designating the boundary or dividing line by proper marks and monuments they shall file in the court a report of their doings as commissioners, and the report shall be, when approved or confirmed by the court, a part of the trial court file, as defined in ORS 19.005. [Amended by 1967 c.471 �3]

����� 105.725 Proceedings on motion to confirm report. The report of the commissioners may be confirmed by the court upon written motion of either party to the suit whenever it appears to the court that the motion was served upon the adverse party two days before the presentation thereof and no exceptions have been filed to the report within two days after the service. If exceptions are filed to the report, they may be heard with the motion to confirm, and the court may confirm, modify or set aside the report as is just, and in the latter case may appoint a new commission or refer the matter to the same commissioners with appropriate instructions.

ACTIONS BASED ON CHANGE OF GRADE

����� 105.755 State liability for damages resulting from change of grade of roads other than city streets; proceedings on cause of action; limitation. (1) As used in this section, �public road� means a road used by the general public, whether designated as a state highway, county or district road or otherwise, but does not include city streets under ORS 105.760.

����� (2) Whenever the Department of Transportation changes the grade of any public road from a previously established or maintained grade, the state shall be liable for and shall pay just and reasonable compensation for any legal damage or injury to real property abutting upon the public road affected by the grade change; except that the state shall not be liable for any damage or injury for any such change whenever the county has requested the Department of Transportation to make such change.

����� (3) Any person having any right, title or interest in any such real property has a cause of action against the state to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal as in other civil actions from a judgment of any circuit court. Any person having or claiming any right, title or interest in such real property may join as party plaintiff or may intervene in any action involving the real property in which the interest is claimed.

����� (4) The trial circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.

����� (5) The liability of the state terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. Any cause of action granted by this section is barred unless such action is commenced within six months after the change of grade is physically completed and accepted by the Department of Transportation. [1961 c.510 �1; 1973 c.197 �5; 2003 c.576 �239]

����� 105.760 State or county liability for damages resulting from change of grade of streets; proceedings on cause of action. (1) If consent is given by the governing body of any city to change any grade of any street as such grade has been established or maintained by the consenting city and pursuant thereto the Department of Transportation or a county changes the grade, the state or the county, whichever makes such change of grade, shall be liable for and shall pay just and reasonable compensation for any damage or injury to any real property abutting upon the road or street affected by the grade change.

����� (2) Any person having any right, title or interest in any such real property has a cause of action against the state or against the county to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal as in any other civil action from a judgment of any circuit court. Any person having or claiming any right, title or interest in such real property may join as party plaintiff or may intervene in any action involving the real property in which the interest is claimed.

����� (3) The trial circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.

����� (4) The liability of the state or the liability of the county, as the case may be, terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. Any cause of action granted by this section is barred unless such action is commenced within six months after the change of grade is physically completed and accepted by the Department of Transportation or the county. [Formerly 373.040; 1973 c.197 �6; 2003 c.576 �240]

EXTINGUISHMENT OF FUTURE INTERESTS

����� 105.770 Failure of contingency; application of extinguishment. (1) A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry for condition broken thereby created, shall, if the specified contingency does not occur within 30 years after the possibility of reverter or right of entry was created, be extinguished and cease to be valid.

����� (2) This section shall apply only to inter vivos instruments taking effect after January 1, 1978, to wills where the testator dies after such date, and to appointments made after such date, including appointments by inter vivos instruments or wills under power created before such date. [1977 c.723 �1]

����� 105.772 Preservation of future interests; filing of notice of intent required; limitation. The following shall apply to all possibilities of reverter and rights of entry limited on fees simple existing on January 1, 1978:

����� (1) A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry for condition broken thereby created, shall be extinguished and cease to be valid, unless within the time specified in this section, a notice of intention to preserve such possibility of reverter or right of entry is recorded as provided in ORS

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 215.295

215.295]

����� 215.207 [1989 c.653 �2; repealed by 1999 c.314 �94]

����� 215.209 Department of Land Conservation and Development database; rural land maps; contents. The Department of Land Conservation and Development shall develop, in conjunction with local governments and other state agencies, a computerized database that is capable of producing county-wide maps that show the diversity of Oregon�s rural lands. The database shall include, at a minimum, information on soil classifications, forest capabilities, irrigated lands, croplands, actual farm use, and plan and zone designations. To create the database, the department shall use the most current soils information from the United States Natural Resources Conservation Service, or its successor agency, and may use any other related information that is readily available. [1999 c.1014 �3]

����� Note: 215.209 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 215.210 [Amended by 1955 c.652 �6; renumbered 215.305]

����� 215.211 Agricultural land; detailed soils assessment; fee. (1) If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the United States Natural Resources Conservation Service would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request that the Department of Land Conservation and Development arrange for an assessment of the capability of the land by a professional soil classifier who is:

����� (a) Certified by and in good standing with the Soil Science Society of America; and

����� (b) Chosen by the person.

����� (2) A soils assessment produced under this section is not a public record, as defined in ORS 192.311, unless the person requesting the assessment utilizes the assessment in a land use proceeding. If the person decides to utilize a soils assessment produced under this section in a land use proceeding, the person shall inform the Department of Land Conservation and Development and consent to the release by the department of certified copies of all assessments produced under this section regarding the land to the local government conducting the land use proceeding. The department:

����� (a) Shall review soils assessments prepared under this section.

����� (b) May not disclose a soils assessment prior to its utilization in a land use proceeding as described in this subsection without written consent of the person paying the fee for the assessment.

����� (c) Shall release to the local government conducting a land use proceeding all soils assessments produced under this section regarding land to which the land use proceeding applies.

����� (3) Before arranging for a soils assessment under this section, the department shall charge and collect from the person requesting the assessment a fee in an amount intended to meet the costs of the department to assess the soils and administer this section.

����� (4) The department shall deposit fees collected under this section in the Soils Assessment Fund established under ORS 215.212.

����� (5) This section authorizes a person to obtain additional information for use in the determination of whether land qualifies as agricultural land, but this section does not otherwise affect the process by which a county determines whether land qualifies as agricultural land. [2010 c.44 �1; 2013 c.1 �22]

����� Note: 215.211 and 215.212 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 215.212 Soils Assessment Fund; purposes. The Soils Assessment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Soils Assessment Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development to meet the costs of the department to assess soils under and to administer ORS 215.211. [2010 c.44 �2]

����� Note: See note under 215.211.

����� 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use:

����� (a) Churches and cemeteries in conjunction with churches.

����� (b) The propagation or harvesting of a forest product.

����� (c) Utility facilities necessary for public service, not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height, but including:

����� (A) Utility facilities as provided in ORS 215.275;

����� (B) Utility facilities that are associated transmission lines, as defined in ORS 215.274 and 469.300;

����� (C) Wetland waste treatment systems; or

����� (D) Facilities and service lines needed to provide water or wastewater services allowed under ORS 215.256.

����� (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator�s spouse, which means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use and the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this paragraph obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel.

����� (e) Nonresidential buildings customarily provided in conjunction with farm use.

����� (f) Subject to ORS 215.279, primary or accessory dwellings customarily provided in conjunction with farm use. For a primary dwelling, the dwelling must be on a lot or parcel that is managed as part of a farm operation and is not smaller than the minimum lot size in a farm zone with a minimum lot size acknowledged under ORS 197.251.

����� (g) Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b).

����� (h) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b).

����� (i) One manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under paragraph (q) of this subsection.

����� (j) Climbing and passing lanes within the right of way existing as of July 1, 1987.

����� (k) Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result.

����� (L) Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.

����� (m) Minor betterment of existing public road and highway related facilities, such as maintenance yards, weigh stations and rest areas, within right of way existing as of July 1, 1987, and contiguous public-owned property utilized to support the operation and maintenance of public roads and highways.

����� (n) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been classified as historic property as described in ORS 358.487 (4).

����� (o) Creation, restoration or enhancement of wetlands.

����� (p) A winery, as described in ORS 215.452 or 215.453.

����� (q) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291.

����� (r) Farm stands if:

����� (A) The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and

����� (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment.

����� (s) An armed forces reserve center, if the center is within one-half mile of a community college. For purposes of this paragraph, �armed forces reserve center� includes an armory or National Guard support facility.

����� (t) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator�s cost to maintain the property, buildings and facilities. As used in this paragraph, �model aircraft� means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines or design by a person on the ground.

����� (u) A facility for the processing of farm products as described in ORS 215.255.

����� (v) Fire service facilities providing rural fire protection services.

����� (w) Irrigation reservoirs, canals, delivery lines and those structures and accessory operational facilities, not including parks or other recreational structures and facilities, associated with a district as defined in ORS 540.505.

����� (x) Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

����� (A) A public right of way;

����� (B) Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or

����� (C) The property to be served by the utility.

����� (y) Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or

ORS 215.427

215.427 or 227.178, and if the local jurisdiction requests that the application not be decided until the local jurisdiction has taken final action, the department shall make a final decision on the operating permit and reclamation plan no later than 165 days after the date a complete land use application is submitted to the local jurisdiction, unless the applicant agrees to allow additional time under ORS 215.427, 215.429, 227.178 or 227.179. If a plan amendment is required as part of issuance of a permit, the provisions of paragraph (b) of this subsection apply. The department may not approve an operating permit and reclamation plan if the land use application is denied.

����� (b) Notwithstanding subsections (2) and (3) of this section, if an application involves an aggregate site that requires amendment to a comprehensive plan, as defined in ORS 197.015, and if the local jurisdiction requests that the application not be decided until the local jurisdiction has taken final action on the plan amendment, the department may not make a final decision on the operating permit and reclamation plan until the local jurisdiction has taken final action on the plan amendment. The department shall make its final decision within 45 days of the date that the local jurisdiction has taken final action on the plan amendment. The department may not approve an operating permit and reclamation plan if the plan amendment is denied.

����� (5) Conditions and requirements imposed on an operating permit and reclamation plan, and modifications thereto, issued subsequent to issuance of a local jurisdiction permit shall be compatible with the requirements and conditions of the local government permit, unless more stringent requirements are necessary to comply with the provisions of ORS 517.750 to 517.901.

����� (6)(a) If a local jurisdiction does not request that the department delay a decision on an operating permit and reclamation plan as provided in subsections (1)(b) and (4) of this section, the department shall, prior to issuing the operating permit, give the local jurisdiction notice and an opportunity to provide comments and the following information about the proposed operating permit and reclamation plan:

����� (A) Information about any applicable local land use regulations;

����� (B) Whether the site described in the proposed operating permit and reclamation plan is included on a local government inventory required by any open spaces, scenic and historic areas and natural resources land use planning goal;

����� (C) A statement that an application has or has not been filed for local approval; and

����� (D) Any other information that the local jurisdiction considers pertinent in its review of the application.

����� (b) A local jurisdiction shall respond to a notice provided under paragraph (a) of this subsection within 35 days after the date of the notice.

����� (7) If the department refuses to approve a submitted reclamation plan, it shall notify the applicant, in writing, of its reasons for the refusal to approve the reclamation plan, including additional requirements as may be prescribed by the department for inclusion in the reclamation plan. Within 60 days after the receipt of the notice, the applicant shall comply with the additional requirements prescribed by the department for the reclamation plan or file with the department a notice of appeal from the decision of the department with respect to the reclamation plan. If a notice of appeal is filed with the department by the applicant, the department may issue a provisional permit to the applicant.

����� (8) If an application is submitted as part of the consolidated application process under ORS 517.952 to 517.989, review of the application and approval or denial of the application shall be in accordance with ORS 517.952 to 517.989. However, the review and approval or denial shall take into consideration all policy considerations for issuing a permit under ORS 517.702 to 517.989. [1971 c.719 �6; 1975 c.724 �5; 1985 c.292 �10; 1991 c.243 �2; 1991 c.735 �29; 1999 c.353 �5; 1999 c.492 �4; 1999 c.533 �13; 2001 c.104 �226; 2007 c.318 �8; 2015 c.492 �1; 2017 c.736 �5]

����� 517.831 Modification of operating permit or reclamation plan; opportunity for alternative dispute resolution. (1) Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not modify an operating permit or reclamation plan without the consent of the operator.

����� (2) The department may modify an operating permit or reclamation plan without the consent of the operator if, because of changed conditions at the permitted site or because of information otherwise not available to the department at the time of permit issuance or reclamation plan establishment, the department finds, by substantial evidence, that a modification is justified due to the potential for:

����� (a) Substantial harm to off-site property;

����� (b) Harm to threatened or endangered species; or

����� (c) Channel changes or unstable pit walls.

����� (3) Modification of an operating permit or reclamation plan without the consent of the operator must be limited to the areas or matters affected by the changed conditions or new information.

����� (4) If the department modifies an operating permit or reclamation plan without the consent of the operator, the department must provide the operator with an opportunity for alternative dispute resolution in the manner provided in ORS 183.502. [2007 c.318 �4]

����� 517.832 Emergency operating permit; rules. (1) Notwithstanding ORS 517.810 and 517.830, the State Department of Geology and Mineral Industries may issue an emergency operating permit if:

����� (a) A natural disaster, including but not limited to a flood or an earthquake, or the effects of a natural disaster threaten significant damage to property or to natural resources; and

����� (b) A surface mining operation is necessary to abate the threat.

����� (2) The governing board of the department shall adopt rules governing the issuance of emergency operating permits. The rules shall include provisions:

����� (a) Ensuring that emergency operating permits are not issued over the objection of affected federal agencies or public bodies, as defined in ORS 174.109;

����� (b) Specifying the terms of an emergency operating permit;

����� (c) Establishing procedures for converting an emergency operating permit to a standard operating permit; and

����� (d) Establishing procedures for payment of fees under ORS 517.800. [2005 c.34 �3]

����� 517.833 Transfer of operating permit; rules. (1) A person who by sale, assignment, lease or other means has succeeded in interest to an uncompleted surface mining operation may request that the State Department of Geology and Mineral Industries release the existing operator from any reclamation obligations and transfer the operating permit to the successor. The department shall transfer the operating permit, unless:

����� (a) The successor does not agree to full assumption of the reclamation requirements in the operating permit and reclamation plan;

����� (b) The successor fails to provide a bond or security as required by ORS 517.810;

����� (c) More than one person has a claim to the property or operating permit and there is a dispute between the claimants that presents a justiciable controversy; or

����� (d) The successor, as the operator of another permitted site in this state, has failed to substantially comply with the conditions of an operating permit or reclamation plan, the provisions of ORS 517.702 to 517.989 or the rules adopted by the department to carry out the purposes of ORS 517.702 to 517.989.

����� (2) The governing board of the State Department of Geology and Mineral Industries may adopt rules relating to the responsibilities and duties of a person requesting a transfer of an operating permit under this section. [2007 c.318 �3]

����� 517.834 Temporary operating permit; rules. (1) Notwithstanding ORS 517.810 and 517.830, the State Department of Geology and Mineral Industries may issue a temporary operating permit to a person if:

����� (a) After consultation, the local jurisdiction with land use authority over the permitted site does not raise substantive objections to the issuance of the permit;

����� (b) All cooperating agencies approve of the permit issuance; and

����� (c) There is no objection from persons owning property adjacent to the permitted site.

����� (2) A temporary operating permit issued under this section is subject to reasonable limitations that may be prescribed by the department.

����� (3) Within 30 days after issuing the temporary operating permit, the operator shall:

����� (a) Comply with the bond and security requirements established by ORS 517.810;

����� (b) Pay any applicable fee pursuant to ORS 517.800; and

����� (c) Submit a reclamation plan to the department.

����� (4) The governing board of the department shall adopt rules governing the issuance of temporary operating permits. The rules shall include provisions:

����� (a) Ensuring opportunities for notice and comment by federal agencies;

����� (b) Specifying the terms of a temporary operating permit; and

����� (c) Establishing procedures for converting a temporary operating permit to a standard operating permit. [2005 c.34 �4; 2017 c.736 �14]

����� 517.835 Conditions on operating permit or reclamation plan to prevent impact on ground water. (1) Notwithstanding ORS 517.831, the State Department of Geology and Mineral Industries may require conditions on any new or existing surface mining operating permit or reclamation plan sufficient to prevent or mitigate off-site impacts to ground water resources from the removal of water from surface mining operations. The department may include ground water monitoring as one of the conditions.

����� (2) The department shall consult with the operator and the Water Resources Department in assessing off-site impacts and in developing prevention or mitigation measures prior to imposing any conditions on an operating permit or reclamation plan pursuant to this section.

����� (3) As used in this section, �mitigation� has the meaning given that term in ORS 517.952. [2003 c.470 �2; 2007 c.318 �9; 2013 c.371 �30]

����� Note: 517.835 was added to and made a part of 517.702 to 517.989 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 517.836 Surveying or marking surface mining operations; rules. (1)(a) The governing board of the State Department of Geology and Mineral Industries may adopt rules requiring the surveying or marking of surface mining operations.

����� (b) The rules may include, but are not limited to, requirements for maps or diagrams showing areas excavated or approved for excavation, setbacks or buffers established by the operating permit and the location of buildings, wells, ponds, haul roads, stockpiles, bodies of water and floodways.

����� (c) The rules may require that information required under this subsection be updated if the mining operations are subject to:

����� (A) A notice of violation under ORS 517.860;

����� (B) A suspension order under ORS 517.880; or

����� (C) A significant modification of the operating permit or reclamation plan under ORS 517.831.

����� (d) The rules may exempt mining operations from survey or marking requirements based on the size or location of the operations or on the distance of the operations from ground and surface waters.

����� (e) The rules must allow for reasonable compliance schedules for existing mining operations.

����� (2) The governing board may adopt rules requiring surface mining operators to collect and report information relating to amount and nature of materials excavated or processed at a surface mining operation and the impacts of mining operations on ground or surface water. [2007 c.318 �4a]

����� 517.837 Annual report by permittee; rules. A person holding an operating permit issued pursuant to ORS 517.830 shall, no later than March 31 of each year, file an annual report with the State Department of Geology and Mineral Industries. The governing board of the department shall adopt rules describing the information relating to the permit and operations under the permit that must be included in the annual report. [2005 c.34 �2]

����� 517.840 Administration and enforcement of ORS 517.702 to 517.989; rules. The governing board of the State Department of Geology and Mineral Industries shall administer and enforce the provisions of ORS 517.702 to 517.989 and:

����� (1) May conduct or cause to be conducted investigations, research, experiments and demonstrations and may collect and disseminate information related to surface mining and the reclamation of surface-mined lands.

����� (2) May cooperate with other governmental and private agencies of this state or of other states and with agencies of the federal government, including the reimbursement for any services provided by such agencies to the State Department of Geology and Mineral Industries at its request.

����� (3) May apply for, accept and expend public and private funds made available for the reclamation of lands affected by surface mining in accordance with the purposes of ORS 517.702 to 517.989.

����� (4) May, in accordance with the applicable provisions of ORS chapter 183, adopt rules to carry out the provisions of ORS 517.702 to 517.989.

����� (5) Shall establish by rule a program to encourage voluntary reclamation practices that exceed the normal reclamation standards to provide maximum enhancement and benefits from mined lands. The program shall include incentives and other actions that will encourage voluntary reclamation practices.

����� (6) May receive and manage abandoned mined land funds received for abandoned mined land reclamation from the federal government. [1971 c.719 �3; 1985 c.292 �11; 1989 c.461 �1; 1993 c.342 �2; 1995 c.509 �2; 2007 c.318 �10; 2013 c.371 �27]

����� 517.850 Inspection of permit area. At such reasonable times as the State Department of Geology and Mineral Industries may elect, the department, after reasonable advance notice has been given to the operator, may cause the permitted site to be inspected to determine if the operator has complied with the operating permit, reclamation plan, this chapter and the rules of the department. [1971 c.719 �9; 1997 c.183 �2; 2007 c.318 �18]

����� 517.855 Disruption of portion of mining property preserved from mining. (1) Any portion of a mining property that is preserved from mining, including, but not limited to, a setback, buffer zone or no-impact area, may be excavated, reduced, added to, elevated, reshaped, contoured, graded or otherwise disrupted for the purpose of facilitating the reclamation of the mined area or integrating the reclaimed area with its surroundings.

����� (2) Subsection (1) of this section does not permit the removal for profit of any valuable mineral. [1997 c.186 �2]

����� Note: 517.855 was added to and made a part of 517.702 to 517.989 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 517.860 Effect of failure to comply with operating permit or reclamation plan; department may perform work and assess costs against bond or security. (1) If, from inspections conducted pursuant to ORS 517.850 or from any other source, the State Department of Geology and Mineral Industries determines that the operator has not complied with or is not complying with the operating permit, the reclamation plan, the provisions of this chapter or the rules of the department, the department may issue either or both of the following to the operator:

����� (a) Written notice of the violation. The notice shall specifically outline the deficiencies.

����� (b) A compliance order. The order may specify a date by which the operator shall rectify any deficiencies. The department may extend the period if delays occasioned for causes beyond the operator�s control necessitate more time, but only when the operator is, in the opinion of the department, making a reasonable effort to comply with the order.

����� (2) The department may recover against the bond or alternative form of financial security and reclaim the area affected by surface mining if the department determines that an operator:

����� (a) Has failed to comply with a department order issued under subsection (1) of this section;

����� (b) Fails to complete reclamation in conformance with the reclamation plan on any segment of the permitted site or fails to complete reclamation in a timely manner; or

����� (c) Fails to maintain an operating permit and pay all fees required under ORS 517.800.

����� (3) If the department makes a claim on the bond or security filed pursuant to ORS 517.810, the surety on the bond or holder of the other security shall pay to the department the amount of the bond or other security required. The department may reclaim the surface-mined land in a manner determined by the department, including by public or private contractor. If the amount is not paid within 30 days, the Attorney General, upon request of the department, shall institute proceedings to recover the amount.

����� (4) If the landowner has given security as provided in ORS 517.810 (3) and the operator is in default as specified in subsection (2) of this section, the landowner shall be held responsible for complying with the reclamation plan of the operator. The department shall furnish written notice of the default to the landowner and require the landowner to complete the reclamation as specified in the operator�s reclamation plan acceptable to the department. If the landowner has not commenced action to rectify the deficiencies within 30 days after receiving notice, or if the landowner fails to diligently pursue reclamation in conformance with the plan, the department may demand payment of the amount of the bond or other security from the surety or other holder and otherwise proceed as provided in subsections (2) and (3) of this section.

����� (5) The department, in performing reclamation of surface-mined land, shall pursue a goal for reclamation designed to:

����� (a) Remove hazards;

����� (b) Protect from drainage problems and from pollution;

����� (c) Meet local land use requirements for reclamation; and

����� (d) Comply with all federal and state laws.

����� (6) The department may delay, for a reasonable time not to exceed one year, all or part of any reclamation activities if the department determines that it is likely that:

����� (a) Marketable mineral reserves exist at the permitted site; and

����� (b) A new operator will seek an operating permit for the site and assume all reclamation responsibilities. [1971 c.719 �10; 1975 c.724 �6; 1977 c.59 �3; 1983 c.497 �2; 1985 c.291 �3; 1997 c.183 �1; 1999 c.353 �6; 1999 c.492 �5; 2007 c.318 �11]

����� 517.862 Revocation, termination or refusal to renew operating permit. (1) Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not revoke, terminate or refuse to renew an operating permit if marketable reserves exist at the permitted site and if there is a significant potential for continued mining opportunities given reasonably foreseeable economic conditions.

����� (2) The department may revoke, terminate or refuse to renew an operating permit if the operator:

����� (a) Requests termination, provided that all reclamation requirements in the operating permit and reclamation plan have been satisfied;

����� (b) Fails to pay a fee as required by ORS 517.800 within 60 days of the due date;

����� (c) Fails to provide or maintain a bond or security as required by ORS 517.810;

����� (d) Fails to comply with an order issued under ORS 517.860; or

����� (e) Fails to comply with a suspension order issued under ORS 517.880.

����� (3) If an operating permit is revoked, terminated or not renewed, the operator may not perform any actions at the permitted site, except that the operator may, after receiving written approval from the department:

����� (a) Perform actions at the permitted site that are necessary to comply with reclamation requirements in the operating permit or reclamation plan, including but not limited to removal of mining-related stockpiles;

����� (b) Excavate materials at the permitted site that are necessary for reclamation; and

����� (c) Remove any excavated materials from buffers, setbacks or other areas not approved for disturbance and restore the areas to the approximate pre-mining contours with materials approved by the department.

����� (4) The department, in lieu of or in addition to revoking, terminating or refusing to renew an operating permit for the reasons specified in subsection (2) of this section, may recover against the bond or security filed pursuant to ORS 517.810 and reclaim the area affected by surface mining. [2007 c.318 �2]

����� 517.865 Effect of failure to perform reclamation and insufficient bond; lien; notice; priority; foreclosure. (1) If an operator fails to faithfully perform the reclamation required by the reclamation plan and if the bond or security required by ORS 517.810 is not sufficient to compensate the State Department of Geology and Mineral Industries for all reasonably necessary costs and expenses incurred by it in reclaiming the surface-mined land, the amount due shall be a lien in favor of the department upon all property, whether real or personal, belonging to the operator. However, for any operator that is first issued a permit after June 30, 1989, the lien shall not exceed $2,500 for each site plus $1,500 per acre.

����� (2) The lien shall attach upon the filing of a notice of claim of lien with the county clerk of the county in which the property is located. The notice of lien claim shall contain a true statement of the demand, the insufficiency of the bond or security to compensate the department and the failure of the operator to perform the reclamation required.

����� (3) The lien created by this section is prior to all other liens and encumbrances, except that the lien shall have equal priority with tax liens.

����� (4) The lien created by this section may be foreclosed by a suit in the circuit court in the manner provided by law for the foreclosure of other liens on real or personal property. [1975 c.724 �8; 1983 c.497 �3; 1985 c.291 �4; 1987 c.361 �7; 1999 c.492 �6; 2007 c.318 �19]

����� 517.870 Adjustment of bond or security of operator upon satisfactory completion of reclamation work. Upon request of the operator, and when in the judgment of the State Department of Geology and Mineral Industries the reclamation has been completed in accordance with the reclamation plan, the operator shall be notified that the work has been found to be satisfactorily performed and is acceptable and the bond or security of the operator shall be adjusted accordingly. [1971 c.719 �11; 1999 c.492 �7; 2007 c.318 �20]

����� 517.880 Order for suspension of surface mining operation operating without required permit; enjoining operation upon failure of operator to comply; completion of reclamation by department. (1) When the State Department of Geology and Mineral Industries finds that an operator is conducting a surface mining operation for which an operating permit is required by ORS 517.702 to 517.989 or by rules adopted by the department, but has not been issued by the department, the department may issue an order to the operator to suspend the operation until an operating permit has been issued by the department for the surface mining operation or until the department is assured that the operator will comply with the requirement to obtain a permit.

����� (2) The department may issue an order to an operator to suspend operations if the operator has not complied with or is not complying with the operating permit, reclamation plan, this chapter or rules of the department. Failure to comply includes, but is not limited to, disturbing land within the permit boundary that has not been approved by the department for excavation, placement of debris or removal of vegetation.

����� (3) If the operator fails or refuses to comply with a suspension order, the Attorney General, at the request of the department, shall initiate any necessary legal proceeding to enjoin the surface mining operation and to provide for completion of the reclamation of the lands affected by the operation, including the restoration of buffers, setbacks or other areas not approved for disturbance. [1971 c.719 �12; 1985 c.292 �12; 1997 c.183 �3; 2007 c.318 �12]

����� 517.890 Review of final determination. Any final determinations made by the State Department of Geology and Mineral Industries in carrying out the provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder may be reviewed in the manner provided by the applicable provisions of ORS chapter 183. [1971 c.719 �13; 1985 c.292 �13; 1999 c.492 �8]

����� 517.900 [1971 c.719 �14; 1985 c.292 �14; repealed by 1999 c.492 �9 (517.901 enacted in lieu of 517.900)]

����� 517.901 Confidentiality of production records, mineral assessments and trade secrets. Any production records, mineral assessments and trade secrets submitted by a mine operator or landowner to the State Department of Geology and Mineral Industries shall be confidential. [1999 c.492 �10 (enacted in lieu of 517.900)]

(Nonaggregate Mineral Surface Mines)

����� 517.905 Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951. (1) ORS 517.910 to 517.989 only apply to surface mines for nonaggregate minerals.

����� (2) ORS 517.910 to 517.951 do not apply to surface mines for nonaggregate minerals that are subject to the provisions for consolidated operating permits set forth in ORS

ORS 221.031

221.031. Upon the filing of the petition, the county court shall fix the time and place for the hearing of such petition and shall give notice thereof by publication once each week for two successive weeks in a newspaper published in the county where the petition is filed and of general circulation within the boundaries, and by posting the notice for the same period of time in three public places in the area proposed to be incorporated. The notice shall state the time and place of the hearing, describe the boundaries set forth in the petition and state the purpose of the petition. If any portion of the proposed incorporation of a city lies within another county or counties, then the notice shall be published in a newspaper of general circulation in each of the counties and in the same time and manner.

����� (2) At the time and place fixed for the hearing, or at any time and place at which the hearing may be continued or postponed, any person interested may appear and present oral or written objections to the granting of the petition, the forming of the proposed incorporated city or the estimated rate of taxation set forth in the petition. The court may alter the boundaries as set forth in the petition to include all territory which may be benefited by being included within the boundaries of the proposed incorporated city, but shall not modify boundaries so as to exclude any land which would be benefited by the formation of the proposed city. No land shall be included in the proposed city which will not, in the judgment of the court, be benefited. If the court determines that any land has been improperly omitted from the proposed city and the owner has not appeared at the hearing, it shall continue the hearing and shall order notice given to the nonappearing owner requiring the owner to appear before it and show cause, if any the owner has, why the owner�s land should not be included in the proposed city. The notice shall be given by publication and posting in the same manner as the original notice for hearing and for the same period. For the purposes of this subsection, �owner� means the legal owner of record except that if there is a vendee under a duly recorded contract, the vendee shall be deemed to be the owner.

����� (3) Upon the final hearing of the petition, the court, if it approves the petition as originally presented or in an altered form, shall provide by order for the holding of an election relating to the incorporation of the proposed city. The order calling the election shall fix the date of the election on the date of the next primary election or general election that is not sooner than the 90th day after the date of the order. The order shall contain:

����� (a) A description of the exterior boundaries of the proposed city as determined by the court. The description shall be a metes and bounds or legal description prepared by the county surveyor or county assessor. The description prepared under this paragraph shall accurately describe the exterior boundaries of the proposed city as indicated on the map filed under ORS 221.031 (3) unless those boundaries were altered by the county court, in which case the description shall accurately describe the boundaries as altered;

����� (b) A provision requiring the county official in charge of elections to include on the ballot for the election a description of the boundaries of the proposed city using streets and other generally recognized features and a statement of the proposed permanent rate limit for operating taxes included in the petition for incorporation of the proposed city as required by ORS 221.031, which statement shall comply with the requirements of ORS 250.035; and

����� (c) The date on which the election will be held in the proposed city. [Amended by 1953 c.593 �3; 1979 c.316 �9; 1981 c.890 �7; 1983 c.83 �18; 1983 c.350 �17; 1989 c.92 �30; 1995 c.712 �90; 1997 c.541 �353; 1999 c.21 �3; 2007 c.669 �5]

����� 221.050 Incorporation election; election of first city council; proclamation of results. (1) The county court shall submit the proposition for incorporation determined as provided in ORS 221.040 to the electors registered in the area proposed to be incorporated. At the same election, five city council members for the proposed city shall be elected.

����� (2) ORS chapters 246 to 260 govern the conduct of an election under this section, including the nomination and election of the first city council, except as follows:

����� (a) A nominating or primary election for the purpose of nominating candidates for the city council shall not be held.

����� (b) Notwithstanding ORS 249.037, a nominating petition or declaration of candidacy must be filed with the county clerk not sooner than the 100th day and not later than the 70th day before the date of the election.

����� (c) At the time of filing a declaration of candidacy, a candidate for the first city council shall pay to the officer with whom the declaration is filed a fee of $25.

����� (d) A nominating petition shall contain at least 25 signatures of electors in the area proposed to be incorporated or a number of signatures of electors equal to at least 10 percent of the number of electors in the area proposed to be incorporated as of the date the election is ordered under ORS 221.040, whichever is less.

����� (3) The proposed ballot title for an election under this section shall be in compliance with ORS

ORS 222.510

222.510 (2) or a county service district pursuant to ORS 451.585 (1), the petition shall include a statement of this proposal.

����� (4) Each sheet of signatures shall be attached to a full and correct copy of the petition for incorporation. Not more than 20 signatures on each sheet of the petition for incorporation shall be counted. The circulator shall certify on each signature sheet that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet and that the circulator believes each individual is an elector registered in the county. If the territory proposed to be incorporated is within the jurisdiction of a local government boundary commission, each signature sheet shall contain a statement that the economic feasibility analysis for the proposed city was approved by the boundary commission, that the analysis is available for inspection at the offices of the boundary commission and that subsequent to the gathering of the petitions the boundary commission must review and finally approve the proposal prior to submission at an election. [1981 c.890 �3 (enacted in lieu of 221.030); 1983 c.83 �17; 1987 c.882 �12; 1989 c.92 �29; 1997 c.541 �351; 1999 c.318 �22; 2005 c.396 �1; 2007 c.669 �3; 2007 c.848 �21; 2010 c.41 �2]

����� 221.032 Annexation during pendency of incorporation. After a person files a petition for incorporation under ORS 221.031, a city or district may not commence annexation proceedings for any part of the area that is included in the boundaries of the area proposed to be incorporated until after a county court removes that part of the area from within the boundaries of the proposed city or the later of the following:

����� (1) The county court rejects the petition; or

����� (2) The voters do not approve the question of incorporation at an election called by the county court. [2007 c.669 �2]

����� 221.034 Incorporation of rural unincorporated community and contiguous lands. (1) As used in this section:

����� (a) �Neighboring city� means a city that has any part of its territory situated within three miles of the area proposed to be incorporated.

����� (b) �Rural unincorporated community� means a settlement with a boundary identified in an acknowledged comprehensive plan of a county and that:

����� (A) Is made up primarily of lands subject to an exception to statewide planning goals related to agricultural lands or forestlands;

����� (B) Either was identified in the acknowledged comprehensive plan of a county as a �rural community,� �service center,� �rural center,� �resort community� or similar term before October 28, 1994, or is listed in the Department of Land Conservation and Development�s �Survey of Oregon Unincorporated Communities� (January 30, 1997);

����� (C) Lies outside the urban growth boundary of a city or a metropolitan service district; and

����� (D) Is not incorporated as a city.

����� (c) �Urban reserve� has the meaning given that term in ORS 197A.230.

����� (d) �Urban services� has the meaning given that term in ORS 195.065.

����� (2) When any of the area proposed to be incorporated as a city lies within an urbanized area, but outside the urban growth boundary of a city or a metropolitan service district:

����� (a) The area proposed to be incorporated must also be located entirely within a designated rural unincorporated community and contiguous lands subject to an exception to statewide planning goals related to agricultural lands or forestlands.

����� (b) The petition required by ORS 221.031 must be accompanied by an affidavit, signed by a chief petitioner, stating that:

����� (A) Ten percent of the electors registered within the area proposed for incorporation favor the incorporation; and

����� (B) The chief petitioners have engaged the neighboring cities in discussions concerning the effects of the proposed incorporation, including discussions specifically relating to how those cities and the proposed city will allow for expansion of urban growth boundaries and, where applicable, for creation or expansion of urban reserves.

����� (c) The economic feasibility statement required by ORS 221.035 must:

����� (A) Indicate that the proposed city must plan for and provide urban services in a cost-effective manner at the minimum level adequate to meet current needs and projected growth;

����� (B) Contain a proposed permanent rate limit for operating taxes to provide revenues for urban services; and

����� (C) Indicate that the proposed city must plan for residential development at or above the same urban density planned for an existing city, within the county, that has a similar geographic area within the existing city�s urban growth boundary or, for a proposed city within three miles of Metro�s boundary, a minimum urban residential density in accordance with a statewide planning goal and rules pertaining to needed housing for cities within Metro�s urban growth boundary.

����� (d) If the proposed city will be required to complete a public facility plan and a transportation systems plan, the proposed city must demonstrate the ability to provide urban services to meet current needs and projected growth. The proposed city may meet this requirement, in whole or in part, by establishing an agreement in principle with a city or a district, as defined in ORS 195.060, to provide the urban services.

����� (3) If the governing body of a neighboring city determines that the proposed incorporation adversely affects that city, the governing body may ask the county court with which the petition for incorporation was filed to reject the petition and terminate the incorporation proceedings. The objections by the city to the incorporation shall be heard and considered by the county court at a public hearing held under ORS 221.040.

����� (4) If, at the hearing held under ORS 221.040, the county court finds that any of the requirements of subsection (2) of this section are not met or that the proposed incorporation will adversely affect a neighboring city, the county court shall provide by order for the termination of the incorporation proceedings. The order shall contain the findings of the county court relating to the proposed incorporation and the reasons for terminating the incorporation proceedings.

����� (5) In the manner provided in ORS 197.830 to 197.845, the Land Use Board of Appeals shall review, upon the petition of a party to the incorporation proceedings, the order of the county court under subsection (4) of this section. [2001 c.132 �2; 2005 c.396 �2; 2007 c.723 �8]

����� 221.035 Economic feasibility statement; contents. (1) If a person intends to file a petition for incorporation under ORS 221.031 (1), the person may file a notice of intent to prepare an economic feasibility statement with the county clerk of the county in which the proposed city lies or, should it lie in more than one county, with the county clerk of the county in which the largest part of its territory lies.

����� (2) When a petition for incorporation is filed under ORS 221.031 (1), an economic feasibility statement concerning the proposed city described in the petition shall also be filed with the county clerk. The economic feasibility statement shall be prepared by the persons designated as the chief petitioners and shall form the basis for the proposed permanent rate limit for operating taxes required by ORS 221.031 (3). The economic feasibility statement shall contain:

����� (a) A description of the services and functions to be performed or provided by the proposed city;

����� (b) An analysis of the relationship between those services and functions and other existing or needed government services; and

����� (c) Proposed first and third year budgets for the new city demonstrating its economic feasibility. [1989 c.92 �28; 1997 c.541 �352; 2001 c.557 �3; 2007 c.669 �4]

����� 221.036 Inclusion of area within urban growth boundary in incorporation of rural unincorporated community. For an area that includes a rural unincorporated community, as defined in ORS

ORS 223.845

223.845, unless the context requires otherwise:

����� (1) �Actual cost� has the meaning given the term under ORS 310.140.

����� (2) �Capital construction project� means a project for �capital construction,� as defined under ORS 310.140.

����� (3)(a) �Estimated assessment� means, with respect to each property to be assessed in connection with a local improvement, the total assessment that, at the time of giving notice of the assessment and the right to object or remonstrate, the local government estimates will be levied against the property following completion of the local improvement. The estimate shall be based on the local government�s estimate at that time of the actual costs of the local improvement and the proposed formula for apportioning the actual costs to the property.

����� (b) �Estimated assessment� shall be determined by:

����� (A) Excluding from estimated actual costs the estimated financing costs associated with any bonds issued to accommodate the payment of the assessment in installments; and

����� (B) Including in estimated actual costs the estimated financing costs associated with interim financing of the local improvement.

����� (4) �Final assessment� means, with respect to each property to be assessed in connection with a local improvement, the total assessment levied against the property following completion of the local improvement. The total assessment shall be based on the actual costs of the local improvement and the formula for apportioning the actual costs to the property.

����� (5)(a) �Financing� means all costs necessary or attributable to acquiring and preserving interim or permanent financing of a local improvement.

����� (b) The costs of financing may include the salaries, wages and benefits payable to employees of the local government to the extent the same are reasonably allocable to the work or services performed by the employees in connection with the financing of a local improvement or any part thereof. However, as a condition to inclusion of any salaries, wages or benefits payable to employees of a local government as financing costs of a local improvement or any part thereof, the local government shall establish a record keeping system to track the actual work done or services performed by each employee on or in connection with such local improvement.

����� (c) Financing costs that are to be incurred after the levy of a final assessment may be included in the final assessment based on the local government�s reasonable estimate of the financing costs if the local government first documents the basis for the estimate and makes the documentation available to interested persons on request.

����� (6) �Governing body� means the council, commission, board or other controlling body, however designated, in which the legislative powers of a local government are vested.

����� (7) �Installment application� means an application filed by a property owner to have a final assessment paid in installments over a period of years.

����� (8) �Local government� means a local government as defined in ORS 174.116 that has authority to undertake the acquisition, construction, reconstruction, repair, betterment or extension of a local improvement.

����� (9) �Local improvement� has the meaning given the term under ORS 310.140.

����� (10) �Lot� means a lot, block or parcel of land.

����� (11) �Owner� means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor.

����� (12) �Recorder� means the auditor, recorder, clerk or other person or officer of a local government serving as clerk of the local government or performing the clerical work of the local government, or other official or employee as the governing body of a local government shall designate to act as recorder.

����� (13) �Structure� has the meaning given the term under ORS 310.140.

����� (14) �Treasurer� means the elected or appointed official of a local government, however designated, charged by law with the responsibility for acting as custodian of and investment officer for the public moneys of the local government. [1991 c.902 �3; 2003 c.802 �2; 2017 c.283 �3]

APPROPRIATION AND CONDEMNATION OF PROPERTY FOR CITY PURPOSES; SPECIAL PROCEDURE

����� 223.005 Appropriation and condemnation for public use within and without city limits. Any incorporated city may:

����� (1) Appropriate any private real property, water, watercourse and riparian rights to any public or municipal use or for the general benefit and use of the people of the city, including but not limited to appropriation for an aviation field, park, city hall, city buildings, jail, or to protect the city from overflow by freshets.

����� (2) Appropriate any real property, water, watercourse and water and riparian rights, including power sites, to any public or municipal use or for the general benefit and use of the people within or without the city, and to build dams, reservoirs and conduits for the purpose of storing and using water to aid in developing the necessary power to generate electricity for the use and benefit of the people within or without the city.

����� (3) Condemn for its use private property for the purpose of erecting and maintaining electric lines thereon for the purpose of generating and conveying power to light and heat the city, and to be used and sold by the city for manufacturing, transportation, domestic and other purposes, either within or without the corporate limits of the city, and for the purpose of constructing electrical systems for municipal uses. [Amended by 1971 c.134 �1]

����� 223.010 Right of city to enter upon, survey, examine and select property to be appropriated or condemned. For the purposes of ORS 223.005, a city may enter upon, survey and examine property in the manner provided by ORS 35.220 and may select any such property or rights for the purpose of constructing any ditch, drain, dam, dike, canal, flume, sewer, reservoir, septic tank, filter bed, sewer form or purifying plant or laying or constructing and maintaining any pipe, sewer, drain, aqueduct, dam, dike, canal, flume, reservoir, septic tank, filter bed, sewer form or purifying plant or other plant, building or electric lines or system for municipal uses, including but not limited to, aviation fields, parks, city hall, city buildings, jails, docks, piers, slips, shore and terminal structures. [Amended by 1971 c.134 �2; 2003 c.477 �4]

����� 223.015 Manner of appropriation or condemnation; compensation. After selection of such rights and property under ORS 223.010 in such manner as the council provides, the city seeking to make the appropriation may proceed in the manner prescribed by the statutes for the appropriation of land for corporate purposes, and not otherwise, unless otherwise provided by law, to have such property appropriated and the compensation therefor determined and paid. However, the compensation for such condemnation by a city shall be paid by a deposit in the court of an order drawn upon the city treasurer for the amount of compensation.

����� 223.020 Scope of appropriation. Appropriation of property under ORS 223.005 may extend beyond the corporate limits of the city to or along and including any lake, spring, stream or power site.

����� 223.025 [Repealed by 1963 c.297 �1]

����� 223.030 [Repealed by 1963 c.297 �1]

����� 223.035 [Repealed by 1963 c.297 �1]

����� 223.040 [Repealed by 1963 c.297 �1]

MUNICIPAL CONDEMNATION PROCEEDINGS

����� 223.105 Proceedings to condemn property for city improvements when owner and city disagree on price. (1) The provisions of this section apply to every city, whether organized under general law or otherwise.

����� (2) Whenever the council of any incorporated city deems it necessary to take or damage private property for the purpose of establishing, laying out, extending or widening streets, or other public highways and places within any city, or for rights of way for drains, sewers or aqueducts, or for widening, straightening or diverting channels of streams and the improvement of waterfronts, and the council cannot agree with the owner of the property as to the price to be paid, the council may direct proceedings to be taken under the general laws of this state to procure the same.

����� 223.110 [Repealed by 1971 c.741 �38]

ECONOMIC IMPROVEMENT DISTRICTS

����� 223.112 Definitions for ORS 223.112 to 223.132. As used in ORS 223.112 to 223.132, unless the context requires otherwise:

����� (1) �Council� means the city council or other controlling body of a city.

����� (2) �Economic improvement� means:

����� (a) The planning or management of development or improvement activities.

����� (b) Landscaping or other maintenance of public areas.

����� (c) Promotion of commercial activity or public events.

����� (d) Activities in support of business recruitment and development.

����� (e) Improvements in parking systems or parking enforcement.

����� (f) Any other economic improvement activity for which an assessment may be made on property specially benefited thereby. [1985 c.576 �1; 1991 c.902 �4]

����� 223.114 Economic improvement; assessment ordinance. (1) A council may enact an ordinance establishing a procedure to be followed by the city in making assessments for the cost of an economic improvement upon the lots which are specially benefited by all or part of the improvement.

����� (2) In any ordinance adopted under subsection (1) of this section, a city shall not be authorized to:

����� (a) Levy assessments in an economic improvement district in any year that exceed one percent of the real market value of all the real property located within the district.

����� (b) Include within an economic improvement district any area of the city that is not zoned for commercial or industrial use.

����� (c) Levy assessments on residential real property or any portion of a structure used for residential purposes. [1985 c.576 �2; 1989 c.1018 �3; 1991 c.459 �350; 1991 c.902 �5]

����� 223.115 [Repealed by 1971 c.741 �38]

����� 223.117 Requirements of assessment ordinance. (1) An ordinance adopted under ORS 223.114, shall provide for enactment of an assessment ordinance that:

����� (a) Describes the economic improvement project to be undertaken or constructed.

����� (b) Contains a preliminary estimate of the probable cost of the economic improvement and the proposed formula for apportioning cost to specially benefited property.

����� (c) Describes the boundaries of the district in which property will be assessed.

����� (d) Specifies the number of years, to a maximum of five, in which assessments will be levied.

����� (e) Contains provision for notices to be mailed or delivered personally to affected property owners that announce the intention of the council to construct or undertake the economic improvement project and to assess benefited property for a part or all of the cost. The notice shall state the time and place of the public hearing required under paragraph (f) of this subsection.

����� (f) Provides for a hearing not sooner than 30 days after the mailing or delivery of notices to affected property owners at which the owners may appear to support or object to the proposed improvement and assessment.

����� (2) The ordinance shall also:

����� (a) Provide that if, after the hearing held under subsection (1)(f) of this section, the council determines that the economic improvement shall be made, the council shall determine whether the property benefited shall bear all or a portion of the cost and shall determine, based on the actual or estimated cost of the economic improvement, the amount of assessment on each lot in the district.

����� (b) Require the city recorder or other person designated by the council to prepare the proposed assessment for each lot in the district and file it in the appropriate city office.

����� (c) Require notice of such proposed assessment to be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice. The notice shall state the time and place of a public hearing at which affected property owners may appear to support or object to the proposed assessment. The hearing shall not be held sooner than 30 days after the mailing or personal delivery of the notices.

����� (d) Provide that the council shall consider such objections and may adopt, correct, modify or revise the proposed assessments.

����� (e) Provide that the assessments will not be made and the economic improvement project terminated when written objections are received at the public hearing from owners of property upon which more than 33 percent of the total amount of assessments is levied. [1985 c.576 �3; 1989 c.1018 �4]

����� 223.118 Remonstrance against assessment; exclusion of property. (1) In addition to the requirements listed in ORS 223.117 (2), an assessment ordinance adopted under ORS 223.114 and 223.117 may, at the discretion of the council, provide that:

����� (a) When the council receives written objections at the public hearing only from owners of property upon which less than 33 percent of the total amount of assessments is levied, the economic improvement project may be undertaken or constructed, but that assessments shall not be levied on any lot or parcel of property if the owner of that property submitted written objections at the public hearing. Notwithstanding any other provision of law, an owner of property who fails to submit written objections at the public hearing as provided for in the ordinance shall be deemed to have made a specific request for the economic improvement services to be provided during the period of time specified in the assessment ordinance.

����� (b) The council, after excluding from assessment property belonging to such owners, shall determine the amount of assessment on each of the remaining lots or parcels in the district.

����� (c) Notice of such proposed assessment be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice.

����� (2) When assessments are levied against property within an economic improvement district in accordance with an assessment ordinance that contains the provisions described in subsection (1) of this section:

����� (a) Any new owner of benefited property in the district or any owner of benefited property who excluded the property from assessment by submitting written objections to the council may subsequently agree to the assessment of the owner�s property in the district. The council shall apportion the costs to the property for the remaining time in which assessments will be levied.

����� (b) The assessed property may not be relieved from liability for that assessment.

����� (c) If the council considers it necessary to levy assessments upon property in the district for longer than the period of time specified in the assessment ordinance, the council shall enact an ordinance that provides for continued assessments for a specified number of years and grants to property owners in the district the notice and right of remonstrance described in ORS 223.117 (2)(b) to (e) and subsection (1)(a) to (c) of this section. [1991 c.773 �2]

����� 223.119 Advisory committee; functions. An ordinance adopted under ORS 223.114, may require creation, for each economic improvement district, of an advisory committee to allocate expenditure of moneys for economic improvement activities within the scope of ORS 223.112 to

ORS 223.882

223.882 can be contracted or incurred, the consent of the electors of the city must first be obtained. [Formerly 223.865]

����� 223.888 Authority of city to carry out law. In the execution of powers conferred by ORS 223.882 to 223.886, a city may act through its council, commission of public docks, or other administrative body having jurisdiction of its wharves, docks or waterfront property. The city or its said administrative body may enter into and execute contracts or leases and do all acts and things requisite for carrying out the purposes of ORS 223.882 to 223.900. [Formerly 223.870]

����� 223.900 Leasing property to individuals. In leasing or renting any part or portion of the real property acquired pursuant to the authority of ORS 223.882 to any individual or corporation, a city shall act in conformity with the requirements of ORS 271.300 to 271.360 when those sections are applicable. [Formerly 223.875; 1985 c.443 �2]

����� 223.905 [Repealed by 2007 c.783 �234]

����� 223.910 [Repealed by 2007 c.783 �234]

����� 223.915 [Repealed by 2007 c.783 �234]

����� 223.920 [Repealed by 2007 c.783 �234]

����� 223.925 [Repealed by 2007 c.783 �234]

MISCELLANEOUS PROVISIONS

����� 223.930 Streets along city boundaries or partly within and without city. (1) Any city may construct, improve, maintain and repair any street the roadway of which, as defined in the Oregon Vehicle Code, is along or along and partly without, or partly within and partly without the boundaries of the city and may acquire, within and without the boundaries of such city, such rights of way as may be required for such street by donation or purchase or by condemnation in the same manner as provided in ORS 223.005 to 223.105, except as provided in subsection (2) of this section.

����� (2) In any condemnation proceeding pursuant to subsection (1) of this section, a city shall not have any right of occupancy or possession until the condemnation judgment is paid. [1955 c.551 �1; 1985 c.16 �453]

����� 223.935 Basis for legalization of road. A city governing body may initiate proceedings to legalize a city road within the city under ORS 223.935 to 223.950 if any of the following conditions exist:

����� (1) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road.

����� (2) If the location of the road cannot be accurately determined due to:

����� (a) Numerous alterations of the road;

����� (b) A defective survey of the road or adjacent property; or

����� (c) Loss or destruction of the original survey of the road.

����� (3) If the road as traveled and used for 10 years or more does not conform to the location of a road described in the city records. [1989 c.375 �1]

����� 223.940 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 223.935, the city governing body shall:

����� (a) Cause the road to be surveyed to determine the location of the road;

����� (b) Cause the city engineer or other city road official to file a written report with the city governing body including the survey required under this section and any other information required by the city governing body; and

����� (c) Cause notice of the proceedings for legalization to be provided to owners of abutting land in the manner required by city ordinance or charter.

����� (2) In a proceeding under this section, any person may file with the city governing body information that controverts any matter presented to the city governing body in the proceeding or alleging any new matter relevant to the proceeding. [1989 c.375 �2]

����� 223.945 Compensation for property affected by road legalization. (1) A city governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings under ORS 223.935 to 223.950.

����� (2) To qualify for compensation under this section, a person must file a claim for damages with the city governing body before the close of the hearing to legalize the road. The city governing body shall consider a claim for damages unless the city governing body determines that:

����� (a) At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road;

����� (b) Upon the original location of the road, the person received damages;

����� (c) The person or the person�s grantor applied for or assented to the road passing over the property; or

����� (d) When making settlements on the property, the person found the road in public use and traveled.

����� (3) The compensation allowed under this section shall be just compensation for the removal of the encroaching structure.

����� (4) The city governing body may proceed to determine compensation and acquire the structure by any method authorized by law or by the city charter.

����� (5) If a city governing body determines that removal of the encroaching structure is not practical under this section, the city governing body may acquire property to alter the road being legalized. [1989 c.375 �3]

����� 223.950 Order under road legalization proceeding. (1) After considering matters presented in a proceeding to legalize a road under ORS 223.935 to 223.950, a city governing body shall determine whether legalization of the road is in the public interest and shall enter an order abandoning or completing the legalization procedures on the road.

����� (2) When a city governing body legalizes a road under ORS 223.935 to 223.950, the city governing body shall cause the road to be surveyed and the centerline and right of way to be monumented by a registered professional land surveyor. The survey map and narrative for such survey shall be prepared and filed with the county surveyor in accordance with ORS 209.250.

����� (3) Courts shall receive any order filed under this section as conclusive proof that the road exists as described in the order.

����� (4) Upon completion of the legalization procedures under ORS 223.935 to 223.950:

����� (a) Any records showing the location of the road that conflict with the location of the road as described in the order are void; and

����� (b) The road exists as shown on the order legalizing the road. [1989 c.375 �4]

ORS 226.130

226.130)]

����� 226.140 Organization of board; compensation. The commissioners shall organize at a meeting thereof, to be called by the mayor not less than 30 nor more than 60 days after appointment of the commissioners is complete. The mayor shall be chairperson of the board. Whenever a vacancy occurs in the board appointed under ORS 226.120, the proper judge or judges shall fill the vacancy. Commissioners shall not receive compensation for their services as such.

����� 226.150 Duties of secretary. The board shall appoint a secretary, who shall keep an accurate record of all proceedings of the board, including all rules and regulations adopted for government or use of the parks.

����� 226.160 Duties of treasurer. The city treasurer shall be treasurer of the board. The treasurer shall keep an accurate account of all moneys received and paid out on account of the board apart from all other accounts, and shall pay out no moneys on account of the board, except upon a warrant drawn upon the treasurer by the chairperson or acting chairperson, countersigned by the secretary or acting secretary, of the board.

����� 226.170 Publication of penalties. The rules and regulations of the board for violation of which penalties are fixed shall be made public, as the board determines.

����� 226.180 Meetings; requirements for business transactions. Regular meetings of the board shall be held on the first Tuesday of each month. Special meetings may be called by the chairperson upon application of three members of the board. No business shall be transacted at any meeting of the board without the presence of three or more of the commissioners. No land shall be purchased without concurrence of a majority of the board.

����� 226.190 Prohibition of member interest in board contracts. No commissioner shall be interested in any contract to which the board of which the commissioner is a member is a party or in which it is interested.

����� 226.200 [Repealed by 2023 c.173 �1]

����� 226.210 General powers of board; rules. (1) The board shall have full and exclusive control of all parks within or connected with its respective city. For that purpose it may:

����� (a) Lay out and improve such parks.

����� (b) Appoint all necessary engineers, surveyors and all other employees, including a police force to act in the parks and fix the amount of their compensation.

����� (c) Do all acts needful and proper for the protection, care or improvement of the parks.

����� (d) Make all necessary rules or regulations for the use or government of the parks.

����� (e) Affix penalties for breaches of the rules or regulations made under paragraph (d) of this subsection. These penalties shall not exceed $20 for any one offense and shall be collected as other fines and penalties are collected in the city where such offense is committed.

����� (f) Acquire title by purchase, gift, devise or otherwise, to any land it deems desirable for parks, the title to be taken in the name of the city.

����� (2) The board shall disburse all moneys appropriated, given, received or collected for the improvement or use of the parks.

����� (3) All contracts for the purchase of land for park purposes shall be made by the board.

����� (4) If the board, being desirous of acquiring any land for any park, cannot agree with the owner as to the amount to be paid therefor, the board may proceed in the circuit court of the county in which the land is situated, as provided in ORS 223.005 to 223.020 for the appropriation of such land for park purposes.

����� 226.220 Vote required for special tax levy. (1) If necessary, the board may provide for payment of land purchases under ORS

ORS 227.178

227.178 (3)(a). [2007 c.866 �2; 2021 c.237 �1; 2023 c.301 �4]

����� 92.177 Creation of parcel by less than all owners of lawfully established unit of land. When a unit of land was sold before January 1, 2007, but was not a lawfully established unit of land, the governing body of the city or county or its designee shall consider and may approve an application for the creation of a parcel pursuant to ORS 92.176, notwithstanding that less than all of the owners of the existing lawfully established unit of land have applied for the approval. [1993 c.436 �2; 1995 c.595 �14; 2007 c.866 �6]

����� 92.178 Creation of parcel previously approved but not acted upon. (1) The governing body of a county may approve an application requesting formation of one parcel if the county issued a land use decision approving the parcel prior to January 1, 1994, and:

����� (a) A plat implementing the previous land use decision was not recorded; or

����� (b) A condition of approval of the previously approved land use decision requiring consolidation of adjacent lots or parcels was not complied with by a previous owner of the land.

����� (2) An application under this section is not subject to ORS 215.780.

����� (3) Approval of an application under this section does not affect the legal status of land that is not the subject of the application.

����� (4) As used in this section:

����� (a) �Lot� has the meaning given the term in ORS 92.010.

����� (b) �Parcel� has the meaning given the term in ORS 92.010. [2005 c.240 �1]

����� Note: 92.178 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 92 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 92.179 Liability for costs of relocating utility facilities. Notwithstanding any other provision of law, a person who subdivides or partitions real property shall be liable for the reasonable and necessary costs of continuing utility service to structures on the property being subdivided or partitioned if the subdividing or partitioning causes utility lines to be moved or service to be interrupted, unless the person subdividing or partitioning the real property grants an easement to the utility service provider to accommodate continuing utility service to the structures. [1997 c.523 �2]

REPLATTING

����� 92.180 Authority to review replats. (1) Each agency or body authorized to approve subdivision or partition plats under ORS 92.040 shall have the same review and approval authority over any proposed replat of a recorded plat.

����� (2) Nothing in this section regarding replatting shall be construed to allow subdividing or partitioning of land without complying with all the applicable provisions of this chapter. [1985 c.369 �2; 1991 c.763 �18]

����� 92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements. The act of replatting shall allow the reconfiguration of lots or parcels and public easements within a recorded plat. Except as provided in subsection (5) of this section, upon approval by the reviewing agency or body as defined in ORS 92.180, replats will act to vacate the platted lots or parcels and easements within the replat area with the following conditions:

����� (1) A replat, as defined in ORS 92.010 shall apply only to a recorded plat.

����� (2) Notice shall be provided as described in ORS 92.225 (4) when the replat is replatting all of an undeveloped subdivision as defined in ORS 92.225.

����� (3) Notice, consistent with the governing body of a city or county approval of a tentative plan of a subdivision plat, shall be provided by the governing body to the owners of property adjacent to the exterior boundaries of the tentative subdivision replat.

����� (4) When a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies or public agencies shall be notified, consistent with a governing body�s notice to owners of property contiguous to the proposed plat. Any utility company that desires to maintain an easement subject to vacation under this section must notify the governing body in writing within 14 days of the mailing or other service of the notice.

����� (5) A replat shall not serve to vacate any public street or road.

����� (6) A replat shall comply with all subdivision provisions of this chapter and all applicable ordinances and regulations adopted under this chapter. [1985 c.369 �3; 1991 c.763 �19; 1993 c.702 �9]

����� 92.190 Effect of replat; operation of other statutes; use of alternate procedures. (1) The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions.

����� (2) Nothing in ORS 92.180 to 92.190 is intended to prevent the operation of vacation actions by statutes in ORS chapter 271 or 368.

����� (3) The governing body of a city or county may use procedures other than replatting procedures in ORS 92.180 and 92.185 to adjust property lines as described in ORS 92.010 (12), as long as those procedures include the recording, with the county clerk, of conveyances conforming to the approved property line adjustment as surveyed in accordance with ORS 92.060 (7).

����� (4) A property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgment. [1985 c.369 �4; 1989 c.772 �24; 1991 c.763 �20; 2007 c.866 �10]

����� 92.192 Property line adjustment; zoning ordinances; size of unit of land. (1) As used in this section:

����� (a) �Ground water restricted area� has the meaning given that term in ORS 195.300.

����� (b) �High-value farmland� has the meaning given that term in ORS 195.300.

����� (c) �High-value forestland� has the meaning given that term in ORS 195.300.

����� (d) �Waiver� has the meaning given that term in ORS 195.300.

����� (2) Except as provided in this section, a lawfully established unit of land that is reduced in size by a property line adjustment approved by a city or county must comply with applicable zoning ordinances after the adjustment.

����� (3) Subject to subsection (4) of this section, for land located entirely outside the corporate limits of a city, a county may approve a property line adjustment in which:

����� (a) One or both of the abutting lawfully established units of land are smaller than the minimum lot or parcel size for the applicable zone before the property line adjustment and, after the adjustment, one is as large as or larger than the minimum lot or parcel size for the applicable zone; or

����� (b) Both abutting lawfully established units of land are smaller than the minimum lot or parcel size for the applicable zone before and after the property line adjustment.

����� (4) On land zoned for exclusive farm use, forest use or mixed farm and forest use, a property line adjustment may not be used to:

����� (a) Decrease the size of a lawfully established unit of land that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if another lawfully established unit of land affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other affected lawfully established unit of land for a dwelling;

����� (b) Decrease the size of a lawfully established unit of land that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if another lawfully established unit of land affected by the property line adjustment would be increased to a size as large as or larger than the minimum lot or parcel size required to qualify the other affected lawfully established unit of land for a dwelling;

����� (c) Allow an area of land used to qualify a lawfully established unit of land for a dwelling based on an acreage standard to be used to qualify another lawfully established unit of land for a dwelling if the land use approval would be based on an acreage standard; or

����� (d) Adjust a property line that resulted from a subdivision or partition authorized by a waiver so that any lawfully established unit of land affected by the property line adjustment is larger than:

����� (A) Two acres if the lawfully established unit of land is, before the adjustment, two acres in size or smaller and is high-value farmland, high-value forestland or within a ground water restricted area; or

����� (B) Five acres if the lawfully established unit of land is, before the adjustment, five acres in size or smaller and is not high-value farmland, high-value forestland or within a ground water restricted area. [2008 c.12 �2; 2015 c.423 �1; 2017 c.109 �1]

UNDEVELOPED SUBDIVISIONS

����� 92.205 Policy. (1) The Legislative Assembly finds that many subdivisions for which plats have been approved and recorded have not been developed and that many such subdivisions were approved prior to the adoption of a comprehensive plan, zoning regulations and ordinances and modern subdivision control standards by the jurisdiction within which the lands described in the subdivision plats are situated.

����� (2) The Legislative Assembly finds, therefore, that it is necessary for the protection of the public health, safety and welfare to provide for the review of undeveloped subdivisions for the purpose of modifying such subdivisions, if necessary, to comply with the current comprehensive plan, zoning ordinances and regulations and modern subdivision control standards, or, if such modification is not feasible, of vacating the nonconforming, undeveloped subdivisions and to vacate any lands dedicated for public use that are described in the plat of each such vacated subdivision. [1973 c.569 �1]

����� 92.210 [1963 c.624 �3; 1965 c.584 �3; repealed by 1973 c.421 �52]

����� 92.215 Review authorized; manner. (1) Each agency or body authorized to approve subdivision plats under ORS

ORS 227.285

227.285); 1975 c.767 �12]

����� 227.290 Building setback lines established by city council; criteria. (1) The council or other governing body of any incorporated city, under an exercise of its police powers, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway or other public way in such city. It may make it unlawful and provide a penalty for erecting after said establishment any building or structure closer to the street line than such setback line, except as may be expressly provided by ordinance. The council or body shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons owning property affected before establishing any such setback line. Such setback lines may be established without requiring a cutting off or removal of buildings existing at the time.

����� (2) The council may consider, in enacting ordinances governing building setback lines, the site slope and tree cover of the land with regard to solar exposure. The council shall not restrict construction where site slope and tree cover make incident solar energy collection unfeasible, except an existing solar structure�s sun plane shall not be substantially impaired.

����� (3) The council may consider, in enacting ordinances governing building setback lines and maximum building height, the impact on available wind resources. The ordinances shall protect an existing wind energy system�s wind source to the extent feasible.

����� (4) The powers given in this section shall be so exercised as to preserve constitutional rights. [Amended by 1979 c.671 �4; 1981 c.590 �9]

����� 227.300 Use of eminent domain power to establish setback lines. The council or other governing body of any incorporated city, under an exercise of the power of eminent domain, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway, or other public way in such city in cases where the establishment of such setback lines is for street widening purposes, and in cases where the establishment of such setback lines affects buildings or structures existing at the time. The council or other governing body of the city shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons whose property is affected by such establishment. In case of the exercise of the power of eminent domain, provision shall be made for ascertaining and paying just compensation for any damages caused as the result of establishing such setback lines.

����� 227.310 [1957 c.67 �1; 1975 c.767 �13; repealed by 1977 c.766 �16]

����� 227.320 City program for demolition of residences or residential buildings. (1) Subject to the provisions of this section, a city of this state may establish by ordinance or otherwise a program for the demolition of residences or residential buildings. A program established under this subsection:

����� (a) Must require a person performing a demolition to acquire a permit from the city authorizing the person to perform the demolition;

����� (b) If a person performing a demolition is a contractor, as defined in ORS 701.005 (5)(a), and if a residence or residential building to be demolished was built before January 1, 1978, must require the person, as a condition of receiving a permit under this subsection, to submit proof verifying that the person has been certified to engage in lead-based paint activities in accordance with rules adopted by the Oregon Health Authority;

����� (c) If a residence or residential building to be demolished was built before January 1, 1978, must require the person performing the demolition to comport with some or all of a list of best practices developed and periodically updated by the authority, in consultation with the Department of Environmental Quality, the Construction Contractors Board and other interested stakeholders, for the purpose of containing lead particles that otherwise would be released into the air during a demolition;

����� (d) May require a person performing a demolition to provide a copy of the asbestos survey required under ORS 468A.757 and notice of intent to perform activities related to asbestos abatement to an agency of the city before performing the demolition; and

����� (e) May provide for the dissemination to the public of a document, developed in coordination with the authority and the department, listing answers to frequently asked questions about:

����� (A) Best practices for containing lead particles that otherwise would be released into the air during a demolition;

����� (B) The asbestos survey required under ORS 468A.757; and

����� (C) Asbestos abatement activities that must be conducted before a demolition.

����� (2) Subsection (1)(b) and (c) of this section does not apply to the demolition of a residence or residential building built before January 1, 1978, if a person certified to inspect or assess structures for the presence of lead-based paint in accordance with rules adopted by the authority has determined that the residence or residential building does not contain lead-based paint.

����� (3)(a) Except as provided in paragraph (b) of this subsection, this section does not prevent a city from adopting ordinances or otherwise providing for the further regulation of demolitions of residences and residential buildings.

����� (b) After any best practices are developed as described in subsection (1)(c) of this section, a city may not adopt ordinances regarding, or otherwise provide for, best practices for the purpose of containing lead particles that otherwise would be released into the air during a demolition that are in addition to any best practices developed and updated as described in subsection (1)(c) of this section. [2017 c.739 �1]

����� Note: 227.320 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WETLANDS DEVELOPMENT

����� 227.350 Notice of proposed wetlands development; exception; approval by city. (1) After the Department of State Lands has provided the city with a copy of the applicable portions of the Statewide Wetlands Inventory, the city shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the Statewide Wetlands Inventory:

����� (a) Subdivisions;

����� (b) Building permits for new structures;

����� (c) Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways;

����� (d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and

����� (e) Planned unit development approvals.

����� (2) The provisions of subsection (1) of this section do not apply if a permit from the department has been issued for the proposed activity.

����� (3) Approval of any activity described in subsection (1) of this section shall include one of the following notice statements:

����� (a) Issuance of a permit under ORS 196.600 to 196.921 by the department required for the project before any physical alteration takes place within the wetlands;

����� (b) Notice from the department that no permit is required; or

����� (c) Notice from the department that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.

����� (4) If the department fails to respond to any notice provided under subsection (1) of this section within 30 days of notice, the city approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.

����� (5) The city may issue local approval for parcels identified as or including wetlands on the Statewide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the department with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.

����� (6) Notice of activities authorized within an approved wetland conservation plan shall be provided to the department within five days following local approval.

����� (7) Failure by the city to provide notice as required in this section will not invalidate city approval. [1989 c.837 �31; 1991 c.763 �26]

TRUCK ROUTES

����� 227.400 Truck routes; procedures for establishment or revision; notice; hearing. (1) A city council shall not establish a new truck route or revise an existing truck route within the city unless the council first provides public notice of the proposed truck route and holds a public hearing concerning its proposed action.

����� (2) The city council shall provide notice of a public hearing held under this section by publishing notice of the hearing once a week for two consecutive weeks in some newspaper of general circulation in the city. The second publication of the notice must occur not later than the fifth day before the date of the public hearing.

����� (3) The notice required under this section shall state the time and place of the public hearing and contain a brief and concise statement of the proposed formation of the truck route, including a description of the roads and streets in the city that will form the truck route.

����� (4) As used in this section:

����� (a) �Truck� includes motor truck, as defined in ORS 801.355, and truck tractor, as defined in ORS 801.575.

����� (b) �Truck route� means the roads or streets in a city which have been formally designated by the city council as the roads or streets on which trucks must travel when proceeding through the city. [1985 c.564 �1]

RECYCLING CONTAINERS

����� 227.450 Recycling containers; recommendations for new construction. (1) Multiunit housing with more than 10 individual residential units should include adequate space and access for collection of containers for solid waste and recyclable materials.

����� (2) Each commercial building and each industrial and institutional building should include adequate space and access for collection of containers for solid waste and recyclable materials.

����� (3) As used in this section, �commercial,� �recyclable material� and �solid waste� have the meanings given in ORS 459.005. [1997 c.552 �32; 2025 c.38 �43]

CLUSTERED MAILBOXES

����� 227.455 Clustered mailboxes in city streets and rights-of-way. Each city in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of city streets and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 �2]

����� Note: 227.455 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PERMITTED USES IN ZONES

����� 227.500 Use of real property for religious activity; city regulation of real property used for religious activity. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a city shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

����� (a) Worship services.

����� (b) Religion classes.

����� (c) Weddings.

����� (d) Funerals.

����� (e) Meal programs.

����� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

����� (2) A city may:

����� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review and design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

����� (b) Prohibit or regulate the use of real property by a place of worship described in subsection (1) of this section if the city finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

����� (3) Notwithstanding any other provision of this section, a city may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �4; 2017 c.745 �8; 2019 c.640 �20; 2021 c.385 �5; 2021 c.446 �5; 2025 c.267 �2]

����� 227.505 Solar energy systems on residential and commercial structures. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

����� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

����� (3) Approval of a permit application under ORS 227.160 to 227.186 is, notwithstanding the definition of �permit� in ORS 227.160, a ministerial function if:

����� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

����� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

����� (4) As part of the permit approval process, a city:

����� (a) May not charge a fee pursuant to ORS 227.175 for processing a permit;

����� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

����� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

����� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

����� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

����� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

����� (c) Located in an area designated as a significant scenic resource unless the material used is:

����� (A) Designated as anti-reflective; or

����� (B) Eleven percent or less reflective.

����� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �2]

����� Note: 227.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PLANNING AND ZONING PREAPPLICATION PROCESS

����� 227.600 Land use approval preapplication review. (1) As used in this section:

����� (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) �Local government� has the meaning given that term in ORS 174.116.

����� (2) Before an applicant may submit an application under ORS 227.160 to 227.186 for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Department of Environmental Quality, as provided in subsection (3) of this section, the applicant shall:

����� (a) Request and attend a preapplication conference described in subsections (4) to (6) of this section; and

����� (b) Hold a preapplication community meeting described in subsections (7) to (9) of this section.

����� (3) Subsection (2) of this section applies to an application to:

����� (a) Establish a disposal site for composting that sells, or offers for sale, resulting product; or

����� (b) Allow an existing disposal site for composting that sells, or offers for sale, resulting product to:

����� (A) Accept as feedstock nonvegetative materials, including dead animals, meat, dairy products and mixed food waste; or

����� (B) Increase the permitted annual tonnage of feedstock used by the disposal site by an amount that requires a new land use approval.

����� (4) During the preapplication conference:

����� (a) The applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

����� (b) The city with land use jurisdiction over the proposed disposal site for composting and the other representatives described in subsection (5) of this section shall inform the applicant of permitting requirements to establish and operate the proposed disposal site for composting and provide all application materials to the applicant.

����� (5) The applicant shall submit a written request to the city with land use jurisdiction to request a preapplication conference. A representative of the planning department of the city and a representative of the Department of Environmental Quality shall attend the conference along with representatives, as determined necessary by the city, of the following entities:

����� (a) Any other state agency or local government that has authority to approve or deny a permit, license or other certification required to establish or operate the proposed disposal site for composting.

����� (b) A state agency, a local government or a private entity that provides or would provide to the proposed disposal site for composting one or more of the following:

����� (A) Water systems.

����� (B) Wastewater collection and treatment systems, including storm drainage systems.

����� (C) Transportation systems or transit services.

����� (c) A city or county with territory within its boundaries that may be affected by the proposed disposal site for composting.

����� (d) The Department of Land Conservation and Development.

����� (e) The State Department of Agriculture.

����� (6) The city with land use jurisdiction may use preapplication procedures, if any, in the acknowledged land use regulations of the city, consistent with the requirements that the city shall:

����� (a) Provide notice of the preapplication conference to the entities described in subsection (5) of this section by mail and, as appropriate, in any other manner that ensures adequate notice and opportunity to participate;

����� (b) Hold the preapplication conference at least 20 days and not more than 40 days after receipt of the applicant�s written request; and

����� (c) Provide preapplication notes to each attendee of the conference and the other entities described in subsection (5) of this section for which a representative does not attend the preapplication conference.

����� (7) After the preapplication conference and before submitting the application for land use approval, the applicant shall:

����� (a) Hold a community meeting within 60 days after the preapplication conference:

����� (A) In a public location in the city with land use jurisdiction; and

����� (B) On a business day, or Saturday, that is not a holiday, with a start time between the hours of 6 p.m. and 8 p.m.

����� (b) Provide notice of the community meeting to:

����� (A) The owners of record, on the most recent property tax assessment roll, of real property located within one-half mile of the real property on which the proposed disposal site for composting would be located;

����� (B) The resident or occupant that receives mail at the mailing address of the real property described in subparagraph (A) of this paragraph if the mailing address of the owner of record is not the mailing address of the real property;

����� (C) Neighborhood and community organizations recognized by the governing body of the city if a boundary of the organization is within one-half mile of the proposed disposal site for composting;

����� (D) A newspaper that meets the requirements of ORS 193.020 for publication;

����� (E) Local media in a press release; and

����� (F) The entities described in subsection (5) of this section.

����� (8) During the community meeting, the applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

����� (9) The applicant�s notice provided under subsection (7)(b) of this section must include:

����� (a) A brief description of the proposed disposal site for composting;

����� (b) The address of the location of the community meeting; and

����� (c) The date and time of the community meeting. [2013 c.524 �2]

����� Note: 227.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

CHAPTERS 228 TO 235 [Reserved for expansion]

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 243.256

243.256 and 243.879, if applicable, or the payment methodology prescribed by the Oregon Health Authority under ORS 442.392.

����� (2) This section does not apply to type A or type B hospitals, as described in ORS 442.470, or rural critical access hospitals, as defined in ORS 442.470. [2011 c.418 �4; 2017 c.718 �11; 2017 c.746 �33]

����� Note: See note under 442.392.

����� 442.396 Attestation of compliance by insurers; rules. An insurer, as defined in ORS 731.106, that contracts with the Oregon Health Authority, including with the Public Employees� Benefit Board and the Oregon Educators Benefit Board, to provide health insurance coverage for state employees, educators or medical assistance recipients must annually attest, on a form and in a manner prescribed by the authority, to its compliance with ORS 243.256, 243.879, 442.392 and 442.394. A contract with an insurer subject to the requirements of this section may not be renewed without the attestation required by this section. [2011 c.418 �9]

����� Note: See note under 442.392.

(Temporary provisions relating to primary care payment reform collaborative)

����� Note: Sections 2 to 5, chapter 575, Oregon Laws 2015, provide:

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

����� (a) �Carrier� means an insurer that offers a health benefit plan, as defined in ORS 743B.005.

����� (b) �Coordinated care organization� has the meaning given that term in ORS 414.025.

����� (c) �Primary care� means family medicine, general internal medicine, naturopathic medicine, obstetrics and gynecology, pediatrics or general psychiatry.

����� (d) �Primary care provider� includes:

����� (A) A physician, naturopath, nurse practitioner, physician associate or other health professional licensed or certified in this state, whose clinical practice is in the area of primary care.

����� (B) A health care team or clinic that has been certified by the Oregon Health Authority as a patient centered primary care home.

����� (2)(a) The Oregon Health Authority shall convene a primary care payment reform collaborative to advise and assist in the implementation of a Primary Care Transformation Initiative to:

����� (A) Use value-based payment methods that are not paid on a per claim basis to:

����� (i) Increase the investment in primary care;

����� (ii) Align primary care reimbursement by all purchasers of care; and

����� (iii) Continue to improve reimbursement methods, including by investing in the social determinants of health;

����� (B) Increase investment in primary care without increasing costs to consumers or increasing the total cost of health care;

����� (C) Provide technical assistance to clinics and payers in implementing the initiative;

����� (D) Aggregate the data from and align the metrics used in the initiative with the work of the Health Plan Quality Metrics Committee established in ORS 413.017;

����� (E) Facilitate the integration of primary care behavioral and physical health care; and

����� (F) Ensure that the goals of the initiative are met by December 31, 2027.

����� (b) The collaborative is a governing body, as defined in ORS 192.610.

����� (3) The authority shall invite representatives from all of the following to participate in the primary care payment reform collaborative:

����� (a) Primary care providers;

����� (b) Health care consumers;

����� (c) Experts in primary care contracting and reimbursement;

����� (d) Independent practice associations;

����� (e) Behavioral health treatment providers;

����� (f) Third party administrators;

����� (g) Employers that offer self-insured health benefit plans;

����� (h) The Department of Consumer and Business Services;

����� (i) Carriers;

����� (j) A statewide organization for mental health professionals who provide primary care;

����� (k) A statewide organization representing federally qualified health centers;

����� (L) A statewide organization representing hospitals and health systems;

����� (m) A statewide professional association for family physicians;

����� (n) A statewide professional association for physicians;

����� (o) A statewide professional association for nurses; and

����� (p) The Centers for Medicare and Medicaid Services.

����� (4) The primary care payment reform collaborative shall annually report to the Oregon Health Policy Board and to the Legislative Assembly on the achievement of the primary care spending targets in ORS 414.572 and 743.010 and the implementation of the Primary Care Transformation Initiative.

����� (5) A coordinated care organization shall report to the authority, no later than October 1 of each year, the proportion of the organization�s total medical costs that are allocated to primary care.

����� (6) The authority, in collaboration with the Department of Consumer and Business Services, shall adopt rules prescribing the primary care services for which costs must be reported under subsection (5) of this section. [2015 c.575 �2; 2017 c.384 �1; 2017 c.489 �13; 2024 c.73 �171]

����� Sec. 3. No later than February 1 of each year, the Oregon Health Authority and the Department of Consumer and Business Services shall report to the Legislative Assembly, in the manner provided in ORS 192.245:

����� (1) The percentage of the medical expenses of carriers, coordinated care organizations, the Public Employees� Benefit Board and the Oregon Educators Benefit Board that is allocated to primary care; and

����� (2) How carriers, coordinated care organizations, the Public Employees� Benefit Board and the Oregon Educators Benefit Board pay for primary care. [2015 c.575 �3; 2016 c.26 �7]

����� Sec. 4. (1) The Legislative Assembly declares that collaboration among insurers, purchasers and providers of health care to coordinate service delivery systems and develop innovative reimbursement methods in support of integrated and coordinated health care delivery is in the best interest of the public. The Legislative Assembly therefore declares its intent to exempt from state antitrust laws, and to provide immunity from federal antitrust laws through the state action doctrine, the activities specified in section 2 (2) of this 2015 Act, of the participants in the primary care payment reform collaborative, that might otherwise be constrained by such laws.

����� (2) The Director of the Oregon Health Authority or the director�s designee shall engage in state supervision of the primary care payment reform collaborative to ensure that the activities and discussions of the participants in the collaborative are limited to the activities described in section 2 (2) of this 2015 Act.

����� (3) Groups that include, but are not limited to, health insurance companies, health care centers, hospitals, health service organizations, employers, health care providers, health care facilities, state and local governmental entities and consumers may meet to facilitate the development, implementation and operation of the Primary Care Transformation Initiative in accordance with section 2 of this 2015 Act.

����� (4) The Oregon Health Authority may conduct a survey of the entities and individuals specified in subsection (3) of this section to assist in the evaluation of the Primary Care Transformation Initiative.

����� (5) A survey or meeting under subsection (3) or (4) of this section is not a violation of state antitrust laws and shall be considered state action for purposes of federal antitrust laws through the state action doctrine. [2015 c.575 �4]

����� Sec. 5. (1) Sections 1 to 4, chapter 575, Oregon Laws 2015, are repealed on December 31, 2027.

����� (2) Section 3, chapter 489, Oregon Laws 2017, is repealed on December 31, 2027.

����� (3) The amendments to section 8 of this 2022 Act [743B.221] by section 14 of this 2022 Act become operative on December 31, 2027. [2015 c.575 �5; 2016 c.26 �8; 2017 c.489 �19; 2022 c.37 �15]

(Cost Reporting by Health Care Facilities)

����� 442.400 �Health care facility� defined. As used in ORS 442.400 to 442.463, unless the context requires otherwise, �health care facility� or �facility� means such facility as defined by ORS 442.015, exclusive of a long term care facility, and includes all publicly and privately owned and operated health care facilities, but does not include facilities described in ORS 441.065. [Formerly 441.415; 1979 c.697 �8; 1981 c.693 �15]

����� 442.405 Legislative findings and policy. The Legislative Assembly finds that rising costs and charges of health care facilities are a matter of vital concern to the people of this state. The Legislative Assembly finds and declares that it is the policy of this state:

����� (1) To require health care facilities to file for public disclosure reports that will enable both private and public purchasers of services from such facilities to make informed decisions in purchasing such services; and

����� (2) To encourage development of programs of research and innovation in the methods of delivery of institutional health care services of high quality with costs and charges reasonably related to the nature and quality of the services rendered. [Formerly

ORS 249.877

249.877���� Statement of justification by public officer

GENERAL PROVISIONS

����� 249.002 Definitions. As used in this chapter:

����� (1) �Candidate� means an individual whose name is or is expected to be printed on the official ballot or a write-in candidate.

����� (2) �County clerk� means the county clerk or the county official in charge of elections.

����� (3) �Elector� means an individual qualified to vote under Article II, section 2, Oregon Constitution.

����� (4) �Judge� means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court.

����� (5) �Member� means an individual who is registered as being affiliated with the political party.

����� (6) �Minor political party� means a political party that has qualified as a minor political party under ORS 248.008.

����� (7) �Nonpartisan office� means the office of judge, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, county judge who exercises judicial functions, sheriff, district attorney or any office designated nonpartisan by a home rule charter.

����� (8) �Prospective petition� means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.

����� (9) �Public office� means any national, state, county, city or district office or position, except a political party office, filled by the electors.

����� (10) �State office� means Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, judge, state Senator, state Representative or district attorney. [1979 c.190 �94; 1983 c.350 �64; 1985 c.324 �1; 1987 c.707 �6; 1993 c.493 �5; 1995 c.92 �1; 1995 c.107 �1; 1995 c.607 �76; 2001 c.430 �1; 2009 c.491 �6; 2010 c.18 �2; 2011 c.731 �10; 2017 c.749 �51; 2023 c.600 �10]

����� 249.004 Verification of documents. (1) A filing officer may verify the validity of the contents of the documents filed with the officer under this chapter.

����� (2) When a copy of any election document filed under this chapter is presented to the filing officer with whom the original document was filed and a request is made to have the copy compared and certified, the filing officer shall compare the copy with the original and, if necessary, correct the copy and certify and deliver it to the person who presented it. [Formerly 249.014]

����� 249.005 Acceptance of petition or minutes without original signatures. (1) Notwithstanding ORS 249.008 and 249.875, a petition or minutes for which original signatures are otherwise required may be accepted by the county clerk or the Secretary of State for signature verification, or by another filing officer in the case of a recall petition, with photographic copies of one or more signature sheets if:

����� (a) The signature sheets containing the original signatures were stolen or destroyed by fire, a natural disaster or other act of God; and

����� (b) The photographic copy of each original signature sheet contains the number of the original signature sheet prescribed by the Secretary of State under ORS

ORS 250.127

250.127 except that:

����� (a) The financial estimate committee created under ORS 250.125 shall prepare and file with the Secretary of State an estimate or statement not later than two days following the decision of the court;

����� (b) A hearing shall be held within two days after the estimate or statement is filed; and

����� (c) An estimate or statement shall be certified not later than seven days after the decision of the court. The procedures under which the second estimate or statement is filed and certified may not be appealed. [1991 c.971 �4; 2005 c.633 �3]

����� 250.135 Retention of petition materials. The Secretary of State shall retain the signature sheets of a filed initiative or referendum petition with a copy of the state measure. If the measure is approved by the people, the signature sheets and copy of the measure shall be bound with a certified copy of the Governor�s proclamation declaring the measure approved. A copy of the measure and the Governor�s proclamation shall be preserved as a permanent public record. The signature sheets shall be preserved for six years. [1979 c.190 �152]

����� 250.137 Citizens� Initiative Review Commission; members; term of office; rules. (1) The Citizens� Initiative Review Commission is established as a semi-independent state agency subject to ORS 182.456 to 182.472. The commission shall consist of 11 members. The members shall be appointed in the following manner:

����� (a) The Governor shall appoint three members who have at some time been selected by the four appointed members of an explanatory statement committee under ORS 251.205 (5) to prepare an explanatory statement, as follows:

����� (A) One member recommended by the leadership of the Democratic party in the Senate and one member recommended by the leadership of the Republican party in the Senate.

����� (B) Except as provided in subparagraph (C) of this paragraph, one member recommended by the leadership of the political party with the largest representation in the Senate that is not the same party as the Governor.

����� (C) If more than two political parties are represented in the Senate, one member recommended by the leadership of a third political party with the largest representation in the Senate.

����� (b) Two former moderators shall be appointed as members as described in ORS 250.143.

����� (c) Six electors who have served on a citizen panel shall be appointed as members as described in ORS 250.143.

����� (2) The term of office of a member of the commission is four years, with the terms of no more than six members expiring every two years. Vacancies shall be filled by the Governor for the unexpired term, consistent with subsection (1) of this section.

����� (3) The commission shall:

����� (a) Ensure that the citizen panels are convened to review initiated measures in a fair and impartial manner.

����� (b) Adopt rules necessary to carry out the commission�s duties under ORS 250.137 to 250.149. [2011 c.365 �2; 2013 c.722 �12; 2014 c.72 �1]

����� 250.139 Citizen panels; composition; compensation; selection and review of certain state measures; moderators; rules. (1) The Citizens� Initiative Review Commission shall select one or more state measures proposed by initiative petition to be voted on at a general election and convene a separate citizen panel to review each selected measure.

����� (2) In selecting a measure to be reviewed by a citizen panel, the commission shall consider the following criteria:

����� (a) The fiscal impact of a measure.

����� (b) Whether the measure amends the Oregon Constitution.

����� (c) The availability of funds to conduct reviews.

����� (d) Any other criteria established by the commission by rule.

����� (3) Each citizen panel shall evaluate and write statements for the measure considered by the panel.

����� (4)(a) The commission shall select citizens for each panel from a representative sample of anonymous electors, using survey sampling methods that, to the extent practicable, give every elector a similar chance of being selected. Each citizen panel shall consist of not fewer than 18 and not more than 24 electors.

����� (b) The commission shall ensure, to the extent practicable and legally permissible, that the demographic makeup of each panel fairly reflects the population of the electorate of this state as a whole, with respect to the following characteristics, prioritized in the following order:

����� (A) The location of the elector�s residence.

����� (B) The elector�s party affiliation, if any.

����� (C) The elector�s voting history.

����� (D) The elector�s age.

����� (c) In addition to the criteria described in paragraph (b) of this subsection, the commission may also consider:

����� (A) The elector�s gender.

����� (B) The elector�s ethnicity.

����� (C) Any other criteria.

����� (5) The commission shall, from moneys in the account established under ORS 182.470:

����� (a) Compensate each elector for each day served on a panel in an amount established by the commission by rule;

����� (b) Reimburse each elector who serves on a panel for travel expenses in accordance with reimbursement policies determined by the commission by rule;

����� (c) Provide for costs required to convene and conduct a citizen panel; and

����� (d) Transfer to the Secretary of State all moneys necessary to pay the costs of printing any statements described in ORS 250.141 in the voters� pamphlet.

����� (6)(a) Each panel shall meet to review the measure on not fewer than three and not more than five consecutive days for a total of not less than 24 hours unless otherwise provided by commission rule.

����� (b) Each panel shall conduct public hearings at which the panel shall receive testimony or other information from both proponents and opponents of the measure. Unless otherwise determined by a majority of the panelists, equal time shall be allotted to proponents and opponents of a measure.

����� (c) The chief petitioners of the measure shall designate two persons to provide information in favor of the measure to the citizen panel. If the chief petitioners fail to timely designate two persons to appear before the panel, the commission may designate two persons who support the measure to provide information in favor of the measure.

����� (d) The commission shall designate two persons who oppose the measure to provide information in opposition to the measure.

����� (e) The commission, by rule, may specify additional criteria regarding the public hearings.

����� (7) The commission shall provide each panel with any complaints regarding the panel not later than the third day the panel convenes.

����� (8) The commission shall, by rule, establish qualifications for moderators for each citizen panel. A moderator must have experience in mediation and shall complete a training course established by the commission.

����� (9) The commission shall contract with two moderators for each panel and shall compensate each moderator for service. [2011 c.365 �5; 2013 c.722 �15; 2014 c.72 �2]

����� 250.140 [Amended by 1957 c.608 �127; repealed by 1979 c.190 �431]

����� 250.141 Citizen panel statements; preparation; inclusion in voters� pamphlet; rules. (1) Not later than the date set by the Secretary of State by rule, each citizen panel shall prepare and file with the secretary any of the following statements of not more than 250 words each:

����� (a) A statement in favor of the measure.

����� (b) A statement opposed to the measure.

����� (c) A statement that �No panelist took this position.� if a panel is unanimous in either supporting or opposing a measure.

����� (d) A statement of key findings that summarizes the citizen panel�s findings in an impartial manner and may include a tally of how many panelists agreed with the key findings.

����� (e) A statement of additional policy considerations that describes the subject matter of or any fiscal considerations related to the measure. A statement submitted under this paragraph must be supported by at least three-quarters of the panelists.

����� (2)(a) Before a statement is filed with the Secretary of State under subsection (1) of this section:

����� (A) A person designated under ORS 250.139 (6)(c) shall be allowed to review the statement in favor of the measure by the citizen panel and provide feedback to the panel regarding the statement.

����� (B) A person designated under ORS 250.139 (6)(d) shall be allowed to review the statement opposed to the measure by the citizen panel and provide feedback to the panel regarding the statement.

����� (C) A person designated under ORS 250.139 (6)(c) or (d) shall be allowed to review the statement of key findings by the citizen panel and provide feedback to the panel regarding the statement.

����� (b) A citizen panel may adjust any statement after receiving feedback as described in this subsection.

����� (3) The secretary shall prescribe the size and manner of placement of the statements submitted by a citizen panel to be printed in the voters� pamphlet, except that the statements shall be clearly differentiated from other arguments or statements in the voters� pamphlet and may include, but are not limited to, the use of unique formatting and informative symbols.

����� (4) The secretary shall provide with any citizen panel statement a description of not more than 150 words of the citizen panel process described in ORS 250.137 to 250.149 and the following explanation:

����� The opinions expressed in this statement are those of the members of a citizen panel and were developed through the citizen review process. They are NOT official opinions or positions endorsed by the State of Oregon or any government agency. A citizen panel is not a judge of the constitutionality or legality of any ballot measure, and any statements about such matters are not binding on a court of law.

����� (5) A statement described in subsection (1) of this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.

����� (6) The secretary, by rule, shall set a date by which statements must be filed under this section. The date may not be sooner than the 70th day before the date of the election. [2011 c.365 �7; 2017 c.749 �23]

����� 250.143 Evaluation of citizen panel procedures; findings and recommendations; appointment of certain commission members. (1) Not later than February 1 of an odd-numbered year, each person who served as a moderator for a citizen panel that evaluated a measure voted on at the most recent general election shall:

����� (a) Convene to evaluate procedures related to the citizen panels and submit a written report to the Citizens� Initiative Review Commission summarizing the evaluation, along with any recommendations; and

����� (b) Appoint two moderators from among the moderators convened for the evaluation to be members of the commission.

����� (2) Not later than February 1 of an odd-numbered year, two electors from each citizen panel shall:

����� (a) Convene to evaluate procedures related to the citizen panels and submit a written report to the commission summarizing the evaluation, along with any recommendations; and

����� (b) Appoint two electors from among the former panelists convened for the evaluation to be members of the commission.

����� (3) Each year in which an evaluation is conducted by moderators and panelists under this section, the commission shall review the evaluations and make any findings and recommendations. The commission shall make all evaluations, findings and recommendations made under this section available to the public. [2011 c.365 �6]

����� 250.145 [1953 c.58 �1; 1955 c.52 �1; 1969 c.104 �1; repealed by 1979 c.190 �431]

����� 250.146 [2011 c.365 �8; repealed by 2013 c.722 �13]

����� 250.147 Contributions to Citizens� Initiative Review Commission; prohibitions; disclosure. (1) Except as otherwise provided in this section, the Citizens� Initiative Review Commission may accept contributions of moneys and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions placed on the moneys not inconsistent with the duties of the commission. All moneys received by the commission under this subsection shall be deposited into the account established under ORS 182.470.

����� (2) The commission may not receive contributions of moneys or assistance from:

����� (a) A political committee, as defined in ORS 260.005;

����� (b) For-profit corporate treasuries;

����� (c) Union treasuries; or

����� (d) Any other source the commission determines might be used to transfer moneys from a political committee, for-profit corporate treasury or union treasury to the commission.

����� (3) If a person contributes to the commission an aggregate total of more than $100 in a calendar year, not later than 14 calendar days after the commission receives the contribution, the commission shall make available to the public on the Internet:

����� (a) The name and address of the person or entity who made the contribution; and

����� (b) The amount of the contribution.

����� (4) The commission may enter into contracts and hire any staff the commission deems necessary.

����� (5) The commission may appoint an executive director to serve at the pleasure of the commission. [2011 c.365 �4; 2013 c.722 �16]

����� 250.149 Determination of sufficient funds for commission and citizen panels. (1) Not later than the date that is four months before the date of the general election in an even-numbered year, the Citizens� Initiative Review Commission shall determine whether moneys in sufficient amount are available in the account established under ORS 182.470 to carry out all the duties, functions and powers of the commission, implement ORS 250.139 to 250.143 and pay for any statements to be printed in the voters� pamphlet under ORS 251.185.

����� (2)(a) If the commission determines that the account has sufficient moneys under subsection (1) of this section, the commission shall carry out all the duties, functions and powers of the commission, implement ORS 250.139 to 250.143 and may submit statements to be printed in the voters� pamphlet under ORS 251.185.

����� (b) If the commission determines that the account has insufficient moneys under subsection (1) of this section, for the general election in that even-numbered year, the commission may not carry out all the duties, functions and powers of the commission, implement ORS 250.139 to 250.143 or submit statements to be printed in the voters� pamphlet under ORS 251.185. [2011 c.365 �9; 2013 c.722 �17]

����� 250.150 [Amended by 1957 c.608 �128; 1961 c.74 �2; 1967 c.340 �2; 1979 c.190 �245; renumbered 254.215]

COUNTY MEASURES

����� 250.155 Application of ORS 250.165 to 250.235. (1) ORS 250.165 to 250.235 carry out the provisions of section 10, Article VI, Oregon Constitution, and shall apply to the exercise of initiative or referendum powers regarding a county measure, unless the county charter or ordinance provides otherwise.

����� (2) ORS 250.165 to 250.235 apply to the exercise of initiative or referendum powers regarding a county measure in a county that has not adopted a charter under section 10, Article VI, Oregon Constitution. [1979 c.190 �153]

����� 250.160 [Repealed by 1957 c.608 �231]

����� 250.161 [1957 c.608 �131; 1979 c.190 �240; renumbered 254.165]

����� 250.165 Prospective petition; cover and signature sheet requirements; circulation; filing deadline. (1) Before circulating a petition to initiate or refer a county measure, the petitioner shall file with the county clerk a prospective petition. The county clerk immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The clerk shall retain the prospective petition.

����� (2) The cover of an initiative or referendum petition shall designate the name and city and state of residence of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS

ORS 250.265

250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the city charter or an ordinance adopted under the city charter.

����� (5) An election under this section shall be held on a date specified in ORS 221.230. The election shall be conducted under ORS chapters 246 to 260. [1983 c.350 �251 (enacted in lieu of 381.610)]

����� 381.615 Majority vote required. The council may issue and sell bonds for the purpose mentioned in ORS 381.605 only upon the approval of a majority of those voting on the question. [Amended by 1983 c.350 �252]

����� 381.620 [Repealed by 1983 c.350 �331a]

����� 381.625 [Repealed by 1983 c.350 �331a]

����� 381.630 [Repealed by 1983 c.350 �331a]

����� 381.635 Duties and powers of council. If the electors of the city approve the issuance of bonds, the council shall arrange to issue and sell the bonds. The council may arrange and provide the form, terms and sale of the bonds, consistent with ORS 381.605 to 381.670. [Amended by 1983 c.350 �253]

����� 381.640 Terms and conditions of bonds. (1) The bonds mentioned in ORS 381.605 shall:

����� (a) Be in denominations of $100 or more, but not exceeding $1,000.

����� (b) Run not to exceed 30 years from the end of the respective issues thereof.

����� (c) Bear interest at a rate not to exceed six percent per year, payable on January 1 and July 1.

����� (d) Have interest coupons attached to them, one coupon for each interest payment that will be made.

����� (2) The bonds and interest coupons shall:

����� (a) Be lithographed or printed on good bond paper.

����� (b) Be made payable to bearer, in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts within the United States.

����� (c) Be paid by the city treasurer upon presentation at the office of the city treasurer or at the fiscal agency of the state in New York City, upon the date of payment named thereon.

����� (d) Be signed by the mayor and city recorder. The interest coupons shall bear the printed facsimile signatures of the mayor and city recorder.

����� (e) Be sealed with the seal of the council.

����� (f) Bear the certificate of the city treasurer, over the signature of the city treasurer, that they have been registered in the office of the city treasurer, naming the date of registry.

����� 381.645 Registering bonds. The city treasurer shall keep a register of all the bonds issued or sold under ORS 381.605 to 381.670, noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the city treasurer serve to keep an accurate record of the bonds so issued and sold.

����� 381.650 Bond advertisement and sale. (1) The bonds shall be advertised and sold to the highest bidder for cash.

����� (2) The council shall advertise in one newspaper, if there is one, in the county in which the municipality is located, in one leading newspaper in Portland, Oregon, and in one leading financial newspaper in New York City for two weeks before any sale of bonds, the fact of the sale, inviting bids for the bonds and stating such facts as will interest prospective purchasers. For example, the date and place of sale, the terms of sale, the character of the bonds, the amount of interest and denomination of the bonds, the fact that all bids must be accompanied by a certified check for five percent of the amount of the payment, that any and all bids may be rejected, that the bonds may be sold for cash only and to the highest bidder and such other facts as may in the judgment of the council procure the most advantageous sale of the bonds may be stated.

����� (3) All bids to purchase bonds must be sealed and accompanied by a certified check for five percent of the amount of the bid. The council may reject any and all bids.

����� 381.655 Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 381.605 to 381.670 shall be paid into the city treasury and shall go into a special bridge fund. Such proceeds shall be disbursed for the purposes for which the bonds are issued.

����� 381.660 Use of tolls to pay bonded indebtedness and bridge maintenance. (1) Tolls shall be fixed, charged and collected for passage over the bridge mentioned in ORS 381.605, and shall be so fixed and adjusted as to provide a fund sufficient to pay the principal and interest of the bonds issued for such bridge and an additional fund to pay the cost of maintaining, repairing and operating such bridge.

����� (2) The tolls, except such part thereof as may be necessary to pay the cost of maintaining, repairing and operating the bridge, shall be placed in a special fund, which is pledged to and charged with the payment of the bonds and the interest thereon.

����� 381.665 Tax for bridge expense not paid by tolls. Should the tolls and revenues procured for the use of the bridge be insufficient to pay the cost of maintaining, repairing and operating the bridge and the interest and principal upon bonded indebtedness as it accrues, the city council may each year levy and collect taxes upon all property, real and personal, situated within the boundaries of the municipality and which is by law taxable for state and other purposes, sufficient to provide for such deficit, subject, however, to charter provisions and the provisions of the Oregon Constitution with respect to debt limitations.

����� 381.670 Plans for bridge construction; bids; awarding contract. (1) The council shall cause to be prepared surveys, plans, specifications and estimates for the materials to be used and the manner and method of construction of any bridge constructed under ORS 381.605 to 381.670.

����� (2) The council shall invite bids for the construction of any such bridge in conformity with the plans and specifications.

����� (3) The council shall award the contract to the lowest and best responsible bidder, but any and all bids may be rejected if it appears to the best interests of the general public. [Amended by 1971 c.659 �5]

INTERSTATE BRIDGES CROSSING COLUMBIA RIVER UNDER JURISDICTION OF BISTATE COMMISSION

����� 381.700 Findings. The Legislative Assembly finds and declares that:

����� (1) Interstate toll bridges owned by local governments provide critical links for the transport of workers, services, tourism and emergency response between the State of Oregon and the State of Washington, and for Oregon businesses to transport local agricultural products, forest products, rock, gravel and manufactured products within the region and to national markets.

����� (2) Existing interstate toll bridges owned by local governments are becoming functionally obsolete, weight-restricted, seismically deficient and hazardous for marine freight, and need to be replaced.

����� (3) Replacement of aging interstate toll bridges by local governments is extremely challenging, and the local governments that own or are served by the bridges require additional means to address the problem. For some bistate regions, the successful replacement and subsequent operation of interstate toll bridges is best accomplished by an independent bistate governmental authority, chartered by local governments, with sufficient powers to efficiently and equitably develop, operate, maintain, toll and finance a replacement bridge. [2022 c.7 �1]

����� 381.702 Definitions. As used in ORS 381.702 to 381.755, unless the context requires otherwise:

����� (1) �Board� means the board of directors of a commission.

����� (2) �Bridge� means an interstate toll bridge, including any approaches, that replaces an existing bridge crossing the Columbia River between the State of Oregon and the State of Washington.

����� (3) �Bridge finance plan� means a plan adopted by a board to finance the design, construction, operation, maintenance, administration and governance of a bridge replacement project.

����� (4) �Bridge replacement project� means a project undertaken by a commission to replace an existing bridge, including but not limited to any approaches, buildings, structures, facilities, equipment, improvements, tolling systems and software and appurtenances necessary or incidental to the new bridge.

����� (5) �Commission� means a public corporation formed under ORS 381.705 with the powers described in ORS 381.712.

����� (6) �Commission formation agreement� means a bistate agreement among local governments to form a commission.

����� (7) �Construction� or �construct� means activities, materials and services necessary or incidental to the design and construction of a bridge replacement project, including but not limited to engineering, permitting, property acquisition, procurement, installation of equipment, site work, utility relocation, inspection, start-up, landscaping, hard construction, environmental mitigation, demolition and removal of an existing bridge and associated accounting, legal, administrative, project management and governance activities.

����� (8) �Debt instrument� means a contractual undertaking, financing agreement or other instrument entered into or issued by a commission to evidence an obligation to repay or guaranty repayment of borrowed moneys, including but not limited to bonds, refunding bonds, notes, loans, interim financing, anticipation notes, certificates, credit enhancement devices or other debt obligations.

����� (9) �Departments of transportation� means the Oregon Department of Transportation and the Washington State Department of Transportation.

����� (10) �Director� means a duly appointed member of the board or, when acting in the absence of a director, a duly appointed alternate member of the board.

����� (11) �Existing bridge� means an existing interstate toll bridge crossing the Columbia River between the State of Oregon and the State of Washington.

����� (12) �Local government� has the meaning given that term in ORS 174.116 and includes local governments in the State of Washington.

����� (13) �Operate,� �operation� or �operations� means the activities necessary or incidental to the operation, tolling, maintenance, repair, rehabilitation, renewal or replacement of a bridge, and the associated financial, legal, administrative, management and governance activities.

����� (14) �Other charges� means administrative and other fees, civil penalties and other amounts established by the commission for use of a bridge.

����� (15) �Primary place of business� means the state and county within which the principal headquarters office of a commission is established in a commission formation agreement, notwithstanding a subsequent relocation of the principal headquarters office of the commission.

����� (16) �Public corporation� means a corporation created under ORS 381.705 to perform essential governmental functions for the public purposes described in ORS 381.705 that, when issuing bonds or other debt instruments, acts on behalf of the local governments as a constituted authority, within the meaning of regulations adopted by the United States Department of the Treasury and rulings of the Internal Revenue Service under section 103 of the Internal Revenue Code.

����� (17) �State� means the State of Oregon or the State of Washington. [2022 c.7 �2]

����� 381.705 Creation and purposes. (1) Upon enactment by the State of Washington of legislation having the same material effect as ORS 381.702 to 381.755, local governments may enter into a commission formation agreement to form and charter a commission under this section. The commission is a public corporation formed under the laws of the State of Oregon and the State of Washington, vested with the powers and duties granted by ORS 381.702 to 381.755. The commission shall perform an essential governmental function and exercise the commission�s powers for the public purposes described in this section.

����� (2) Local governments by resolution may enter into a commission formation agreement, consistent with the requirements of ORS 381.702 to 381.755, to charter and form a commission. A commission formation agreement at a minimum must be approved and executed by the owner of an existing bridge and by the governing bodies of the counties within which an existing bridge is situated. A commission formation agreement may be adopted by local governments in phases, provided that all required elements of a commission formation agreement be adopted before a board may authorize the issuance of toll revenue bonds. A commission formation agreement must specify:

����� (a) A name for the commission;

����� (b) The date on which the powers granted to the commission by ORS 381.702 to 381.755 become effective;

����� (c) The primary place of business for the purpose of establishing the applicable laws described in ORS 381.745;

����� (d) The composition and appointment process for members of the board as described in ORS 381.710 (1) and (2);

����� (e) The terms of office and any rules, responsibilities and requirements that apply to the offices of chair and cochair as described in ORS 381.710 (4);

����� (f) The requirements for formal actions of the board as described in ORS 381.710 (5); and

����� (g) Any other provisions adopted by a local government, provided that the provisions comply with the applicable laws under ORS 381.745 and do not impair or adversely affect the powers of the commission under ORS 381.702 to 381.755.

����� (3) A commission formation agreement may allow for a board to amend the provisions of the commission formation agreement pursuant to subsection (2)(d) to (g) of this section and ORS 381.710 (5), and may establish conditions for an amendment.

����� (4) The purposes of a commission are to:

����� (a) Design, engineer, develop, finance, refinance, install, equip and construct a bridge to replace and remove an existing bridge;

����� (b) Act as a cooperative bistate governance structure to develop, own or control, fix and adjust tolls and regulate the use of a bridge;

����� (c) Oversee the efficient operation, maintenance, administration, rehabilitation and renewal of a bridge; and

����� (d) Perform other duties and exercise other powers as may be conferred upon the commission by law. [2022 c.7 �3]

����� 381.710 Governance; rules. (1) A commission shall be governed by a board of directors. A commission formation agreement must specify the number of voting directors and nonvoting directors, if any, appointed by local governments from each state and by governmental entities that are not local governments, if any, and shall establish procedures for the nomination and appointment of the directors, which may differ by state.

����� (2) Each nominating authority shall nominate and each appointing authority shall appoint an alternate director for each director it nominates or appoints. The alternate director may act only in the absence of the director for whom the alternate is appointed.

����� (3) Directors shall serve without compensation, but may be reimbursed for reasonable expenses incurred as an incident to the performance of their duties. Directors shall serve at the pleasure of the appointing authority and may be removed or suspended from office by the appointing authority with or without cause. The commission formation agreement must specify the initial term of office of each director to ensure that subsequent appointments by appointing authorities from each state are reasonably and similarly staggered. Except for the initial appointment of directors, the term of office of a director shall be four years.

����� (4) The board shall elect two cochairs from among the directors of the board. One cochair must reside in the State of Oregon and the other cochair must reside in the State of Washington. The cochairs shall serve as first cochair and second cochair, with the first cochair responsible for presiding at the commission meetings. The board shall specify which cochair will serve in which position within one year from the date of formation of the commission, after which time the two positions must alternate on an annual basis. The commission formation agreement must establish the terms of office of the cochairs and may establish other requirements for the office of cochair as requested by the local governments.

����� (5) Formal actions of the board must be taken by ordinance or resolution duly approved at any regular or special meeting of the board. An action of the board is not effective unless there is a quorum present and a majority of the directors present assent to the action. A commission formation agreement must establish the requirements for a quorum and may establish other requirements for formal actions of the board as requested by the local governments.

����� (6) Unless otherwise provided in an ordinance or resolution adopted by a board, a board has the exclusive right to exercise the powers granted by ORS 381.702 to

ORS 251.065

251.065, pay a fee of $3,500 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors of the state.

����� (b) Each candidate for nomination or election to the office of United States Senator or any state office to be voted for in the state at large shall, at the time materials are filed under ORS 251.065, pay a fee of $3,000 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors of the state.

����� (c) Each candidate for nomination or election to the office of Representative in Congress shall, at the time materials are filed under ORS 251.065, pay a fee of $2,500 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 300 active electors of the candidate�s electoral district.

����� (d) Each candidate for nomination or election to the office of state Senator or state Representative shall, at the time materials are filed under ORS 251.065, pay a fee of $750 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 200 active electors of the candidate�s electoral district.

����� (e) Each candidate for nomination or election to any other office shall, at the time materials are filed under ORS 251.065, pay a fee of $600 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 200 active electors of the candidate�s electoral district.

����� (2)(a) The signatures on a petition submitted under subsection (1) of this section shall be verified by the county clerk or the Secretary of State.

����� (b) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under subsection (1) of this section contains the required number of signatures of active electors.

����� (3) The space allotted to each candidate shall be used for materials filed under ORS 251.065, including the portrait and statement of reasons the candidate should be nominated or elected and the information required under ORS 251.085. The length of the statement may not exceed 325 words. All candidates shall be allowed the same amount of space. The Secretary of State by rule shall prescribe the size of the space allotted to each candidate, except that the space may not be smaller than 30 square inches. [Formerly 255.051; 1981 c.375 �2; 1983 c.567 �14; 1985 c.808 �30b; 1987 c.707 �12; 1999 c.318 �12; 2009 c.817 �1; 2011 c.482 �1; 2013 c.518 �2]

����� 251.110 [Repealed by 1957 c.217 �9]

����� 251.115 Statement of statewide and less than statewide political party or assembly; fee or petition; size of statement; verification of signatures; electronic filing; rules. (1) Not sooner than the 120th day and not later than the 70th day before the general election, the party officers as designated in the organizational documents of any statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a statement of arguments for the success of its principles and election of its candidates on a statewide basis and opposing the principles and candidates of other political parties or organizations on a statewide basis.

����� (2) Not sooner than the 120th day and not later than the 70th day before the general election, the party officers as designated in the organizational documents of any less than statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a statement of arguments for the success of its principles and election of its candidates on a county basis and opposing the principles and candidates of other political parties or organizations on a county basis.

����� (3)(a) Any statewide political party or assembly of electors having nominated candidates shall pay a fee of $1,200 to the Secretary of State when the statement is filed or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors.

����� (b) Any less than statewide political party or assembly of electors having nominated candidates shall pay a fee of $600 to the Secretary of State when the statement is filed or may submit a petition in a form prescribed by the secretary containing the signatures of 300 active electors.

����� (c) The signatures on a petition submitted under this subsection shall be verified by the county clerk or the Secretary of State.

����� (d) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under this subsection contains the required number of signatures of active electors.

����� (4) A statement of arguments filed under this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.

����� (5) The Secretary of State by rule shall prescribe the size of the statements permitted under this section, except that any statewide political party or assembly of electors having nominated candidates shall be allotted more space than any less than statewide political party or assembly of electors having nominated candidates.

����� (6) For purposes of this section, an �active elector� is a person whose registration is considered active as described in ORS 247.013. [Formerly 255.211; 1987 c.707 �13; 1989 c.503 �10; 1993 c.797 �22; 1999 c.318 �13; 2009 c.817 �2; 2011 c.482 �2; 2011 c.646 �3; 2013 c.518 �3; 2017 c.749 �24]

����� 251.120 [Repealed by 1957 c.217 �9]

����� 251.125 Disclaimer; identification of portrait or statement. (1) In a section of the voters� pamphlet that provides general information, the Secretary of State shall include a disclaimer in boldfaced type in substantially the following form:

Information provided in statements or arguments submitted by a candidate, a political party, an assembly of electors or a person supporting or opposing a measure have not been verified for accuracy by the State of Oregon.

����� (2) At the bottom of each allotted space of the voters� pamphlet containing a portrait or statement filed by a candidate, political party or assembly of electors, the Secretary of State shall include a statement identifying the person who furnished the portrait or statement. [1979 c.190 �182; 2005 c.234 �1; 2013 c.518 �4]

����� 251.130 [Repealed by 1957 c.217 �9]

����� 251.135 Withdrawal of material; refund of filing fee. (1) Material filed for inclusion in the voters� pamphlet may be withdrawn on or before the deadline for filing material under ORS 251.065.

����� (2) A person who paid a fee for filing material for inclusion in a voters� pamphlet may receive a refund from the Secretary of State if the request for a refund is received by the secretary on or before the deadline for filing material under ORS 251.065. When a refund is made, the material for which the fee was paid may not be included in the voters� pamphlet. [1979 c.190 �183; 2013 c.518 �5]

����� 251.140 [Repealed by 1957 c.217 �9]

����� 251.145 Temporary exemption from public records law. Notwithstanding ORS 192.311 to 192.478 relating to public records, materials filed by a political party, assembly of electors or candidate for inclusion in a voters� pamphlet and arguments supporting or opposing a measure filed by any person for inclusion in a voters� pamphlet are exempt from public inspection until the fourth business day after the final date for filing the materials. [1979 c.190 �184; 1991 c.719 �48; 1993 c.493 �18]

����� 251.150 [Repealed by 1957 c.217 �9]

����� 251.155 Statements and arguments inadmissible in action to enjoin publication of pamphlet. Material submitted for inclusion in any voters� pamphlet shall not be admitted as evidence in any suit or action against the Secretary of State to restrain or enjoin the publication of the voters� pamphlet. [Formerly 255.018]

����� 251.160 [Repealed by 1957 c.217 �9]

����� 251.165 Preparing material for inclusion in state voters� pamphlet. (1) The Secretary of State shall prepare:

����� (a) A list of the names of candidates for nomination or election at the primary election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under ORS 251.067, or a list of names of candidates for election at the general election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under ORS 251.067, along with a designation of the offices for which the candidates are competing;

����� (b) All portraits and statements filed under ORS 251.065 and 251.115; and

����� (c) The information specified in ORS 251.185 relating to measures to be voted upon at the election for which the pamphlet is prepared.

����� (2) For a special election described in ORS 251.022, the Secretary of State shall prepare a list of the names of candidates for nomination or election to the offices of United States Senator or Representative in Congress along with all portraits and statements filed for the special election under ORS 251.065.

����� (3) The items specified in subsections (1) and (2) of this section shall be properly compiled, edited, prepared and indexed for printing by the Secretary of State before delivery to the printer. [Formerly 255.061; 1987 c.267 �28; 1987 c.707 �14; 1991 c.719 ��25,26; 1995 c.712 �38; 1999 c.318 �14; 1999 c.999 �41]

����� 251.167 Secretary of State to create list of most commonly spoken languages; public access and distribution; rules. (1) The Secretary of State shall create and make publicly available a list of:

����� (a) The five most commonly spoken languages in the state, other than English; and

����� (b) The 10 most commonly spoken languages in each county, other than English.

����� (2) The lists created under subsection (1) of this section must:

����� (a) Be based on the best available data, which may include the most recent American Community Survey from the United States Census Bureau, estimates from the Portland State University Population Research Center and any other necessary data sources;

����� (b) Include, when complying with subsection (1)(b) of this section, the estimated number of individuals in each county who speak each listed language; and

����� (c) Be updated at least once every five years.

����� (3) The Secretary of State shall:

����� (a) Ensure each state voters� pamphlet mailed to residents of a county is translated in the manner described in ORS 251.170 into:

����� (A) Each language listed by the Secretary of State under subsection (1)(a) of this section;

����� (B) Each language listed by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 300 or more individuals in any one county; and

����� (C) Each language that has previously been listed by the Secretary of State under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;

����� (b) Ensure each county voters� pamphlet mailed to residents of a county is translated in the manner described in ORS 251.170 into:

����� (A) Each language listed by the Secretary of State under subsection (1)(a) of this section;

����� (B) Each language listed for the county for that county voters� pamphlet by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 300 or more individuals in the county; and

����� (C) Each language that has previously been listed by the Secretary of State for the county for that county voters� pamphlet under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;

����� (c) Make each translation of the voters� pamphlet that is made under paragraph (a) or (b) of this subsection or subsection (4) of this section available on the website of the Secretary of State and of the county as applicable; and

����� (d) Prominently provide the website address for each translation in the manner set forth in ORS

ORS 254.660

254.660���� Conduct of special election; rules

GENERAL PROVISIONS

����� 254.005 Definitions. As used in this chapter:

����� (1) �Ballot� means any material on which votes may be cast for candidates or measures. In the case of a recall election, �ballot� includes material posted in a voting compartment or delivered to an elector by mail.

����� (2) �Chief elections officer� means the:

����� (a) Secretary of State, regarding a candidate for a state office or an office to be voted on in the state at large or in a congressional district, or a measure to be voted on in the state at large.

����� (b) County clerk, regarding a candidate for a county office, or a measure to be voted on in a county only.

����� (c) City clerk, auditor or recorder, regarding a candidate for a city office, or a measure to be voted on in a city only.

����� (3) �County clerk� means the county clerk or the county official in charge of elections.

����� (4) �Elector� means an individual qualified to vote under section 2, Article II, Oregon Constitution.

����� (5) �Major political party� means a political party that has qualified as a major political party under ORS 248.006.

����� (6) �Measure� includes any of the following submitted to the people for their approval or rejection at an election:

����� (a) A proposed law.

����� (b) An Act or part of an Act of the Legislative Assembly.

����� (c) A revision of or amendment to the Oregon Constitution.

����� (d) Local, special or municipal legislation.

����� (e) A proposition or question.

����� (7) �Minor political party� means a political party that has qualified as a minor political party under ORS 248.008.

����� (8) �Nonpartisan office� means the office of judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, county judge who exercises judicial functions, sheriff, district attorney or any office designated nonpartisan by a home rule charter.

����� (9) �Prospective petition� means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.

����� (10) �Regular district election� means the election held each year for the purpose of electing members of a district board as defined in ORS 255.005 (2).

����� (11) �Vote tally system� means one or more pieces of equipment necessary to examine and tally automatically the marked ballots.

����� (12) �Voting machine� means any device that will record every vote cast on candidates and measures and that will either internally or externally total all votes cast on that device. [1979 c.190 �224; 1983 c.392 �5; 1983 c.567 �15; 1985 c.324 �2; 1987 c.707 �16; 1993 c.493 �95; 1995 c.92 �5; 1995 c.107 �2; 1995 c.607 �79; 1999 c.410 �43; 2001 c.430 �2; 2005 c.731 �4; 2005 c.797 �67; 2007 c.154 �19; 2009 c.491 �7; 2010 c.18 �3; 2011 c.731 �13]

����� 254.007 [1999 c.410 �39; 2001 c.805 �4; repealed by 2007 c.154 �67]

����� 254.010 [Repealed by 1957 c.608 �231]

����� 254.015 [1973 c.283 �4; 1977 c.487 �1; repealed by 1979 c.190 �431]

����� 254.016 Elections conducted under this chapter. Any primary election, general election or special election held in this state shall be conducted under the provisions of this chapter, unless specifically provided otherwise in the statute laws of this state. [1979 c.190 �225; 1983 c.350 �69a; 1995 c.712 �51; 1999 c.999 �45]

����� 254.020 [Repealed by 1957 c.608 �231]

����� 254.025 Construction of statutes applicable to primary elections. (1) Statutes applicable to primary elections shall be construed as though the primary elections are separate elections for each major political party nominating candidates.

����� (2) The primary elections shall be conducted as nearly as possible according to the theory expressed in the preamble to chapter 1, Oregon Laws 1905. [1979 c.190 �226; 1987 c.267 �37; 1995 c.712 �53; 1999 c.999 �46]

����� 254.030 [Amended by 1957 c.608 �167; 1961 c.80 �1; 1969 c.42 �1; repealed by 1979 c.190 �431]

����� 254.035 Time and place of elections for city officers. (1) It is the intention of the Legislative Assembly to carry out the provisions of section 14a, Article II, Oregon Constitution.

����� (2) All elections for city officers shall be held at the same time and place as elections for state and county officers. Unless a city charter or ordinance provides otherwise, the ballots used for state and county elections, if the county clerk considers it practicable, shall be arranged to include city offices and measures. [Formerly 250.230; 2007 c.154 �20]

����� 254.040 [Amended by 1957 c.608 �168; 1959 c.177 �2; 1967 c.141 �1; 1969 c.42 �2; repealed by 1973 c.392 �1 (254.042 enacted in lieu of 254.040)]

����� 254.042 [1973 c.392 �2 (enacted in lieu of

ORS 264.340

264.340 shall not abrogate any contract to which the district is a party and which relates to the fire protection service performed under ORS 264.340, and the district shall be obligated and authorized to complete and enforce performance of all such contracts. [1961 c.669 �2; 1969 c.666 �25]

����� 264.350 Street lighting system; contracts for electricity; tax levy and service charges to maintain and purchase electric energy. (1) Any district, when authorized by the electors, may install, maintain and operate a system, or systems, of street, road and highway lights. Lights shall be maintained upon streets, roads, intersections or other places as, in the judgment of the board of commissioners, will furnish the best lighting service to the residents within the district.

����� (2) The district through its board of commissioners may contract with any supplier of electricity, private or public, to furnish the electric energy for such systems.

����� (3) The district, when authorized by the electors, may at any time thereafter levy a tax, not to exceed three-twentieths of one percent (0.0015) of real market value in any one year for the installation of the system and any extension thereof, and not to exceed one-twentieth of one percent (0.0005) of real market value in any one year for maintenance and purchase of electric energy. The tax limits provided by this subsection shall be computed as a percentage of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207.

����� (4) A district may require any person to pay the cost of installing the highway lighting system adjacent to the property of the person. The district shall have the further right to include the cost of installing the system as a part of an agreement with any person for extending a water main.

����� (5) If authorized by the electors, the cost of maintenance and purchase of energy may be charged to the water consumers on the basis of one share for each water connection, payable monthly with the bills for water charges. The district may, when authorized by the electors, change from either system of collection to the other. The funds received from the respective levies and charges to water users shall be used only for the purposes collected and no other funds of the district shall be so used.

����� (6) Elector approval required by this section means the approval of a majority voting at a special election called by the board for the purpose of submitting the matter to the electors. [Amended by 1955 c.163 �2; 1963 c.9 �9; 1969 c.666 �26; 1991 c.459 �361]

����� 264.352 Drainage work. Any district may perform drainage work for the purpose of reclaiming real property located within the district, protecting real or personal property located within the district from the effects of water, promoting sanitation, providing for the public health, convenience and welfare or providing services of public utility or benefit. The district may use all applicable powers granted to it by this chapter, including the rights and powers of eminent domain, in performing the drainage work authorized by this section. [1959 c.381 �2; 1969 c.666 �27]

����� 264.360 Cooperative agreements; bonding power. (1) Districts may enter into cooperative agreements with each other providing for the joint acquisition, construction, ownership, use or control of facilities for the collection, treatment, distribution or supply of water.

����� (2) Each district may issue and sell general obligation, revenue or refunding bonds, subject to the limitations and procedures contained or referred to in this chapter for the authorization, issuance or sale of such bonds, for the purpose of paying its share of the cost of the acquisition or construction of facilities provided for in cooperative agreements authorized by this section. [1963 c.146 �1; 1969 c.666 �28]

����� Note: 264.360 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 264 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

IMPROVEMENTS AND ASSESSMENTS

����� 264.362 Initiation of proceedings; survey and report of project. Whenever the district board considers it necessary, upon its own motion, or upon the petition of the owners of one-half of the property that benefits specially from the improvement, to make any improvement to be paid for in whole or in part by special assessment according to benefits, the board shall, by motion, cause a survey and written report for such project to be made and filed with the secretary. Unless the district board directs otherwise, the report shall contain:

����� (1) A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost thereof.

����� (2) Plans, specifications and estimates of the work to be done; however, where the proposed project is to be carried out in cooperation with any other governmental agency, the district board may adopt the plans, specifications and estimates of such agency.

����� (3) An estimate of the probable cost of the improvement, including any legal, administrative and engineering costs attributable thereto.

����� (4) An estimate of the unit cost of the improvement to the specially benefited properties.

����� (5) A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited.

����� (6) The description and assessed value of each lot, parcel of land or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof.

����� (7) A statement of outstanding assessments against property to be assessed. [1969 c.686 �2]

����� 264.364 Board action on report. After the report has been filed with the secretary, the district board may by motion approve the report, modify the report and approve it as modified, require additional or different information for the improvement, or it may abandon the improvement. [1969 c.686 �3]

����� 264.366 Declaration of intention; notice of improvement and hearing. After the district board approves the report as submitted or modified, the board shall, by resolution, declare its intention to make the improvement, provide the manner and method of carrying out the improvement and direct the secretary to give notice of the improvement. Such notice shall be given by two publications one week apart in a newspaper of general circulation within the district, and by mailing copies of the notice by registered or certified mail to the owners to be assessed for the costs of the improvement. The notice shall contain the following:

����� (1) That the report of the improvement is on file in the office of the secretary and is subject to public examination.

����� (2) That the district board will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than 10 days following the first publication of notice, at which objections and remonstrances to the improvement will be heard by the board; and that if prior to such hearing there shall be presented to the secretary valid, written remonstrances of the owners of two-thirds of the property or two-thirds of the front footage of the property to be specifically affected for the improvement, then the improvement will be abandoned for at least six months, unless the improvement is unanimously declared by the district board to be needed at once because of an emergency.

����� (3) A description of the property to be specially benefited by the improvement, the owners of the property and the estimate of the unit cost of the improvement to be paid for by special assessments to benefited properties. [1969 c.686 �4]

����� 264.368 Manner of doing work. The district board may provide in the improvement resolution that the construction work will be done in whole, or in part, by the district, by a contract or by any other governmental agency, or by any combination thereof. [1969 c.686 �5]

����� 264.370 Hearing; assessment ordinance. (1) At the time of the public hearing on the proposed improvement, if the written remonstrances represent less than the amount of property required to defeat the proposed improvement, if such an improvement is one that can be remonstrated against, then on the basis of such hearing of written remonstrances and oral objections, if any, the district board may, by motion, at the time of the hearing or within 60 days thereafter, order the improvement to be carried out in accordance with the resolution, or the district board may, on its own motion, abandon the improvement.

����� (2) After the public hearing on the proposed improvement and after the district board has moved to proceed with the improvement, it may pass an ordinance assessing the various lots, parcels of land or parts thereof, to be specially benefited with their apportioned share of the cost of the improvement; but the passage of an assessment ordinance may be delayed until the contract for the work is let, or until the improvement is completed and the total cost thereof is determined. [1969 c.686 ��6,7]

����� 264.372 Methods of assessment; alternative financing. The district board in adopting a method of assessment of the costs of the improvement may:

����� (1) Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived.

����� (2) Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefited.

����� (3) Authorize payment by the district of all, or any part, of the cost of any such improvement, when in the opinion of the board the topographical or physical conditions, or unusual or excessive public travel, or other character of the work involved warrants only a partial payment or no payment by the benefited property of the costs of the improvement. [1969 c.686 �8]

����� 264.374 Appeal from assessment. Any person feeling aggrieved by the assessments made under an assessment ordinance may, within 20 days after the passage of the ordinance levying the assessment by the district board, appeal to the circuit court for the county in which the district is located. The appeal and the requirements and formalities thereof shall be heard, governed and determined, and the judgment thereon rendered and enforced, in the manner provided for appeals from assessments in ORS 223.005 to 223.105 and 223.205 to 223.930. The result of the appeal shall be a final and conclusive determination of the matter of the assessment, except with respect to the district right of reassessment provided by ORS 264.390. [1969 c.686 �9]

����� 264.376 Notice of assessment. Within 10 days after the ordinance levying assessments is adopted, the secretary of the district shall send by registered or certified mail a notice of assessment to the owner of the assessed property, and shall publish notice of the assessment twice in a newspaper of general circulation in the district, the first publication of which shall be made not later than 10 days after the date of the assessment ordinance. The notice of assessment shall recite the date of the assessment ordinance and shall state that upon the failure of the owner of the property assessed to make application to pay the assessment in installments within 10 days from the date of the first publication of notice, or upon the failure of the owner to pay the assessment in full within 30 days after the date of the assessment ordinance, then interest will commence to run on the assessment and the property assessed will be subject to foreclosure. The notice shall also set forth a description of the property assessed, the name of the owner of the property and the amount of each assessment. [1969 c.686 �10]

����� 264.378 Assessment lien records; foreclosure proceedings. After passage of the assessment ordinance by the district board, the secretary shall enter in the docket of district liens a statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien upon the respective lots, parcels of land or portions thereof, which have been assessed for such improvement. All assessment liens of a district shall be superior and prior to all other liens or encumbrances on property in so far as the laws of the state permit. Interest shall be charged at such rate as the governing body of the district may provide on all unpaid assessments, together with an amount sufficient to pay a proportionate part of the cost of administering the bond assessment program and issuing the bonds authorized under ORS 264.250, including, but not limited to, legal, printing and consultant�s fees, such amount to be determined by the governing body, until paid on all amounts not paid within 30 days from the date of an assessment ordinance. After expiration of 30 days following the date of an assessment ordinance the district may proceed to foreclose or enforce collection of the assessment liens in the amount provided by the general law of the state. However, the district may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state to redeem the property. [1969 c.686 �11; 1981 c.322 �7]

����� 264.380 Errors in assessment calculations. Claimed errors in the calculation of assessments shall be called to the attention of the secretary of the district, who shall determine whether there has been an error in fact. If the secretary finds that there has been an error in fact, the secretary shall recommend to the district board an amendment to the assessment ordinance to correct the error. Upon enactment of the amendment, the secretary shall make the necessary correction in the lien docket and send a correct notice of assessment by registered or certified mail. [1969 c.686 �12]

����� 264.382 Deficit assessment. In the event that an assessment is made before the total cost of the improvement is ascertained, and if it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the district board may, by motion, declare such deficit and prepare a proposed deficit assessment. The board shall set a time for a hearing of objections to such deficit assessment and shall direct the secretary to publish one notice thereof in a newspaper of general circulation in the district. After the hearing the board shall make a just and equitable deficit assessment by ordinance, which shall be entered in the lien docket as provided by ORS 264.362 to 264.394. Notices of the deficit assessment shall be published and mailed and the collection of the assessment shall be made in accordance with ORS 264.376 and 264.378. [1969 c.686 �13]

����� 264.384 Excess assessment; rebate. Upon the completion of the improvement project, if it is found that the assessment previously levied upon any property is more than sufficient to pay the costs of the improvements, the district board shall ascertain and declare the amount of the excess by ordinance. When declared, the excess amounts shall be entered on the lien docket as a credit upon the appropriate assessment. If any assessment has been paid, the person who paid it, or the legal representative of the person, shall be entitled to the repayment of the rebate credit, or the portion thereof which exceeds the amount unpaid on the original assessment. [1969 c.686 �14]

����� 264.386 Abandonment of proceedings. The district board may abandon proceedings for an improvement at any time prior to the final completion of the improvement. If liens have been assessed upon any property under ORS 264.362 to 264.394, they shall be canceled, and any payments made on such assessments shall be refunded to the person paying the same, the assigns or legal representatives of the person. [1969 c.686 �15]

����� 264.388 Guides in testing validity of proceedings; proceedings to correct. No improvement assessment shall be rendered invalid by reason of a failure of the improvement report to contain all of the information required by ORS 264.362, or by reason of a failure to have all of the information required to be in the improvement resolution, the assessment ordinance, the lien docket or notices required to be published and mailed, nor by the failure to list the name of, or mail notice to, the owner of any property as required by ORS 264.362 to 264.394, or by reason of any other error, mistake, delay, omission, irregularity or other act, jurisdiction or otherwise, in any of the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining. The district board may remedy and correct all such matters by suitable action and proceedings. [1969 c.686 �16]

����� 264.390 Reassessment. Whenever any assessment, deficit assessment or reassessment for any improvement which has been made by the district is set aside, or its enforcement restrained by any court having jurisdiction thereof, or when the district board is in doubt as to the validity of an assessment, deficit assessment or reassessment, or any part thereof, the district board may make a reassessment in the manner provided by ORS 223.405 to 223.485. [1969 c.686 �17]

����� 264.392 [1969 c.686 �18; repealed by 1995 c.333 �37]

����� 264.394 Enforcement of assessment lien. (1) In case the whole or any portion of the cost of an improvement is assessed against the property directly benefited and the owner of the property fails to pay the amount of the lien, or any portion thereof, or the interest thereon, when they become due, the board may proceed to foreclose the lien in any manner provided by law for the collection of liens by municipalities and may provide by ordinance a general procedure for the collection of liens in any manner not inconsistent with law.

����� (2) The provisions of ORS 223.405 to 223.485 relating to reassessment shall be available to districts where applicable. [1969 c.686 �19]

BOARD OF COMMISSIONERS

����� 264.410 Board; qualification; terms. (1) Except as otherwise provided by this chapter, the power and authority given to districts is vested in and shall be exercised by a board of five commissioners, each of whom shall be an elector of the district. However, if there are fewer than 100 electors of the district, then any individual who owns and maintains real property within the district, pays taxes levied thereon by the district and is an elector registered anywhere in this state may serve as a commissioner. Except as provided by subsection (2) of this section, each commissioner shall be elected for a term of four years.

����� (2) Within 10 days after the formation of a district and the election of the members of the first board, the commissioners shall meet and organize, first taking and subscribing an oath of office. The commissioners first elected shall determine by lot the length of term each shall hold office. The terms of two commissioners shall expire June 30 next following the first regular district election and the terms of three commissioners shall expire June 30 next following the second regular district election.

����� (3) The board of commissioners shall fill any vacancy on the board as provided in ORS 198.320. [Amended by 1955 c.213 �3; 1967 c.436 �2; 1969 c.666 �29; subsection (3) renumbered

ORS 266.375

266.375. [1983 c.350 �112]

����� 266.340 Oath of office of board members. A district board member when elected shall take the oath of office within 10 days after receiving the certificate of election. [Amended by 1969 c.345 �6; 1969 c.668 ��14,45]

����� 266.350 [Repealed by 1971 c.403 �18]

����� 266.360 [Amended by 1957 c.57 �5; 1969 c.668 �15; repealed by 1969 c.668 �46 and by 1969 c.669 �21]

����� 266.370 Board as governing power; president and secretary; meetings. (1) The park and recreation board is the governing power of the district and shall exercise all powers of the district.

����� (2) At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president and shall appoint a secretary who need not be a member of the board. In case of the absence, or inability to act, of the president or secretary, the board shall, by order entered upon the minutes, choose a president pro tempore, or secretary pro tempore, or both, as the case may be.

����� (3) The board shall hold meetings either in the day or evening, as may be necessary.

����� (4) The board shall fill any vacancy on the board as provided in ORS 198.320. [Amended by 1983 c.350 �119; 2011 c.292 �1]

����� 266.375 Manner of electing board members. (1) The board members may be elected in one of the following methods or a combination thereof:

����� (a) Elected by the electors of zones as nearly equal in population as possible according to the latest federal census.

����� (b) Elected at large by position number by the electors of the district.

����� (2) Candidates for election from zones shall be nominated by electors of the zones. Candidates for election at large may be nominated by electors of zones or by electors of the district, as determined under subsection (3) of this section.

����� (3) Where the method selected under subsection (2) of this section includes a combination of nomination of candidates from zones and of nomination of candidates at large, the number of candidates to be nominated in each manner shall be specified in the petition submitted under ORS 266.110 or in the petition or resolution under ORS 266.380. [1975 c.249 �2]

����� 266.380 Changing manner of electing board members; requirements; election. (1) This section establishes the procedure for determining whether the method adopted in a district for nominating and electing board members should be changed to another method. The question shall be decided by election. The district board:

����� (a) May order the election on its own resolution; or

����� (b) Shall order the election when a petition is filed as provided in this section.

����� (2) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 to 255.205.

����� (3) If the question proposes creation of zones or a change in the boundaries or the number of existing zones, the following requirements shall apply:

����� (a) The petition shall contain a map indicating the proposed zone boundaries. The map shall be attached to the cover sheet of the petition and shall not exceed 14 inches by 17 inches in size.

����� (b) Notwithstanding ORS 250.035, the statement summarizing the measure and its major effect in the ballot title shall not exceed 150 words. The statement:

����� (A) Shall specify the method of nomination and election of board members from among the methods described in ORS 266.375. The statement also shall specify whether, in filling each position on the board, an elector of the district may sign a petition of nomination or vote for a candidate from any zone or only for a candidate from the zone in which the elector resides.

����� (B) Shall include a general description of the proposed boundaries of the zones, using streets and other generally recognized features.

����� (c) The order calling the election shall contain a map of the proposed zone boundaries and a metes and bounds or legal description of the proposed zone boundaries. The map and description shall be prepared by the county surveyor or county assessor and shall reflect any adjustments made in the boundaries under subsection (6) of this section.

����� (4) The map to be contained in the petition under subsection (3) of this section shall be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk shall not accept the prospective petition for filing until the chief petitioners have paid the amount due.

����� (5) Subsection (3) of this section does not apply if the question proposes abolition of all zones.

����� (6) Before submitting to election a question to which subsection (3) of this section applies, the district board shall adjust the proposed boundaries of the zones to make them as nearly equal in population as feasible according to the latest federal census. The district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries.

����� (7) If the electors of the district approve the establishment of zones or a change in the boundaries or the number of existing zones, board members shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by zone shall be filled by persons who reside within zones which are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member shall be decided by lot. [1975 c.249 �3; 1983 c.350 �120; 1995 c.79 �92; 1995 c.534 �14]

����� 266.385 Boundaries of zones for board members; adjustment for population and boundary changes; filing of boundary change with county assessor and Department of Revenue. (1) The board shall adjust zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district.

����� (2) For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS

ORS 271.210

271.210 the applicant must petition the governing body of the city or town involved, setting forth the particular circumstances of the case, giving a definite description of the property sought to be vacated, or of the right, use or occupancy sought to be obtained, and the names of the persons to be particularly affected thereby. The petition shall be filed with the auditor or clerk of the city or town involved 30 days previous to the taking of any action thereon by the city governing body.

����� (2) Notice of the pendency of the petition, containing a description of the area sought to be vacated or right, use or occupancy sought to be obtained, shall be published at least once each week for three successive weeks prior to expiration of such 30-day period in a newspaper of general circulation in the county wherein the city or town is located.

����� 271.210 Hearing; grant of petition. Hearing upon the petition shall be had by the city governing body at its next regular meeting following the expiration of 30 days from the filing of the petition. At that time objections to the granting of the whole or any part of the petition shall be duly heard and considered by the governing body, which shall thereupon, or at any later time to which the hearing is postponed or adjourned, pass by a majority vote an ordinance setting forth the property to be vacated, or other rights, occupancy or use to be thereby granted. Upon the expiration of 30 days from the passage of the ordinance and the approval thereof by the mayor of the city or town, the ordinance shall be in full force and effect.

����� 271.220 Filing of objections; waiver. All objections to the petition shall be filed with the clerk or auditor of the city or town within 30 days from the filing of the petition, and if not so filed shall be conclusively presumed to have been waived. The regularity, validity and correctness of the proceedings of the city governing body pursuant to ORS 271.180 to 271.210, shall be conclusive in all things on all parties, and cannot in any manner be contested in any proceeding whatsoever by any person not filing written objections within the time provided in this section.

����� 271.230 Records of vacations; fees. (1) If any town or plat of any city or town is vacated by a county court or municipal authority of any city or town, the vacation order or ordinance shall be recorded in the deed records of the county. Whenever a vacation order or ordinance is so recorded, the county surveyor of such county shall, upon a copy of the plat that is certified by the county clerk, trace or shade with permanent ink in such manner as to denote that portion so vacated, and shall make the notation �Vacated� upon such copy of the plat, giving the book and page of the deed record in which the order or ordinance is recorded. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk.

����� (2) For recording in the county deed records, the county clerk shall collect the same fee as for recording a deed. For the services of the county surveyor for marking the record upon the copy of the plat, the county clerk shall collect a fee as set by ordinance of the county governing body to be paid by the county clerk to the county surveyor. [Amended by 1971 c.621 �31; 1975 c.607 �31; 1977 c.488 �2; 1979 c.833 �30; 1999 c.710 �12; 2001 c.173 �5]

TRANSFER, LEASE, DONATION OR USE OF PUBLIC LANDS

����� 271.300 Application and administration of ORS 271.300 to 271.360; rules. (1) The power granted by ORS

ORS 273.010

273.010; 1969 c.594 �19; 1997 c.321 �1; 2003 c.14 �132; 2021 c.139 �3]

����� 273.255 Eligibility to purchase state lands. Any individual who is 18 years of age or older and who is a citizen of the United States, or has declared an intention to become a citizen, may apply to purchase state lands. [1967 c.421 �51 (enacted in lieu of 273.030)]

����� 273.260 [Amended by 1967 c.421 �88; renumbered 273.711]

����� 273.261 Applications generally. An individual eligible under ORS 273.255 may file an application with the Director of the Department of State Lands for the purchase of state lands other than farmlands. The application must be made in a form prescribed by the Department of State Lands, contain a correct and precise description of the lands applied for in accordance with a survey acceptable to the department, and be verified before an officer authorized by law to administer oaths. [1967 c.421 �52 (enacted in lieu of 273.030)]

����� 273.265 Application for submersible lands. (1) If application is made for the purchase of submersible lands, the applicant must cause such lands to be surveyed at the expense of the applicant by a surveyor, whose selection is subject to prior approval by the Department of State Lands. The survey must connect with and conform to adjacent surveys acceptable to the department, so far as practicable. The applicant must submit to the department, with the application, an accurate map of the lands applied for, showing the boundaries and stating the area. The map must be verified by the surveyor before an officer authorized by law to administer oaths.

����� (2) Each application to purchase submersible lands must, in addition to all other requirements, contain the applicant�s statement that application is made with knowledge of the character of the land applied for and the title of the state thereto, and the waiver of the applicant of all claims upon the state for the return of the purchase price of the lands in the event that the lands, or any part thereof, do not belong to the state. [1967 c.421 �53 (enacted in lieu of

ORS 273.150

273.150; 1969 c.594 �23]

����� 273.305 [Formerly 273.560; 1967 c.421 �78; renumbered 273.521]

����� 273.306 Execution and record of deeds. (1) Upon full payment of the purchase price and any accrued interest thereon the Director of the Department of State Lands shall execute a deed to the purchaser in a form prescribed by the rules of the Department of State Lands.

����� (2) The department shall maintain appropriate records of all deeds issued under this section. [Formerly 273.160]

����� 273.310 [Formerly 273.570; 1967 c.421 �79; renumbered 273.525]

����� 273.311 Correction of deeds; refund of purchase price; refund to assignee of certificate of sale issued on fraudulent application. (1) In all cases where clerical errors have been made in deeds for any state lands sold, upon satisfactory proof and if the rights of innocent parties have not intervened, the Director of the Department of State Lands may execute corrected deeds to the holders thereof.

����� (2) Where lands, other than submersible lands and unsurveyed or unpatented swamp lands have been sold and the state cannot convey title to the purchaser, the Department of State Lands shall repay the purchaser, or the heirs or assigns of the purchaser, all sums which may have been paid to the department on the purchase price of the lands, including the interest paid upon deferred payments, upon the presentation of a proper application for repayment, satisfactory proof and the surrender of the certificate; or if deed has been issued, upon reconveyance by executed and recorded quitclaim deed of whatever title or color of title was received from the state.

����� (3) Where a certificate of sale has been issued by the department upon a fraudulent application and the certificate is held by assignment by a third party who had no knowledge of the fraud at the time of assignment, the department may refund to the holder such sums as were paid the department on the purchase price of the lands covered by the certificate, including the interest paid upon deferred payments, upon the holder making proper application to the department for repayment and surrendering for cancellation the certificate and assignment. [Formerly

ORS 273.180

273.180]

����� 273.755 Filing maps of railroad location and depot sites; department�s duties. (1) Whenever a railway company mentioned in ORS 273.751, or its successors or assigns, files with the Department of State Lands a map of the definite location of its road lines through any state lands, the department thereafter shall except from sale such right of way and lands for purposes named in ORS 273.751.

����� (2) Whenever a railway company has selected a tract of state lands for any purpose mentioned in ORS 273.751, the company shall file with the department a map of the same, with a description connected with surveys acceptable to the department. After such map has been filed, after completion of construction of a railroad through such lands and upon payment for the lands at the rate of $1 per acre, the department shall execute and deliver to the company, its successors or assigns, deeds for the tracts of lands so selected. [Formerly 273.190]

����� 273.760 [Repealed by 1967 c.421 �206]

����� 273.761 Right of way for water ditches and pipes. (1) A right of way for construction of a water ditch to be used for irrigation, manufacturing or mining purposes, ditches or water pipes for conveying water to political subdivisions for domestic purposes, or for the extinguishment of fires, is granted for a distance of 25 feet on each side of such ditches or water pipes to any person who may construct such water ditches or water pipes over any submersible, swamp or school lands.

����� (2) A right of way for the construction and maintenance of domestic and industrial water supply mains, sanitary pressure mains and storm water outfalls is granted for a distance of 25 feet on each side of such mains and outfalls to any municipal corporation that constructs and maintains them in or over submerged or submersible lands or new lands created thereon.

����� (3) All deeds, leases and easements granted by the State of Oregon for any of the lands mentioned in this section shall be made subject to any vested rights of the owners of such water ditches, water pipes, mains or outfalls as may have been acquired under this section.

����� (4) The person or municipal corporation constructing such water ditches, water pipes, mains or outfalls shall file with the Department of State Lands a copy of the field notes of the survey of such ditches, water pipes, mains or outfalls, showing their location.

����� (5) Any construction, maintenance, relocation or extension of a main or outfall described in subsection (2) of this section shall be carried out in accordance with any applicable rules of the department. [Formerly 273.200; 1973 c.511 �2]

����� 273.765 Liability for costs of relocation or extension of mains and outfalls. Any person adding or removing any material to or from submerged or submersible land so as to make necessary or advisable the relocation or extension of a main or outfall described in ORS

ORS 274.120

274.120]

����� 273.903 Title of certain swamp lands not to be questioned by department; prohibition against sale of certain swamp lands. The Department of State Lands shall not call in question the title of any person to any swamp lands which the person may not have acquired by full and complete compliance with the preemption or homestead laws of the United States, nor shall the department sell to anyone any unsurveyed swamp lands, or swamp lands on which any settler shall have made and perfected bona fide legal entry under the laws of the United States. �Swamp lands,� as used in this section, means lands classified as swamp lands pursuant to ORS 273.251. [Formerly

ORS 274.210

274.210 to 274.260 extends to only so much of the submersible or submerged lands adjoining or underlying such lake or pond which may be reclaimed by such drainage as is required to fill up the fractional subdivision or subdivisions of a section which the owner owns and which are rendered fractional by such lake or pond, and the title of such owner is so limited when the waters of such lake or pond receding, because of such drainage, uncover the submersible or submerged lands adjoining or underlying such lake or pond.

����� (2) This section shall not affect the right of riparian owners to land acquired by natural accretion or reliction because of the gradual and natural recession of the waters of the lake or pond to which the lands of such owners are riparian. [Amended by 1967 c.421 �126; 1969 c.594 �41]

����� 274.270 [Repealed by 1967 c.421 �206]

SWAMP AND SUBMERSIBLE LANDS

����� 274.280 Surveys and plans for reclamation of lands. In addition to its powers under ORS 274.210 to

ORS 274.260

274.260, the Department of State Lands may cause reclamation surveys, plans and specifications to be made for the reclaiming of any unsold swamp lands and submersible lands under the control of the department. [Amended by 1967 c.421 �127; 1969 c.594 �42]

����� 274.290 Execution of plan. The Department of State Lands may direct the Water Resources Director to submit an estimate of the probable cost of any survey, plan or specification of any contemplated reclamation project under ORS 274.280. On consideration thereof, if the department finds it to be in the interest of the state, the department shall direct the Water Resources Director to cause such survey and plans and specifications to be made and prepared. Upon receipt thereof the department may proceed under the plan to the extent and in such manner as it considers advisable. [Amended by 1967 c.421 �128]

����� 274.300 [Amended by 1967 c.421 �22; renumbered 273.111]

����� 274.310 [Amended by 1967 c.421 �129; 1969 c.594 �14; repealed by 2005 c.755 �59]

����� 274.355 [1961 c.479 �1; 1967 c.421 �109; repealed by 1967 c.567 �14]

����� 274.360 [1961 c.479 ��2,3; 1967 c.421 �110; repealed by 1967 c.567 �14]

����� 274.365 [1961 c.479 ��4,6; 1967 c.421 �111; repealed by 1967 c.567 �14]

ABANDONED AND DERELICT PROPERTY

����� 274.366 Oregon Abandoned and Derelict Vessel Program; rules. (1) As used in this section:

����� (a) �Abandoned vessel� has the meaning given that term in ORS 830.908.

����� (b) �Derelict vessel� has the meaning given that term in ORS 830.908.

����� (2) The Oregon Abandoned and Derelict Vessel Program is established in the Department of State Lands to:

����� (a) Address abandoned vessels and derelict vessels; and

����� (b) Ensure that state-owned submerged and submersible lands are managed for the public interests in fishery, navigation, commerce and recreation.

����� (3) The Department of State Lands, under the direction of the State Land Board and in coordination with the State Marine Board, the Department of Environmental Quality, the State Parks and Recreation Department and other stakeholders identified by the Department of State Lands, shall develop the policy framework for the program established in subsection (2) of this section.

����� (4) The Department of State Lands may adopt rules necessary to implement the provisions of this section. [2023 c.419 �2]

����� 274.370 [1961 c.479 �5; 1967 c.421 �112; repealed by 1967 c.567 �14]

����� 274.371 Oregon Abandoned and Derelict Vessel Fund. (1) The Oregon Abandoned and Derelict Vessel Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Abandoned and Derelict Vessel Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of State Lands for the purpose of carrying out the provisions of the Oregon Abandoned and Derelict Vessel Program.

����� (2) The department may accept grants, donations, contributions or gifts from any source for deposit in the fund.

����� (3) The fund shall consist of:

����� (a) Moneys received by the department as provided by subsection (2) of this section;

����� (b) Moneys appropriated by the Legislative Assembly for deposit in the fund;

����� (c) Interest earned on moneys in the fund; and

����� (d) Other moneys deposited in the fund from any source. [2023 c.419 �3]

����� 274.375 [1961 c.479 �7; 1967 c.421 �113; repealed by 1967 c.567 �14]

����� 274.376 Definitions for ORS 274.376 to 274.388. As used in ORS 274.376 to 274.388:

����� (1) �Abandoned structure� means a structure that has been left without authorization on, under or over state-owned submerged or submersible lands.

����� (2) �Derelict structure� means a structure that is on, under or over state-owned submerged or submersible lands and that is:

����� (a) Sunk or in imminent danger of sinking due to its dilapidated condition;

����� (b) Obstructing a waterway;

����� (c) Endangering life or property; or

����� (d) In dilapidated condition such that it is in danger of becoming an environmental hazard.

����� (3) �Marine debris� means any manufactured or processed solid material, or a boat, as defined in ORS 830.700, that is no longer capable of being used as a means of transportation on the water due to its dilapidated condition, that:

����� (a) Persists in the marine environment; and

����� (b) Is disposed of or abandoned, either with intention or unintentionally, in or in close proximity to any waters of which the submersible or submerged lands belong to the State of Oregon.

����� (4) �Owner� means a person who has a property interest in a structure. [2015 c.715 �1; 2025 c.90 �2]

����� 274.379 Authority to seize abandoned structure or derelict structure; notice. (1) The Department of State Lands is authorized to seize a structure on, under or over state-owned submerged or submersible lands if:

����� (a) The department determines, after providing notice and opportunity for a hearing, that the structure is an abandoned structure or a derelict structure; and

����� (b) The owner of the structure has failed to correct the problems identified in the notice within 20 days or a longer reasonable time as specified in the notice provided under the rules adopted under ORS 274.385 or within any additional time that may be granted by the department.

����� (2)(a) The notice required under subsection (1) of this section must:

����� (A) Identify, with specificity, the department�s proprietary interest in and jurisdiction over the state-owned submerged or submersible lands that the structure is on, under or over;

����� (B) Identify any person that the department has determined may have a potential interest in the structure or the land upon which the structure is located; and

����� (C) Be delivered by certified mail, return receipt requested, to any person with a potential interest in the structure or the land upon which the structure is located, as determined by the department after diligent investigation.

����� (b) As used in this subsection, �diligent investigation� includes but is not limited to a search of the county property records.

����� (3) The department may remove, salvage, store and dispose of structures seized under this section.

����� (4)(a) Nothing in this section affects the ability of the department to:

����� (A) Investigate and prosecute trespasses on and damage to state lands under ORS 273.185; or

����� (B) Immediately seize without notice a structure that presents a hazard to navigation or an imminent threat to public health or safety.

����� (b) If the department seizes a structure without notice under this subsection and the department wishes to salvage or dispose of the structure, the department shall provide notice as provided for in the rules adopted under ORS 274.385. [2015 c.715 �2]

����� 274.382 Liability for costs of removal, salvage, storage and disposal. (1) Except as may otherwise be provided by the Department of State Lands by rule, the owner of an abandoned structure or derelict structure is liable to the department for all costs arising out of removal, salvage, storage and disposal of a structure seized under ORS 274.376 to 274.388. Any order imposing liability for the costs is an order other than a contested case and is subject to review under ORS 183.484.

����� (2) If the department sells a structure seized under ORS 274.376 to 274.388, the liability imposed under this section shall be reduced by the net proceeds of the sale.

����� (3) Except as may otherwise be provided by the department by rule, an owner of a structure whose only interest in the structure is a security interest is not liable for costs arising out of removal, salvage, storage and disposal of a structure under ORS 274.376 to 274.388. [2015 c.715 �3]

����� 274.385 Rules. The Department of State Lands shall adopt rules to carry out the provisions of ORS 274.376 to

ORS 274.412

274.412. [1995 c.471 �6; 2025 c.164 �3]

����� 274.410 [Renumbered 274.525]

����� 274.412 Judicial review of declaration of state�s claim. Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.406 may seek judicial review of the declaration in the manner provided in ORS chapter 183 for judicial review of final orders in other than contested cases. For purposes of ORS 183.484 (2), the date three days after the date of mailing of notice under ORS 274.408 (2) shall be considered the date the order is served on the owner. [1995 c.471 �7]

����� 274.420 [Amended by 1967 c.421 �100; renumbered 274.025]

����� 274.425 Definition for ORS 274.430 to 274.520. As used in ORS 274.430 to 274.520, �meandered lake� means a lake wholly or partly within this state that has been meandered by the United States surveys. [1967 c.421 �131]

����� 274.430 State ownership of meandered lakes; status as navigable and public waters. (1) All meandered lakes are declared to be navigable and public waters. The waters thereof are declared to be of public character. The title to the submersible and submerged lands of such meandered lakes, which are not included in the valid terms of a grant or conveyance from the State of Oregon, is vested in the State of Oregon.

����� (2) ORS 274.430 to 274.450 shall not apply to any nonnavigable lakes lying within the boundaries of any duly organized and incorporated drainage district which was in existence on January 1, 1921.

����� (3) Nothing in this section impairs the title of any upland or riparian owner to or any vested rights in land which was added prior to May 25, 1921, by natural accretion or reliction to the lands of such upland owner. [Amended by 1967 c.421 �132]

����� 274.440 Acquisition of future rights to meandered lakes denied; extension of riparian ownership; lands overflowed by high water. (1) There are no vested rights in or to any future accretion or reliction to the lands of any upland or riparian owner on any meandered lake. No person shall acquire any right, title or interest in or to the submerged or submersible lands of any such lakes, or any part thereof, by reliction, accretion or otherwise, or by reason of the lowering or drainage of the waters of such lakes, except as provided by statute.

����� (2) Upon drainage of meandered lakes, the title of owners of land riparian to such lakes drained under any law shall extend to so much of the submersible and submerged lands reclaimed by such drainage as is required to fill out the least fractional subdivision or subdivisions of any section owned by such riparian owners and which is rendered fractional by the meander line of such lake; and the title of such owners shall be so limited when the receding lake waters, because of such drainage, uncover the submersible and submerged lands. Where by reason of natural accretion or reliction such fractional subdivision or subdivisions of such upland owners were filled out thereby prior to May 25, 1921, such upland owners shall hold to the line of such lands as extended by the natural accretion or reliction.

����� (3) Submersible and submerged lands covered at ordinary high water at ordinarily recurring seasons by the waters of meandered lakes, or from which the waters of any such lakes have not at ordinarily high water permanently receded, are not considered to be accreted or relicted lands, but the same and all accretions and relictions occurring or formed over any of the lands of the State of Oregon, as provided by ORS 274.430, are the property of the State of Oregon, and may be by it leased, sold or managed in the manner provided by law. [Amended by 1967 c.421 �133]

����� 274.450 Acquisition of riparian rights by department. The Department of State Lands may acquire by purchase, gift, condemnation or otherwise, any riparian rights which may, by any court of competent jurisdiction, be held to be owned by or vested in any upland or riparian owner on any meandered lakes, and may institute such suits or actions as may be necessary in such condemnation proceedings. [Amended by 1967 c.421 �134]

����� 274.460 Settler�s and riparian owner�s preferential right to purchase land within meander lines. All persons qualified to become entrymen and to secure land patents under the homestead laws of the United States and who prior to January 1, 1921, in good faith settled upon lands within the meander lines of lakes returned as navigable by the United States surveys and who, on January 1, 1921, by reason of settlement, cultivation and improvements on any such lands would be entitled to patent from the United States if such lands were open or subject to homestead entry are given a preference right to purchase from the State of Oregon such lands so settled upon by them, not exceeding 160 acres for any one person, upon such terms and at such prices and within such times as shall be fixed by the Department of State Lands. However, owners of the upland bordering upon such ordinary high water mark have a preference right to purchase, at the best price bid, state lands described in ORS 274.430 and riparian to their lands, and not exceeding 160 acres, in addition to the lands granted them by ORS 274.430 and 274.440. [Amended by 1967 c.421 �135]

����� 274.470 Settler�s right to deed to land within meander lines; preferential right to additional land; tacking by successive settlers. (1) Any person who in good faith settled upon lands within the meander lines of any meandered lake and who, on January 1, 1921, actually resided thereon, who maintained residence thereon for at least five years immediately prior to such date, and who complied with the requirements of settlement, residence, cultivation and improvement, specified for homestead entrymen under the homestead laws of the United States, and which would be sufficient to acquire title by patent if such lands were subject to homestead entry by qualified entrymen, upon proof of such facts to the satisfaction of the Department of State Lands:

����� (a) Is entitled to a deed from the state, conveying and granting such lands not exceeding 160 acres without cost; and

����� (b) Has a preferential right to purchase from the State of Oregon 160 acres of additional lands, chiefly valuable for agricultural purposes.

����� (2) Any person who did not reside on any lands described in subsection (1) of this section for five years immediately prior to January 1, 1921, but who purchased the improvement or possessory rights or claims of a prior occupant, and whose residence and possession when tacked to that of such prior occupant extended for a period of not less than five years immediately prior to such date, shall have a preferential right to purchase such lands, not exceeding 160 acres, the price of which shall be fixed without reference to the value of the improvements thereon. [Amended by 1967 c.421 �136]

����� 274.480 Rights of riparian owners on Malheur and Mud Lakes. The owners of lands riparian to Malheur and Mud Lakes, in Harney County, Oregon, shall be granted title to so much of the lands within the meander lines of such lakes as is required to fill out the least fractional subdivision or subdivisions of any section owned by such upland owners, and which is rendered fractional by the meander line of such lakes, in addition to the rights recognized by ORS 274.430 to 274.460 to any natural accretion or reliction added to the lands of such upland owners prior to May 24, 1923. Owners of any upland bordering upon such meander lines shall have a preferential right to purchase, in addition, 160 acres of such state lands, chiefly valuable for agricultural purposes. [Amended by 1967 c.421 �137]

����� 274.490 Settlement of conflicting preferential rights. Settlers within the meander line of any meandered lake have the first preferential right, and the Department of State Lands shall, so far as practicable, work out the various preferential rights by securing to each, all the lands which would be most advantageously used by such several persons. In case of conflict, the department shall give the parties a reasonable time in which to agree, and if they cannot agree, the department shall decide the matter and make conveyances as it considers equitable, and its decision in the matter shall be final. The department shall fix the time within which such preferential rights shall be exercised. [Amended by 1967 c.421 �138]

����� 274.500 Conveyance of compact area; prices; maximum acreage. (1) All of the lands referred to in ORS 274.470 and 274.480 granted or conveyed by the state, shall be granted and conveyed in a reasonably compact area, to be determined by the Department of State Lands.

����� (2) All sales of such state lands shall be at prices fixed by the department, and no more than 320 acres shall be sold or conveyed to any one person. [Amended by 1967 c.421 �139]

����� 274.510 Lake bed lands claimed by the United States. (1) If the federal government claims title or interest in any lands referred to in ORS 274.470 or 274.480 the same shall not be conveyed or otherwise disposed of, or preferential right therein accrue until such claim is settled. The Department of State Lands may enter into such agreements with the federal government affecting such lands as it deems best in the interest of the public, and make such deeds and conveyances to the United States in consideration of the issuance of such patents by the United States to the State of Oregon of such lands within the meander lines of any such lakes as the department and the federal government agree.

����� (2) Nothing in this section is a recognition of any title or interest in the United States within the meander lines of any meandered lake to any lands or waters of any such lake prior to the execution and delivery of a deed or conveyance from the State of Oregon as provided for in this section.

����� (3) In carrying out such agreements the department may utilize the proceeds from the sale of such lands in which title or interest is claimed by the federal government. This section does not authorize the department or any other state agency to enter into any agreement which will divest any person of any water rights acquired under the laws of this state or otherwise. [Amended by 1967 c.421 �140]

����� 274.520 Acceptance of deed to lake bed lands as precluding any other claim. Any person who elects to take any deed from the State of Oregon under ORS 274.430 to 274.520 to any lands within the meander lines of a lake takes the same in lieu of any claim to any other lands within the meander line of such lake in which such deeded lands lie, and shall not thereafter maintain in any court any claim to any lands inside the meander line of such lake other than to the lands conveyed to such person by deed from the state under ORS 274.430 to 274.520 or which such person acquires in good faith from a grantee or purchaser from the State of Oregon under such statutes. [Amended by 1967 c.421 �141]

����� 274.523 [1967 c.421 �143; repealed by 1969 c.594 �63]

(Removing Materials)

����� 274.525 City use of stream bed material. (1) Any city of the State of Oregon bordering on a navigable stream may dredge out and use material from submersible and submerged lands of the stream, owned by the State of Oregon and in front of such city, for the purpose of filling in or reclaiming the submersible lands within such city, under the rules of the Department of State Lands. The consent of the appropriate agency of the United States Government shall be first obtained by such city.

����� (2) Any contractor who has entered into a contract with any such city to fill in or reclaim any of its submersible lands may dredge and use such material in the same manner as may be done by such city. [Formerly 274.410; 1967 c.421 �145; 1969 c.594 �43]

����� 274.530 Lease or license of stream beds for removal of material; rules for measurement of volume removed. (1) The Department of State Lands may, after notice of competitive bidding, and following such competitive bidding, lease or license submersible and submerged lands of navigable streams owned by the State of Oregon for the purpose of removing material therefrom. Competitive bid requirements may be waived for leases of less than one year�s duration. No lease shall be made for a lump sum but only on a basis of the price per cubic yard or ton for the material removed.

����� (2) The department may prescribe by rule the manner in which the volume in cubic yards or the weight in tons for the material removed shall be determined.

����� (3) Notwithstanding subsections (1) and (2) of this section, the department may enter into a license for the removal of material from submersible and submerged lands of navigable streams owned by the State of Oregon based on a competitive market rate that reflects fair market value.

����� (4) The department shall, prior to any competitive bidding notice, establish prebid qualifications that include but are not limited to the following:

����� (a) The minimum yardage amount of material that must be removed for each year for which the lease is valid.

����� (b) Evidence that all bidders have an established market, as provided by each bidder. [Amended by 1961 c.509 �2; 1961 c.676 �3; 1967 c.421 �144; 1967 c.567 ��15, 15a; 1971 c.509 �1; 1995 c.113 �1]

����� 274.540 [Amended by 1953 c.181 �2; 1961 c.509 �3; 1961 c.676 �4; 1967 c.421 �45; renumbered 273.225]

����� 274.550 Removal of material without payment of royalties; eligible material and uses. (1) A person may remove material from submersible and submerged lands owned by the State of Oregon without payment of royalties to the Department of State Lands if the material is:

����� (a) Removed for channel or harbor improvement or flood control;

����� (b) Used for filling, diking or reclaiming land owned by the state or any political subdivision as defined in ORS 271.005 and located not more than two miles from the bank of the stream;

����� (c) Used for the creation, maintenance or enhancement of fish or wildlife habitat;

����� (d) Used for the maintenance of public beaches; or

����� (e) Contaminated with hazardous material, as defined in ORS 466.605, provided that the person gives the department written notice of the removal at least 30 days prior to disposal.

����� (2) A person does not have to pay royalties to the state for the following uses of material, if the person provides at least 30 days� written notice to the department of the intended use:

����� (a) The filling of any property up to an elevation of one foot above the line of ordinary high water of a waterway by a state agency or political subdivision, as defined in ORS 271.005.

����� (b) The material is used solely for a public purpose by a political subdivision, as defined in ORS 271.005.

����� (3) A person may not remove any material from the place it was first deposited or use the material as an article of commerce without providing, prior to the removal of the material, written notification to the department and payment of any royalties for the material as determined by the department.

����� (4) In addition to the purposes enumerated in subsection (1) of this section, any person may take material for the exclusive use of the person to the extent of not more than 50 cubic yards or the equivalent weight in tons in any one year. However, before taking the material, the person shall first notify the department.

����� (5) Upon the removal of material from submersible or submerged lands not exempt from the payment of royalties, royalties in an amount established by the department must be paid to the department.

����� (6) For purposes of this section:

����� (a) �Article of commerce� means any material, other than material used for upland disposal or contaminated material put to beneficial use, that is bought, sold or exchanged in any manner for goods or services and that otherwise would have to be acquired from alternative sources.

����� (b) �Reclaiming land� means raising the elevation of a portion of land within a 100-year floodplain to not more than one foot of elevation higher than the highest elevation of the 100-year floodplain, or protecting land otherwise in the 100-year floodplain by the construction of dikes or other flood control improvements. [Amended by 1961 c.149 �1; 1961 c.676 �5; 1967 c.421 �146; 1969 c.594 �44; 1971 c.509 �3; 1981 c.787 �53; 2003 c.465 �1]

����� 274.560 Lease terms; bond or security; prohibited lease or purchase option; monthly reports and payments; rules. (1) The Department of State Lands may enter into contract of lease for purposes of ORS 274.525 to 274.590 with such stipulations protecting the interest of the state as the department may require, and may require a bond with a surety company authorized to transact a surety business in this state, as surety, or other form of security, to be given by the lessee for performance of such stipulations, and providing for forfeiture for nonpayment or failure to operate under the contract. No contract shall be entered into giving any person an option of leasing or purchasing the property of the State of Oregon. The lessee in all such contracts shall report monthly to the department the amount of material taken under the contract and pay to the department the amount of royalty thereon provided in the contract.

����� (2) The department shall adopt rules to establish criteria to determine when security is required. [Amended by 1965 c.375 �1; 1967 c.421 �147; 1969 c.594 �45; 1991 c.264 �1]

����� 274.570 [Amended by 1967 c.421 �106; renumbered 274.035]

����� 274.580 [Amended by 1961 c.509 �4; 1967 c.421 �46; renumbered 273.231]

����� 274.590 Cooperation with Washington authorities respecting removal of material from bed of Columbia River. The Department of State Lands shall cooperate with the proper authorities of the State of Washington in contracting for, receiving and collecting royalties or other revenues for the taking of material from the submersible and submerged lands of the Columbia River and enter into such agreements as may be advisable or necessary with such officers of the State of Washington for the division of such royalties. [Amended by 1967 c.421 �148]

����� 274.600 [Amended by 1967 c.33 �1; 1967 c.421 �47; 1967 c.567 �16; renumbered 273.235]

����� 274.605 [Amended by 1967 c.421 �48; renumbered 273.241]

EXPLORATION FOR MINERALS

����� 274.610 Prohibited contracts for exploration for hard minerals; scientific research. (1) The Department of State Lands shall not enter into contracts for governmental or private development or exploration for hard minerals on state-owned submersible and submerged lands within the territorial sea and navigable bays that are subject to the jurisdiction of the department.

����� (2) Nothing in this section shall be considered to prohibit scientific research conducted by or on behalf of an academic institution or a government agency.

����� (3) As used in subsection (1) of this section, �hard minerals� includes but is not limited to natural deposits or mineral sources of gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten and zirconium. �Hard minerals� does not include oil, gas or sulfur deposits subject to ORS 274.705 to 274.860.

����� (4) As used in this section:

����� (a) �Exploration� means any activity the principal purpose of which is to define, characterize or evaluate hard mineral deposits for possible commercial development or production.

����� (b) �Scientific research� means any activity the principal purpose of which is to improve scientific or technical understanding of earth, ocean or atmospheric processes, hazards and resources and for which the data generated are nonproprietary or public. [1991 c.217 �1]

����� Note: 274.610 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 274 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 274.611 [1967 c.421 �150; 1987 c.300 �1; repealed by 1991 c.217 �6]

����� 274.615 [1961 c.703 ��1,13; 1967 c.421 �151; 1987 c.300 �2; repealed by 1991 c.217 �6]

����� 274.620 [1961 c.703 �2; 1965 c.375 �2; 1967 c.421 �152; 1969 c.594 �46; 1987 c.300 �3; repealed by 1991 c.217 �6]

����� 274.625 [1961 c.703 �3; 1967 c.421 �153; 1987 c.300 �4; repealed by 1991 c.217 �6]

����� 274.630 [1961 c.703 �4; 1967 c.421 �154; 1987 c.300 �5; repealed by 1991 c.217 �6]

����� 274.635 [1961 c.703 ��5,8 and 12; 1967 c.421 �155; 1987 c.300 �6; repealed by 1991 c.217 �6]

����� 274.640 [1961 c.703 ��7,10; 1967 c.421 �156; 1987 c.300 �8; repealed by 1991 c.217 �6]

����� 274.645 [1961 c.703 �11; 1967 c.421 �157; repealed by 1987 c.300 �10]

����� 274.650 [1961 c.703 �6; repealed by 1967 c.421 �206]

TIDAL SUBMERGED AND SUBMERSIBLE LANDS

(General Provisions)

����� 274.705 Definitions for ORS 274.705 to 274.860. As used in ORS 274.705 to 274.860, unless the context requires otherwise:

����� (1) �Development� includes geophysical activity, drilling, platform construction, pipeline construction, operation of onshore support facilities and any other activities undertaken following the discovery of oil, gas or sulfur, the principal purpose of which is to prepare for the ultimate production of the oil, gas or sulfur.

����� (2) �Exploration� means any activity the principal purpose of which is to define, characterize or evaluate oil, gas or sulfur resources for possible commercial development or production.

����� (3) �Filled lands� includes submerged and submersible lands reclaimed artificially through raising such lands above the highest probable elevation of the tides to form dry land, by placement of a fill or deposit of earth, rock, sand or other solid imperishable material.

����� (4) �Gas� means all natural gas and all other fluid hydrocarbons not defined as oil in subsection (6) of this section, including condensate originally in the gaseous phase in the reservoir.

����� (5) �Lease� means an oil, gas and sulfur lease issued pursuant to ORS 274.705 to 274.860.

����� (6) �Oil� means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

����� (7) �Person,� in addition to the meanings defined by ORS 174.100, includes quasi-public corporations, political subdivisions and governmental agencies and instrumentalities.

����� (8) �Production� means any activity the principal purpose of which is to engage in, monitor or conduct operations or maintenance related to the active extraction and transportation of oil, gas or sulfur from tidal submerged lands.

����� (9) �Structure� means any construction works, including but not limited to derricks, pipelines, lines for the transmission and distribution of electricity, telephone lines, wharves, piers, slips, warehouses and units designed to act as groins, jetties, seawalls, breakwaters or bulkheads.

����� (10) �Territorial sea� has the meaning given that term in ORS 196.405.

����� (11) �Tidal submerged lands� means lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of this state as heretofore or hereafter established. [1961 c.619 �1; 1967 c.421 �158; 2019 c.14 �2]

����� 274.710 Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur. (1) The Department of State Lands has exclusive jurisdiction over all ungranted tidal submerged lands owned by this state, whether within or beyond the boundaries of this state, heretofore or hereafter acquired by this state:

����� (a) By quitclaim, cession, grant, contract or otherwise from the United States or any agent thereof; or

����� (b) By any other means.

����� (2) All jurisdiction and authority remaining in the state over tidal submerged lands as to which grants have been or may be made is vested in the department.

����� (3) Notwithstanding ORS 273.551, the department shall administer and control all tidal submerged lands described in subsections (1) and (2) of this section under its jurisdiction, and may lease such lands and submersible lands and dispose of oil, gas and sulfur under such lands and submersible lands in the manner prescribed by ORS 274.705 to 274.860. However, submerged and submersible lands lying more than 10 miles easterly of the 124th West Meridian shall be subject to leasing for oil, gas and sulfur under ORS 273.551, rather than under ORS 274.705 to 274.860.

����� (4) Notwithstanding any other provision of ORS 274.705 to 274.860, the department may not permit any interference other than temporary interference with the surface of the ocean shore, as defined in ORS 390.615. The department may, however:

����� (a) Grant easements underlying that part of the surface of the ocean shore owned by the state at such times and at such places as the department finds necessary to permit the extraction and transportation of oil, gas or sulfur from state, federal or private lands; and

����� (b) Issue oil and gas leases underlying the ocean shore under the same terms and conditions as provided in ORS 274.705 to 274.860. [1961 c.619 �2; 1967 c.421 �159; 2005 c.22 �197]

����� 274.712 Limitations on leasing submerged and submersible lands within territorial sea. (1) Notwithstanding any other provision of ORS 274.705 to 274.860 or 520.240, the Department of State Lands is prohibited from leasing any of the submerged and submersible lands within the territorial sea for:

����� (a) The exploration, development or production of oil, gas or sulfur in the territorial sea; or

����� (b) Activities in furtherance of the exploration, development or production of oil, gas or sulfur within federal waters adjacent to the territorial sea.

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

����� (a) To exploration for scientific or academic research purposes, or geologic survey activities of the State Department of Geology and Mineral Industries.

����� (b) In the event the Governor determines that an oil embargo substantially affects the supply of oil to the United States.

����� (3) Any exploration for oil, gas or sulfur in the territorial sea allowed under ORS

ORS 274.705

274.705 to 274.860 shall apply equally to the exploration and leasing of lands subject thereto for the production of sulfur. [1961 c.619 �34; 1967 c.421 �160]

����� 274.720 Effect of ORS 274.705 to 274.860 on power to make other leases and on jurisdiction of agencies other than department. ORS 274.705 to 274.860 shall not:

����� (1) Affect the power of the Department of State Lands to lease mineral rights, including oil, gas and sulfur underlying state lands other than lands subject to ORS 274.705 to 274.860.

����� (2) Affect the power of the department to lease mineral rights, other than oil, gas and sulfur underlying lands subject to ORS 274.705 to 274.860.

����� (3) Affect any oil, gas and mineral lease issued before August 9, 1961, by any agency, board or commission of the State of Oregon.

����� (4) Deprive this state or any agency or instrumentality thereof of its jurisdiction over matters affecting the public health and safety, including but not limited to the control of air and water pollution. [1961 c.619 ��36, 37; 1967 c.421 �161]

����� 274.725 Scope of leases and permits; persons ineligible. (1) Any interests in lands, or lands in fee simple, acquired by the Department of State Lands by purchase, donation, lease condemnation or otherwise, may be made available to any lessee of the state for the purposes contained in ORS 274.705 to 274.860 and upon such terms as may be determined by the department.

����� (2) No permit or lease shall be granted to any person then in violation of any laws or rules applicable to ORS 274.705 to 274.860. [1961 c.619 ��32, 38,43; 1967 c.421 �162]

(Geological and Geophysical Surveys)

����� 274.735 Application for survey permit; effect of permit; rules. (1) The Department of State Lands upon application by any person may permit geological, geophysical and seismic surveys, including the taking of cores and other samples for purposes related to exploration for oil, gas and sulfur on lands subject to ORS 274.705 to

ORS 274.860

274.860, the department shall cause written notice describing the area under consideration and other pertinent information to be transmitted to:

����� (a) State Geologist;

����� (b) Director of Transportation;

����� (c) Director of the Department of Environmental Quality;

����� (d) State Fish and Wildlife Director;

����� (e) The applicant, if any, requesting the lease;

����� (f) Prospective applicants or bidders, by publication thereof in two or more publications of general circulation in the oil and gas industry; and

����� (g) The public, by publication thereof once each week for not less than four weeks in a newspaper of general circulation throughout the State of Oregon, and in addition in a newspaper of general circulation in the county in which the lands lie or the county or counties contiguous to the area under consideration for bidding.

����� (3) The notice shall set forth the place of hearing and shall set its time at not earlier than the 20th day after date of the last newspaper publication.

����� (4) Notwithstanding ORS 183.635, hearings under this section may be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 or may be conducted by a hearing officer designated by the State Land Board. An officer or employee of each interested state agency, board or commission named in subsection (2) of this section may question any witnesses appearing in the hearing, and any interested person may offer evidence and otherwise be heard. [1961 c.619 �6; 1965 c.375 �3; 1967 c.421 �166; 1969 c.593 �34; 1993 c.741 �25; 1999 c.849 ��57,58; 2001 c.104 ��83,84; 2003 c.75 �31]

����� 274.760 Considerations involved in granting lease or easement. After the public hearing the Department of State Lands shall determine whether the granting of an easement or an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the department shall consider whether an easement or a lease or leases of the area under consideration would:

����� (1) Be detrimental to the health, safety, or welfare of persons residing in, owning real property, or working in the neighborhood of such areas;

����� (2) Interfere with the residential or recreation areas to an extent that would render such areas unfit for recreational or residential uses or unfit for park purposes;

����� (3) Destroy, impair or interfere with the aesthetic and scenic values of the Oregon coast, or other affected area;

����� (4) Create any air, water or other pollution;

����� (5) Substantially endanger marine life or wildlife;

����� (6) Substantially interfere with commerce or navigation; and

����� (7) Protect state lands from drainage of oil and gas. [1961 c.619 �7]

����� 274.765 Publishing offer to lease tidal submerged lands; bids; cash bonus; award of lease; fee. (1) The Department of State Lands may offer to lease lands subject to ORS 274.705 to 274.860 by publication of a notice of its intention to do so, once each week for not less than two weeks in two or more newspapers of general circulation in this state, one of which is published or has general circulation in the county in which the lands lie or county or counties contiguous thereto. The notice shall describe the lands so offered, and shall specify the rate of royalty, including the royalty for sulfur, and the rental, the manner in which bids may be filed with the department, the amount of the deposit that must accompany each bid, and the time and place for filing bids, which time shall not be earlier than the 30th day after the date of last publication of such notice. Further, the notice shall state that the lease will be awarded to the bidder offering the highest cash bonus, and that the form of lease, conditions for bidding and bid form may be obtained from the department upon request.

����� (2) Each bid shall be enclosed in a sealed envelope, shall be on the form provided by the department and shall be accompanied by duplicate lease forms executed by the bidder, and by a certified or cashier�s check or checks payable to the State of Oregon in the amount fixed by the department, which sum shall be deposited as evidence of good faith and except in the case of the successful bidder shall be returned to the bidder. If the successful bidder fails to pay the balance of the cash bonus bid and the annual rental for the first year not later than the 15th day after the award of the lease, or fails to post any bond required by the lease or the rules in effect at the date of the invitation for bids within the time prescribed, the amount of the deposit shall be forfeited to the state.

����� (3) At the time and place specified in the notice the department shall publicly open the sealed bids and shall award the lease for each parcel to the bidder who, in addition to complying with all of the conditions for bidding, offers the highest cash bonus. The department may, however, reject any or all bids for cause.

����� (4) Following the award of the lease, the payment by the successful bidder of the balance of the cash bonus, the annual rental for the first year, and the fee specified in this section, and the posting of any required bonds, the department shall execute the lease in duplicate on behalf of the state and transmit one counterpart thereof to the lessee. The lease shall become effective as of the date of such execution.

����� (5) The department shall prescribe a reasonable fee to cover the procedures under this section, which shall be paid by the successful bidder. [1961 c.619 �27; 1967 c.421 �167]

����� 274.770 Prohibited drilling requirements. In leasing lands subject to ORS 274.705 to 274.860, the Department of State Lands may not discriminate between bidders by requiring drilling from:

����� (1) Upland or littoral drill sites;

����� (2) Sites on filled land, whether contiguous or noncontiguous to the littoral lands or uplands; or

����� (3) Any pier, platform or other fixed or floating structure in, on or over lands subject to ORS 274.705 to 274.860, with respect to which this state or any other owner thereof has consented to use. [1961 c.619 �30; 1967 c.421 �168]

(Leases)

����� 274.780 Conditions in leases and permits; execution; delivery of bonds or contracts to department. (1) The form of lease shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with the State Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions, the provisions of ORS 274.780 to 274.860.

����� (2) The form of a permit shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with the State Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions, the provisions of ORS 274.785 (3).

����� (3) All leases and other instruments required in carrying out ORS 274.705 to 274.860 shall be executed by the Department of State Lands. All bonds, contracts and other instruments required by ORS 274.705 to 274.860 for the protection of the interests of this state and political subdivisions, persons and property therein shall be executed and delivered to the department. [1961 c.619 ��9,28; 2003 c.253 �23]

����� 274.785 Exclusive rights granted by lease; requirement of diligence; maximum area; assignment. (1) The lease shall grant the exclusive right to drill for and produce all oil, gas and sulfur deposits in the leased land and be for a primary term of 10 years and for so long thereafter as oil, gas or sulfur is produced in paying quantities from the leased land, or lessee is diligently conducting producing, drilling, deepening, repairing, redrilling or other necessary lease or well maintenance operations on the leased land or is excused from conducting such operations under the terms of the lease.

����� (2) The maximum area which shall be included in any single lease to any person shall be 13,200 acres.

����� (3) No permit, easement or lease, or any portions thereof shall be assignable without the prior written consent of the Department of State Lands. [1961 c.619 ��8,10,22; 1963 c.359 �1]

����� 274.790 Royalties. (1) The Department of State Lands shall specify in the notice described by ORS 274.765 and in the lease the rate of royalty paid under such lease which royalty shall not be less than 12-1/2 percent of gross production, or the value thereof, produced and saved from the leased lands and not used by lessee for operations thereon or for injection therein. Such royalty shall, at the department�s option, be paid in kind or in value, and be computed after an allowance for the actual cost of oil treatment or dehydration of not to exceed five cents per barrel of royalty oil so treated or dehydrated.

����� (2) The royalty for sulfur produced under ORS 274.705 to 274.860 shall not be less than $1 per long ton.

����� (3) The State of Oregon shall have a lien upon all production for unpaid royalties. [1961 c.619 ��11,12; 1967 c.421 �169]

����� 274.795 Rents. The Department of State Lands shall specify a rental payable annually in advance of not less than 50 cents for each acre of land subject to the lease at the rental date. After production has been established, rent paid shall be deducted from any royalty due under the terms of a lease during the year for which such rent has been paid. [1961 c.619 �13]

����� 274.800 Bonds. Sufficient bonding requirements, as determined by the Department of Geology and Mineral Industries, shall be specified to secure to the State of Oregon performance and the faithful compliance by the lessee with the terms of the lease, and further to secure adjacent landowners and the public generally as to all proper claims for damages arising from operations thereunder. [1961 c.619 �14]

����� 274.805 Drill sites. Unless otherwise determined by the Department of State Lands, each well drilled pursuant to the terms of the lease may be drilled or slant drilled to and into the subsurface of the lands covered by the lease from upland or littoral drill sites owned or controlled by the state or owned by or available to the lessee, or from drill sites located upon any filled lands heretofore or hereafter filled, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier heretofore or hereafter constructed owned by or available to the lessee and available for such purpose, or from platforms or other fixed or floating structures in, on or over the lands covered by the lease or otherwise available to the lessee. [1961 c.619 �16; 1967 c.421 �170]

����� 274.810 Commencement of drilling; operational requirements. Subject to the lessee�s right to surrender, the lessee shall commence operations for the drilling of a well within five years from date of the lease and commence production within three years of discovery of oil, gas or sulfur in paying quantities, unless the Department of State Lands shall have, for cause, granted an extension of time for such act. In addition, the lease shall have such exploratory, drilling and producing requirements as the Department of State Lands in consultation with the Department of Geology and Mineral Industries deems necessary to encourage the exercise of due diligence on the part of lessee. [1961 c.619 �20]

����� 274.815 Extension of time when wells to be drilled from filled land or structure. If the lessee, as disclosed by information submitted with the bid of the lessee, proposes to drill one or more wells from filled land, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier or from platforms or other fixed or floating structures to be constructed for such purpose, and if permission from any federal or state agency is legally required in order to construct any such filled lands or structures, the lessee shall be allowed a reasonable time following the execution of the lease within which to secure the necessary permission from such federal and state agencies as shall be legally required, and, upon the securing of such permission, a further reasonable time, determined with regard to the nature of the filled lands or structure or structures to be constructed within which to commence operations for the drilling of such well or wells, and if necessary, the drilling term provided for in ORS 274.810 shall be extended by the Department of State Lands to the date to which the time to commence operations for the drilling of such well or wells has been extended. [1961 c.619 �19]

����� 274.820 Water contamination or pollution. (1) Avoidable pollution or avoidable contamination of the ocean and of the waters covering lands subject to ORS 274.705 to 274.860, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering lands subject to ORS 274.705 to 274.860, or any substantial impairment of and interference with the enjoyment and use thereof, including but not limited to bathing, boating, fishing, fish and wildlife production, and navigation, shall be prohibited, and the lessee shall exercise a high degree of care to provide that no oil, tar, residuary product of oil or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any other waters covering lands subject to ORS 274.705 to 274.860. However, this section does not apply to the deposit on or passage into such waters of water not containing any hydrocarbons or vegetable or animal matter.

����� (2) For the purposes of this section, �avoidable pollution� or �avoidable contamination� means pollution or contamination arising from:

����� (a) The acts or omissions of the lessee or its officers, employees or agents; or

����� (b) Events that could have been prevented by the lessee or its officers, employees or agents through the exercise of a high degree of care. [1961 c.619 �18; 1967 c.421 �171]

����� 274.825 Nonconflicting use of leased lands. The State of Oregon reserves the right to permit reasonable nonconflicting uses, including seismic surveys but excluding core hole drilling, on lands under lease as long as:

����� (1) Such uses do not unreasonably impair or interfere with operations of the lessee; and

����� (2) Requirement is made that the permittee indemnify the lessee against any damage caused by such use. [1961 c.619 �21; 1999 c.59 �71]

����� 274.830 Protecting lands from drainage. The lessee shall at all times proceed with due diligence to protect the leasehold from drainage by wells on lands not owned by the state. [1961 c.619 �23]

����� 274.835 Conformance to laws and regulations; periodic negotiations. It shall be a continuing condition of such lease that the lessee shall conform to all applicable laws of the State of Oregon and all duly promulgated rules and regulations pursuant thereto in effect at the date of the invitation for bids in pursuance of which the lease was awarded. Periodic mutual negotiations between lessee and lessor may be carried out to make conditions, rules and regulations current as warranted by changes in environment or operational methods. [1961 c.619 �26]

����� 274.840 Continuation of lease after cessation of production. In the event production on the leasehold shall cease at any time or from time to time, before or after the expiration of the primary term of the lease, the lease shall nevertheless continue in full force and effect if the lessee shall, within six months after the cessation of production or within such longer period of time as the Department of State Lands may authorize, commence and thereafter prosecute with reasonable diligence drilling, deepening, repairing, redrilling or other operations for the restoration of production of oil, gas or sulfur from the leased lands. [1961 c.619 �15]

����� 274.845 Surrender of lease. The lessee may at any time file with the Department of State Lands a written surrender of all rights under the lease or any portion thereof or any separate or distinct zone or geological horizon or any portion thereof. Such surrender shall be effective as of the date of its filing subject to the continuing obligation of the lessee to pay all rentals and royalties theretofore accrued and to place all wells on the lands or in the zones or horizons surrendered in condition for suspension or abandonment in accordance with the applicable lease terms, regulations and law. Thereupon the lessee shall be released from all obligations under such lease with respect to the lands, zones or horizons surrendered, but no such surrender shall release such lessee from any liability for breach of any monetary obligation of the lease with respect to which such lessee is in default at the time of the filing of such surrender. [1961 c.619 �24]

����� 274.850 Cancellation of lease; partial retention of leasehold; removal of equipment. The Department of State Lands shall reserve and may exercise the authority to cancel any lease upon which oil, gas or sulfur has not been discovered in paying quantities, upon failure of the lessee after 30 days� written notice and demand for performance to exercise due diligence and care in the prosecution of the prospecting or development work in accordance with the terms of the lease. After discovery of oil, gas or sulfur in paying quantities on lands subject to any lease, such lease may be forfeited and canceled only by appropriate judicial proceedings upon failure of the lessee after 90 days� written notice and demand for performance to comply with any of the provisions of the lease or of laws or regulations applicable thereto and in force at the date of the invitation for bids in pursuance of which the lease was awarded; provided, however, that in the event of any such cancellation, the lessee shall have the right to retain under such lease any and all drilling or producing wells as to which no default exists, together with a parcel of land surrounding each such well and such rights of way through the leased lands as may be reasonably necessary to enable such lessee to drill and operate such retained well or wells. In the event of the cancellation of any lease, the lessee shall have a reasonable time within which to remove all property, equipment and facilities owned or used by the lessee in connection with operations under the lease. [1961 c.619 �25]

����� 274.855 Restoration of leasehold to original condition. Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Department of State Lands may require that the permittee or lessee, within a reasonable time, restore that portion of the premises that is visible at extreme low tide to substantially its original condition. [1961 c.619 �17]

����� 274.860 Protection and location of filled lands. Under a lease entered into by the Department of State Lands pursuant to ORS 274.705 to 274.860, the fill constituting filled lands may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location approved by the Department of State Lands, in consultation with the Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions. [1961 c.619 �31]

����� 274.865 [1961 c.619 �29; repealed by 1967 c.421 �206]

����� 274.867 [2007 c.591 �3; 2013 c.345 �1; 2015 c.386 �6; renumbered 274.879 in 2015]

(Ocean Renewable Energy Facility Siting)

����� 274.870 Definitions for ORS 274.870 to 274.879. As used in ORS 274.870 to 274.879:

����� (1) �Commercial operation� means a project undertaken to generate ocean renewable energy for a purposes other than research, demonstration or personal use and that has financial profit as a goal.

����� (2) �Ocean renewable energy� means electricity that is generated through:

����� (a) The conversion of energy contained in the natural properties of the ocean, including but not limited to energy contained in waves and swells, the tides and currents, ocean temperature and salinity gradients; and

����� (b) Ocean offshore wind power.

����� (3) �Ocean renewable energy facility� means any energy conversion technology or device that is used as a necessary component of a research project, demonstration project or commercial operation to generate ocean renewable energy, including but not limited to all buoys, anchors, energy collectors, cables, control and transmission lines, and other equipment necessary or useful to the project or operation.

����� (4) �Person� means a person as defined in ORS 174.100, a public body as defined in ORS

ORS 276.591

276.591, an agency may establish fees below the base rate, or provide reduced-cost or free parking:

����� (a) For employees who have been issued a disabled person parking permit by the Department of Transportation and require the use of their vehicle in traveling to and from work;

����� (b) For employees who have registered with and are participating in a carpool or vanpool;

����� (c) For employees participating in a program which encourages the use of parking spaces in noncongested areas;

����� (d) For motorcycles, bicycles and similar vehicles;

����� (e) To reduce a public hardship to those transacting business with the state agency or using the state agency services, but not including state employees; or

����� (f) Where conditions show that within the area there is no market or a reduced market for parking spaces.

����� (4) The state agency that controls the parking facility retains funds collected under this section. Funds collected under this section must be first used to cover the costs of parking as provided under subsection (2)(a) of this section. Agencies are encouraged to use additional receipts obtained under this section to offer programs to incentivize employee carpooling, vanpooling, transit use or other alternative commuting to support the goals under ORS 276.591.

����� (5) Subject to rules established by the department, an agency may establish fees in excess of the base rate for individually reserved parking spaces or parking spaces with greater desirability or quality.

����� (6) The state agency may designate spaces within a parking facility that are not leased as available to the public as free or metered spaces.

����� (7) Except as provided in this section, a state agency may not provide an employee with parking vouchers or reduced or free parking within a parking facility. [1981 c.591 �4; 2021 c.107 �4]

BUILDINGS AT STATE INSTITUTIONS; STATE BUILDING FUND

����� 276.610 State Building Fund. There is established a fund in the State Treasury to be known as the State Building Fund which shall be used for the construction, alteration and repair of buildings required for use of institutions and activities under the jurisdiction of the Department of Corrections, the Department of Human Services, the Oregon Health Authority, the governing boards of public universities listed in ORS 352.002 or the State Board of Education and for the furnishing and equipping of buildings so constructed, altered or repaired. [Amended by 1969 c.597 �51; 1987 c.320 �153; 2009 c.595 �195; 2013 c.768 �121; 2015 c.767 �77]

����� 276.612 Determining buildings to be constructed, altered, repaired, furnished and equipped. The Department of Corrections, the Department of Human Services, the Oregon Health Authority and the State Board of Education each shall determine the buildings to be constructed, altered, repaired, furnished and equipped for the use of institutions and activities under their respective jurisdictions. The governing board of a public university listed in ORS 352.002 shall determine the buildings to be constructed, altered, repaired, furnished and equipped for the use of public universities or offices, departments or activities under its jurisdiction. [Amended by 1969 c.597 �52; 1987 c.320 �154; 1991 c.703 �4; 1995 c.79 �94; 2009 c.595 �196; 2011 c.637 �87; 2013 c.768 �122; 2015 c.767 �78]

����� 276.614 [Repealed by 1969 c.597 �281]

OPTIONS

����� 276.625 Authority to acquire options; contingency; legislative review agency approval. The Oregon Department of Administrative Services may acquire options, enter into earnest money agreements and enter into similar arrangements to obtain the right to acquire real property, any improvements erected upon the property and any appurtenances connected with the property. However, the department�s exercise of any rights under such an option, agreement or arrangement, shall be made contingent upon the department first obtaining the approval of the legislative review agency as defined in ORS 291.371. Before removing the contingency, the department shall first obtain the approval of the proposed purchase from the legislative review agency as defined in ORS 291.371. [1985 c.276 �2; 2016 c.117 �45]

����� 276.710 [Repealed by 1981 c.126 �6]

����� 276.712 [Repealed by 1981 c.126 �6]

����� 276.714 [Repealed by 1981 c.126 �6]

����� 276.716 [Repealed by 1981 c.126 �6]

����� 276.718 [Repealed by 1981 c.126 �6]

����� 276.720 [Repealed by 1981 c.126 �6]

����� 276.722 [Repealed by 1981 c.126 �6]

����� 276.724 [Repealed by 1981 c.126 �6]

����� 276.726 [Repealed by 1981 c.126 �6]

����� 276.728 [Repealed by 1981 c.126 �6]

����� 276.730 [Repealed by 1981 c.126 �6]

COMMUNITY HOUSES

����� 276.732 Community houses in cities; constructing; financing; use. Any incorporated city may purchase a necessary site within its boundaries and erect and maintain thereon a community house for the benefit of the soldiers, sailors and marines of the Army and Navy of the United States, or persons who have been inducted into the service of such army or navy. For that purpose the city may levy taxes or issue and sell bonds of such city when empowered so to do by the electors of such city as provided in ORS 276.734. Such city may, by ordinance, prescribe rules and regulations and conditions upon which such community house may be used, occupied and governed.

����� 276.734 Submission of issues to electors. The council or other governing body of any city desiring to construct and maintain a community house under ORS 276.732 may submit the issues to the electors of the city at any regular or special election held within such city. At the election the electors of the city shall designate the maximum amount of money to be expended for the community house and shall specify the manner by which funds shall be secured for that purpose, whether by taxation or the sale of the bonds of the municipality.

����� 276.736 Levy of tax; sale of bonds; construction and maintenance of houses. The council or other governing body of the city, when authorized by vote of the majority of the electors thereof, shall:

����� (1) Levy the tax or issue and sell bonds as directed by such vote, not to exceed the maximum amount authorized.

����� (2) Purchase a site and erect and thereafter maintain the community house.

����� (3) Adopt ordinances regulating and governing the use and occupancy of the community house.

����� 276.800 [1975 c.280 �1; repealed by 1989 c.97 �1]

����� 276.805 [1975 c.280 �3; repealed by 1989 c.97 �1]

����� 276.810 [1975 c.280 �2; repealed by 1989 c.97 �1]

����� 276.815 [1975 c.280 �4; repealed by 1989 c.97 �1]

����� 276.820 [1975 c.280 �5; repealed by 1989 c.97 �1]

����� 276.825 [1975 c.280 �6; 1983 c.389 �1; 1985 c.731 �23; repealed by 1989 c.97 �1]

����� 276.830 [1975 c.280 �7; repealed by 1989 c.97 �1]

����� 276.840 [1975 c.280 �8; repealed by 1989 c.97 �1]

����� 276.845 [1975 c.280 �9; repealed by 1989 c.97 �1]

����� 276.850 [1975 c.280 �10; repealed by 1989 c.97 �1]

����� 276.855 [1975 c.280 �11; repealed by 1989 c.97 �1]

����� 276.860 [1975 c.280 �12; repealed by 1989 c.97 �1]

����� 276.865 [1975 c.280 �13; repealed by 1989 c.97 �1]

����� 276.870 [1975 c.280 �14; repealed by 1989 c.97 �1]

����� 276.875 [1975 c.280 �15; repealed by 1989 c.97 �1]

����� 276.880 [1975 c.280 �16; repealed by 1989 c.97 �1]

����� 276.885 [1975 c.280 ��17,18; repealed by 1989 c.97 �1]

����� 276.890 [1975 c.280 �19; repealed by 1989 c.97 �1]

STATE AGENCY FACILITY ENERGY DESIGN

����� 276.900 Policy. It is the policy of the State of Oregon that facilities to be constructed or purchased by authorized state agencies be designed, constructed, renovated and operated so as to minimize the use of energy resources and to serve as models of energy efficiency. [1979 c.734 �1; 1989 c.556 �1; 2001 c.683 �1; 2008 c.26 �1]

����� Note: 276.900 to 276.915 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 276.905 Definitions for ORS 276.900 to 276.915. As used in ORS 276.900 to 276.915, unless the context requires otherwise:

����� (1) �Alternative energy system� means an environmentally sound energy system that uses power derived from renewable resources including, but not limited to, the sun, wind, geothermal sources and heat recovery.

����� (2) �Authorized state agency� means a state agency, board, commission, department or division that is authorized to finance the construction, purchase or renovation of a facility that is or will be used by the State of Oregon.

����� (3) �Cost-effective� means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison must include, but need not be limited to:

����� (a) Cost escalations and future availability of fuels;

����� (b) Waste disposal and decommissioning costs;

����� (c) Transmission and distribution costs;

����� (d) Geographic, climatic and other differences in the state; and

����� (e) Environmental impact.

����� (4) �Energy conservation measure� means a measure primarily designed to reduce the use of energy resources in a facility.

����� (5) �Energy consumption analysis� means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components and the external energy load imposed on a major facility by the climatic conditions of its location. �Energy consumption analysis� includes, but is not limited to:

����� (a) The comparison of a range of alternatives that is likely to include all reasonable, cost-effective energy conservation measures and alternative energy systems;

����� (b) The simulation of each system over the entire range of operation of a major facility for a year�s operating period;

����� (c) The evaluation of energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs; and

����� (d) The consideration of alternative energy systems.

����� (6) �Energy performance contract� has the meaning given that term in ORS 279A.010.

����� (7) �Energy systems� means all utilities, including but not limited to heating, cooling, ventilation, lighting and the supply of domestic hot water.

����� (8) �Facility� means a building or other structure owned or controlled by an authorized state agency that is used or occupied by employees of the authorized state agency or that is used for conducting public business.

����� (9) �Major facility� means a facility that has 10,000 square feet or more of usable floor space.

����� (10) �Performance guarantee� means an enforceable agreement between an authorized state agency and a qualified energy service company that:

����� (a) Allocates responsibilities between the authorized state agency and the qualified energy service company for achieving the purposes of an energy performance contract;

����� (b) Specifies conditions under which the qualified energy service company will guarantee savings, reductions, benefits or other purposes specified in the energy performance contract;

����� (c) Specifies a term during which the agreement remains valid; and

����� (d) Provides remedies to the authorized state agency, including damages and appropriate equitable relief, if a fixture, furnishing or system that the qualified energy service company recommends, designs and constructs, fabricates, assembles or installs into a facility fails to achieve the savings, reductions, benefits or other purposes specified in the energy performance contract.

����� (11) �Qualified energy service company� means a person that:

����� (a) Has demonstrated a technical, operational, financial and managerial capability for, and a prior record of success in, identifying and assessing needs for and recommending, designing and constructing, fabricating, assembling or installing fixtures, furnishings or systems that meet the requirements of an energy performance contract;

����� (b) Has developed expertise in measuring and verifying energy use and reductions in energy use, expertise in identifying greenhouse gas emissions and methods for reducing greenhouse gas emissions or expertise in methods of providing savings, reductions or other benefits that an authorized state agency may seek through an energy performance contract; and

����� (c) Otherwise meets standards that the State Department of Energy or an authorized state agency specifies for prequalification.

����� (12) �Renovation� means an addition to, alteration of or repair of a facility that adds to or alters the facility�s energy systems, provided that the affected energy systems account for 50 percent or more of the facility�s total energy use. [1979 c.734 �2; 1987 c.320 �155; 1989 c.556 �2; 2001 c.683 �2; 2008 c.26 �2; 2025 c.161 �1]

����� Note: See note under 276.900.

����� 276.910 Use of fuel cell power systems in state agency facilities; rules. (1) Before constructing or renovating a major facility, an authorized state agency shall, after comparing various equipment options and to the greatest extent practicable, use fuel cell power systems for emergency backup power applications and for critical power applications in lieu of other equipment options.

����� (2)(a) The State Department of Energy shall, in consultation with the Oregon Department of Administrative Services, adopt rules establishing criteria for the comparison of fuel cell power systems and other equipment options required by subsection (1) of this section.

����� (b) Criteria to be established under this subsection must address:

����� (A) The impact of emissions, including but not limited to nitrous oxide, sulfur oxide, carbon monoxide, carbon dioxide and particulates, from various equipment options, on the environment, regardless of whether the equipment is installed indoors or installed outdoors;

����� (B) Life cycle costs, including but not limited to acquisition costs, installation and commissioning costs, siting and permitting costs, maintenance costs and fueling and decommissioning costs; and

����� (C) The complexity of equipment options and any ancillary equipment. [2009 c.748 �6]

����� Note: 276.910 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 276.915 Energy design requirements; rules; fees; waiver. (1) An authorized state agency may construct or renovate a facility only if the authorized state agency determines that the design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems. The determination by the authorized state agency shall include consideration of indoor air quality issues and operation and maintenance costs.

����� (2) Whenever an authorized state agency determines that a major facility is to be constructed or renovated, the authorized state agency shall cause to be included in the design phase of the construction or renovation a provision that requires an energy consumption analysis to be prepared for the facility under the direction of a professional engineer or registered architect or under the direction of a person that is prequalified in accordance with this section. The authorized state agency and the State Department of Energy shall agree to the list of energy conservation measures and alternative energy systems that the energy consumption analysis will include. The energy consumption analysis and facility design must be delivered to the State Department of Energy during the design development phase of the facility design. The State Department of Energy shall review the energy consumption analysis and forward the department�s findings to the authorized state agency within 10 working days after receiving the energy consumption analysis, if practicable.

����� (3) The State Department of Energy, in consultation with authorized state agencies, shall adopt rules to carry out the provisions of ORS 276.900 to 276.915. These rules must:

����� (a) Include a simplified and usable method for determining which energy conservation measures and alternative energy systems are cost-effective. The method must reflect the energy costs of the utility serving the facility.

����� (b) Prescribe procedures for determining if a facility design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems.

����� (c) Establish fees through which an authorized state agency will reimburse the State Department of Energy for the department�s review of energy consumption analyses and facility designs and the department�s reporting tasks. The fees imposed may not exceed 0.2 percent of the capital construction cost of the facility and must be included in the energy consumption analysis required in subsection (2) of this section. The State Department of Energy may provide for a waiver of fees and reviews if the authorized state agency demonstrates that the facility will be designed and constructed in a manner that incorporates only cost-effective energy conservation measures or in a manner that exceeds the energy conservation provisions of the state building code by 20 percent or more.

����� (d) Periodically define highly efficient facilities. A facility constructed or renovated after June 30, 2001, shall exceed the energy conservation provisions of the state building code by 20 percent or more, unless otherwise required by rules adopted under this section.

����� (e) Establish guidelines for incorporating energy efficiency requirements into lease agreements of 10 or more years to be phased in as current lease agreements expire or as new lease agreements are entered into, allowing reasonable time for the owner to implement the requirements of this section.

����� (f) Establish criteria by which the State Department of Energy determines that a person is prequalified and approves the person to perform work in accordance with this section.

����� (4) An authorized state agency shall report annually to the State Department of Energy concerning energy use in the authorized state agency�s facilities. The State Department of Energy shall specify by rule the form and content of and deadlines for the reports. The rules must minimize costs to state agencies of the reports and minimize duplication of reporting requirements for building energy performance standards under ORS 469.275 to 469.291.

����� (5) The State Department of Energy by rule may require mandatory prequalification as a condition for a person to submit a bid or proposal to perform the following work for an authorized state agency:

����� (a) Direct an energy consumption analysis for an authorized state agency under subsection (2) of this section, unless the person is a professional engineer or a registered architect;

����� (b) Enter into an energy performance contract as a qualified energy service company; or

����� (c) Perform energy audits, building commissioning, monitoring and verification services and other services related to the operation and management of a facility�s energy systems, except for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services as defined in ORS 279C.100.

����� (6)(a) An authorized state agency may enter into an energy performance contract with a qualified energy service company for the purpose of meeting requirements set forth in this section and for other purposes for which the authorized state agency determines that an energy performance contract is appropriate for constructing or renovating a facility.

����� (b) An authorized state agency may enter into an energy performance contract without conducting a competitive procurement under ORS 279C.335 if:

����� (A) The authorized state agency negotiates a performance guarantee for the benefits that the energy performance contract will provide to the authorized state agency; and

����� (B) The authorized state agency enters into the energy performance contract:

����� (i) In accordance with rules the Attorney General adopts under ORS 279A.065; and

����� (ii) With a qualified energy service company that the State Department of Energy has prequalified under subsection (3)(f) of this section and has listed as an approved contractor.

����� (7) The State Department of Energy may recover from authorized state agencies the costs associated with administering the provisions of this section, including costs associated with adopting rules, maintaining a state energy use database and prequalifying a person under this section.

����� (8) The State Department of Energy and the Oregon Department of Administrative Services shall jointly prepare a biennial report summarizing the progress toward achieving the goals of this section. The biennial report shall be made available to the public. [1979 c.734 �3; 1989 c.556 �3; 1995 c.551 �18; 2001 c.683 �3; 2008 c.26 �3; 2009 c.259 �24; 2011 c.458 �7; 2013 c.196 �19; 2015 c.767 �79; 2025 c.91 �1; 2025 c.161 �2]

����� Note: See note under 276.900.

PENALTIES

����� 276.990 Penalties. (1) Subject to ORS 153.022, a person who violates any rule lawfully promulgated under this chapter commits a Class A violation.

����� (2) Any agency or officer of the state having authority to regulate parking may enter into agreements or contracts with any county, city or political subdivision under such terms as the agency or officer considers advisable to prosecute violations of subsection (1) of this section.

����� (3) Any person who in any way intentionally or maliciously damages or obstructs any water line of the public buildings and grounds or state institution or in any way contaminates or renders the water impure or injurious is guilty of a misdemeanor and shall, upon conviction, be punished as provided in ORS 431.990 for violation of the statutes enumerated therein. [Amended by 1967 c.450 �4; 1969 c.199 �47; 1973 c.663 �1; 1977 c.50 �1; 1977 c.598 �27; 1999 c.1051 �170]

ORS 283.327

283.327, when purchasing or leasing vehicles;

����� (b) Adopting policies and rules that promote the goals set forth in this section; and

����� (c) Considering recommendations submitted in the report required by ORS 283.401 that relate to zero-emission vehicles and adopting the recommendations when feasible. [2019 c.565 �1; 2021 c.97 �22]

����� Note: 283.398 and 283.401 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 283.400 [1979 c.230 �1; repealed by 1991 c.399 �6]

����� 283.401 Report concerning utilization of zero-emission vehicles within state; recommendations for legislation. (1) On or before September 15 of each odd-numbered year, the State Department of Energy shall submit to the Governor and an interim committee of the Legislative Assembly related to the environment a report on adoption of zero-emission vehicles in this state and the progress the state is making to achieve reductions in greenhouse gas emissions in the transportation sector. The report shall provide:

����� (a) A review, using existing studies, market reports, polling data or other publicly available information, of the market in this state for zero-emission vehicles and any barriers to adopting zero-emission vehicles in this state;

����� (b) An assessment of the state�s progress in promoting the goals set forth in ORS 283.398; and

����� (c) The date on which the state is predicted to meet the goals set forth in ORS 283.398.

����� (2) The department may contract with third parties to assist in performing the duties described in subsection (1) of this section.

����� (3) The department shall assess the state�s progress under subsection (1)(b) of this section. The assessment must focus on commercially available, or near-commercially available, zero-emission vehicle technology, to the extent possible, and rely on existing studies, data and analysis. In the assessment, the department shall evaluate:

����� (a) Whether the transportation sector is on course to reduce the share of greenhouse gas emissions from motor vehicles, as defined in ORS 801.360, consistent with the greenhouse gas emissions reduction goals set forth in ORS 468A.205.

����� (b) The sales figures and numbers of zero-emission vehicles that are owned in Oregon, including forecasts as to whether:

����� (A) By 2020, 50,000 registered motor vehicles will be zero-emission vehicles;

����� (B) By 2025, at least 250,000 registered motor vehicles will be zero-emission vehicles;

����� (C) By 2030, at least 25 percent of registered motor vehicles, and at least 50 percent of new motor vehicles sold annually, will be zero-emission vehicles; and

����� (D) By 2035, at least 90 percent of new motor vehicles sold annually will be zero-emission vehicles.

����� (c) The sales figures and numbers of zero-emission vehicles that are owned in Oregon, differentiated, to the extent feasible, by demographic factors, including whether persons that own zero-emission vehicles reside in urban or rural areas.

����� (d) The availability and reliability of public and private electric vehicle charging infrastructure that is needed to support the targets for zero-emission vehicle sales and registration identified in paragraph (b) of this subsection. The department shall assess reliability under this paragraph only if the department requests and obtains information on reliability from providers of electric vehicle charging infrastructure.

����� (e) The incremental purchase cost difference, before and after federal and state incentives, between the purchase cost of a zero-emission vehicle and the purchase cost of a comparable vehicle powered by an internal combustion engine.

����� (f) The zero-emission vehicles that are available for purchase in all market segments.

����� (g) Oregonians� awareness of motor vehicle options, the benefits of owning zero-emission vehicles and the true costs of motor vehicle ownership.

����� (h) The carbon intensity of fuel consumed by the Oregon transportation sector as a whole.

����� (i) The general progress toward electrification of all fossil fuel-based transportation modes.

����� (j) Opportunities to minimize impacts to the electric grid from transportation electrification, including rate design, managed charging, vehicle-to-grid services and electricity conservation techniques.

����� (k) In consultation with the Department of Transportation, the impact of the sales and ownership of zero-emission vehicles on revenues that would otherwise accrue to the State Highway Fund under ORS 366.505.

����� (4) If the State Department of Energy determines that the state is not on course to meet the goals set forth in ORS 283.398, the department shall make recommendations in the report required by this section, including recommendations for legislation. Recommended legislation:

����� (a) May not mandate required levels of motor vehicle sales.

����� (b) Must promote the zero-emission vehicle market, address barriers to adoption of zero-emission vehicles in the light-duty portion of the transportation sector, encourage transportation electrification and further the goals set forth in ORS 283.398. [2019 c.565 �2]

����� Note: See note under 283.398.

����� 283.405 [1979 c.230 �2; repealed by 1991 c.399 �6]

ELECTRIC VEHICLE CHARGING SYSTEMS

����� 283.410 Conditions for installation of electric vehicle charging systems authorized or funded by state agencies; exception. (1) As used in this section:

����� (a) �Electric vehicle charging system� means an electrical system or device used solely for the delivery of electrical current for the purpose of charging one or more electric vehicles.

����� (b) �Equivalent training program� means a registered apprenticeship or continuing education electrician program for the installation of an electric vehicle charging system that is developed in accordance with a national guideline standard approved by the United States Department of Labor, in consultation with the United States Department of Transportation, and approved by the Electrical and Elevator Board.

����� (c) �State agency� means any state office, department, division, bureau, board or commission or any other state agency.

����� (2)(a) A state agency that authorizes or funds, in whole or in part, the installation of an electric vehicle charging system to be located on the customer�s side of the meter shall require as a condition of the authorization or funding that:

����� (A) The electric vehicle charging system be installed by a contractor or contractors who hold all licenses legally required to perform the electrical installation work;

����� (B) The electric vehicle charging system be installed by a contractor or contractors who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification; and

����� (C) One or more electricians who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification supervise or participate in the installation work for the periods during which electrical installation work is being performed.

����� (b) In addition to the requirements under paragraph (a) of this subsection, when the installation is for an electric vehicle charging system to be located on the customer�s side of the meter that will supply 25 or more kilowatts to an electric vehicle, the state agency shall require that at least 25 percent of electricians who are present and working on the installation hold Electric Vehicle Infrastructure Training Program or equivalent training program certifications.

����� (3) The requirements under this section do not apply to the installation of an electric vehicle charging system for a single-family dwelling, townhouse or multifamily residential building with four or fewer residential units. [2023 c.577 �1; 2023 c.577 �2]

����� Note: 283.410 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MASTER ASBESTOS MANAGEMENT PLAN

����� 283.415 Legislative findings; policy. The Legislative Assembly finds and declares that:

����� (1) Asbestos has been found to be a human carcinogen. There is no known safe level for human exposure to asbestos. Ailments caused by asbestos can become manifest many years after exposure.

����� (2) In a decayed or damaged state, asbestos can pose a health risk to employees, adults in custody, patients or residents of state institutions. This state does not know where asbestos-containing materials exist in its buildings nor in what condition those materials are to be found.

����� (3) It is the goal of the Legislative Assembly to assure that state facilities are safely maintained and operated. It is, therefore, the policy of the Legislative Assembly that:

����� (a) A Master Asbestos Management Plan be developed that will assure orderly well-reasoned asbestos control and abatement.

����� (b) As any conditions of immediate hazard to health become known, they be acted on promptly in accordance with the Master Asbestos Management Plan.

����� (c) The plan include standards for employee awareness and training.

����� (d) The Oregon Department of Administrative Services be the agency to develop and centrally manage the plan for this state.

����� (e) Each agency cooperate fully in carrying out the plan.

����� (f) The State of Oregon engage in a long-term commitment to control the asbestos hazard in state facilities through control and abatement. [1989 c.1037 �1; 2019 c.213 �128]

����� Note: 283.415 to 283.425 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 283.417 Definitions for ORS 283.415 to 283.425. As used in ORS 283.415 to 283.425, unless the context requires otherwise:

����� (1) �Agency� means each branch, institution, department, board or commission of the state which owns, leases or operates facilities capable of containing asbestos.

����� (2) �Asbestos abatement� means measures to control fiber release from asbestos-containing materials, including its removal, encapsulation and enclosure.

����� (3) �Department� means the Oregon Department of Administrative Services. [1989 c.1037 �2; 1993 c.500 �42]

����� Note: See note under 283.415.

����� 283.419 Department to develop and administer asbestos abatement standards, plans and procedures. The Oregon Department of Administrative Services shall develop and administer standards, plans and procedures for the abatement of asbestos by all agencies in all state-owned, leased or operated facilities. Standards, plans and procedures include development of:

����� (1) A survey of all state-owned, leased or operated facilities to identify the presence, nature and condition of or the absence of asbestos-containing materials in each one.

����� (2) An establishment of priorities of facilities for abatement in order of the nature or extent of asbestos exposure they present.

����� (3) Specifications and standards for acceptable asbestos abatement practices, projects and materials management.

����� (4) A checklist to guide and advise agency investigation, planning and implementation of asbestos abatement.

����� (5) Standard bid specifications, criteria for awarding bids and contract language for asbestos related contracts.

����� (6) A state government emergency response plan to deal with any facilities presenting extreme and immediate risk.

����� (7) Employee awareness, training and worker protection plans.

����� (8) Such other standards, plans and procedures as the department may require for the safe and economical abatement of asbestos by agencies. [1989 c.1037 �3; 2005 c.22 �202]

Note: See note under 283.415.

����� 283.421 Agency responsibility for abatement of asbestos. Each agency shall take the necessary steps for abatement of asbestos in its facilities in conformance with the standards, plans and procedures approved by the Oregon Department of Administrative Services. Those steps shall include:

����� (1) Making inspections and providing information as requested by the department.

����� (2) Scheduling its structures for necessary abatement consistent with the department�s priorities.

����� (3) Contracting for or performing any necessary abatement in accordance with department standards, plans and procedures for abatement.

����� (4) Training appropriate agency employees to recognize and work safely with asbestos-containing materials to comply with applicable regulations of the Department of Consumer and Business Services and Department of Environmental Quality. [1989 c.1037 �4; 1993 c.744 �224]

����� Note: See note under 283.415.

����� 283.423 Expenses of department. The expenses of the Oregon Department of Administrative Services, as approved by the Legislative Assembly or the Emergency Board, for developing and administering the state�s plans for asbestos abatement and for property damage recovery litigation by the Department of Justice, unless the Legislative Assembly or the Emergency Board provides otherwise, shall be paid by assessment against the agencies owning, leasing or operating facilities based on square footage of affected buildings and lineal footage of affected tunnels. [1989 c.1037 �5]

����� Note: See note under 283.415.

����� 283.425 Costs of litigation. The costs of asbestos property damage recovery litigation incurred by the Department of Justice shall be charged to the Oregon Department of Administrative Services pursuant to ORS 180.160 and 180.170. [1989 c.1037 �6]

����� Note: See note under 283.415.

����� 283.500 [1995 c.634 �1; renumbered

ORS 285.380

285.380 in 1991]

����� 280.385 [1975 c.316 �16; 1983 c.459 �12; renumbered 285.385 in 1991]

����� 280.390 [1975 c.316 �17; 1979 c.284 �130; renumbered 285.390 in 1991]

����� 280.393 [1983 c.459 �6; 1989 c.908 �37; renumbered 285.393 in 1991]

����� 280.395 [1983 c.459 �7; 1989 c.966 �14; renumbered 285.395 in 1991]

����� 280.397 [1983 c.459 �8; 1985 c.806 �7; 1987 c.840 �5; 1989 c.908 �38; renumbered 285.397 in 1991]

CITY AND COUNTY ECONOMIC DEVELOPMENT PROJECTS

(Cities)

����� 280.410 Definitions for ORS 280.410 to 280.485. As used in ORS 280.410 to 280.485 unless the context requires otherwise:

����� (1)(a) �Economic development project� includes any properties, real or personal, used or useful in connection with a revenue producing enterprise.

����� (b) �Economic development project� also includes multiple unit residential housing development, including low income single room occupancy housing, on land having an assessed valuation of $8 per square foot or more on September 13, 1975, land within a designated urban renewal or redevelopment area formed pursuant to ORS chapter 457, or projects which benefit low or moderate income tenants, or address slum and blight as defined by the 1974 Housing and Community Development Act.

����� (c) �Economic development project� shall not include any facility or facilities designed primarily for the operation, transmission, sale or distribution of electrical energy.

����� (2) �Eligible project� means an economic development project found by the city to meet standards adopted pursuant to ORS 280.410 to 280.485.

����� (3) �City� means any city with a population of 70,000 or more.

����� (4) �Cost� as applied to any project includes:

����� (a) The cost of construction and reconstruction;

����� (b) The cost of acquisition of property, including rights in land and other property, both real and personal and improved and unimproved and the cost of site improvements;

����� (c) The cost of demolishing, removing or relocating any buildings or structures on lands so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved or relocated;

����� (d) The cost of eligible machinery and equipment and related financing charges;

����� (e) The cost of engineering and architectural surveys, plans and specifications;

����� (f) The cost of financing charges and interest prior to and during construction, and if deemed advisable by the city for a period not exceeding one year after completion of construction; and

����� (g) The cost of consultant and legal services, other expenses necessary or incident to determining the feasibility or practicability of constructing a project, administrative and other expenses necessary or incident to the construction of the project, including, but not limited to, costs of relocation and moving expenses according to a project plan developed by the city, and the financing of the construction of the project thereof, including reimbursement to any state or other governmental agency or any lessee of such project for the expenditures made with the approval of the city that would be costs of the project under ORS 280.410 to 280.485 had they been made directly by the city.

����� (5) �Low income� means an income not exceeding 80 percent of the prevailing median income, based on family size, within the city. [1977 c.772 �2; 1979 c.865 �1; 1981 c.368 �1; 1991 c.560 �1; 2003 c.286 �1]

����� 280.415 Legislative findings. The Legislative Assembly finds that:

����� (1) Cities with a population of 70,000 or more should be granted the powers granted to the state by ORS 285B.320 to 285B.371 in order to reduce substantially within their boundaries the occurrence of economic conditions requiring more expensive remedial action. There exist in Oregon�s larger cities substantial adverse economic conditions requiring immediate remedial action. Such conditions include decreasing opportunities for gainful employment and lack of sites and facilities for orderly and necessary retail, commercial and industrial growth. Amelioration of these conditions is deemed a public purpose and the acquisition of property for such purpose is deemed a public use. To meet the needs of these cities it is necessary to grant them full authority to undertake and complete development and redevelopment projects, and to assist public and private organizations engaged in such projects, including the issuance of industrial or other nonrecourse revenue bonds. It is the purpose of ORS 280.410 to 280.485 to authorize the exercise of such powers by cities with a population of 70,000 in addition to and not in lieu of any other powers such cities may possess.

����� (2) The lack of residential housing in the core and inner areas of Oregon�s larger cities also is a cause of adverse economic conditions. Development of housing in such areas can be a factor which contributes to orderly economic growth by providing decent housing for workers necessary to attract and promote desirable retail, commercial and industrial growth. Therefore it is also the purpose of ORS 280.410 to

ORS 289.250

289.250���� Limitation on income tax exemption for interest on revenue bonds

GENERAL PROVISIONS

����� 289.005 Definitions for ORS chapter 289. (1) As used in this chapter, unless the context requires otherwise:

����� (a) �Authority� means the Oregon Facilities Authority created by this chapter.

����� (b) �Bonds� or �revenue bonds� means revenue bonds, as defined in ORS 286A.001.

����� (c) �Cost� means the cost of:

����� (A) Construction, acquisition, alteration, enlargement, reconstruction and remodeling of a project, including all lands, structures, real or personal property, rights, rights of way, air rights, franchises, easements and interests acquired or used for or in connection with a project;

����� (B) Demolition or removal of buildings or structures on land as acquired, including the cost of acquiring lands to which the buildings or structures may be moved;

����� (C) All machinery and equipment;

����� (D) Financing charges, interest prior to, during and for a period after completion of construction and acquisition, reasonably required amounts to make the project operational, provisions for reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements;

����� (E) Architectural, actuarial engineering, financial and legal services, plans specifications, studies, surveys, estimates of costs and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project;

����� (F) Management, operation or funding of a qualified program; and

����� (G) Other expenses that are necessary or incident to a project, the financing of the project or the placing of the project in operation.

����� (d) �Cultural institution� means a public or nonprofit institution within this state which engages in the cultural, intellectual, scientific, environmental, educational or artistic enrichment of the people of this state. �Cultural institution� includes, without limitation, aquaria, botanical societies, historical societies, land conservation organizations, libraries, museums, performing arts associations or societies, scientific societies, wildlife conservation organizations and zoological societies. �Cultural institution� does not mean any school or any institution primarily engaged in religious or sectarian activities.

����� (e) �Health care institution� means a public or nonprofit organization within this state that provides health care and related services, including but not limited to the provision of inpatient and outpatient care, diagnostic or therapeutic services, laboratory services, medicinal drugs, nursing care, assisted living, elderly care and housing, including retirement communities, and equipment used or useful for the provision of health care and related services.

����� (f) �Housing institution� means a public or nonprofit organization within this state that provides decent, affordable housing to low-income persons.

����� (g) �Institution� means a cultural institution, a health care institution, a housing institution, an institution for higher education, an institution for prekindergarten through grade 12 education, a school for persons with disabilities or another nonprofit.

����� (h) �Institution for higher education� means a public or nonprofit educational institution within this state authorized by law to provide a program of education beyond the high school level, including community colleges and associate degree granting institutions. �Institution for higher education� does not mean any school or any institution primarily engaged in religious or sectarian activities.

����� (i) �Institution for prekindergarten through grade 12 education� means a provider under the Oregon Prenatal to Kindergarten Program as defined in ORS 329.175, a public educational institution within this state authorized by law to provide a program of education for kindergarten through grade 12 or a nonprofit educational institution within this state that provides a program of education for prekindergarten through grade 12 as a private school. �Institution for prekindergarten through grade 12 education� does not mean a school or institution primarily engaged in religious or sectarian activities.

����� (j) �Nonprofit� means an institution, organization or entity within this state exempt from taxation under section 501(c)(3) of the Internal Revenue Code as defined in ORS

ORS 293.445

293.445. After payment of administration expenses incurred by the department in the administration of ORS 465.101 to 465.131 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be credited to the appropriate accounts as approved by the Legislative Assembly to carry out the state�s oil, hazardous material and hazardous substance emergency response program as it relates to the maintenance, operation and use of the public highways, roads, streets and roadside rest areas in this state as allowed by section 3a, Article IX of the Oregon Constitution. [1989 c.833 �147; 1989 c.935 �4; 1993 c.707 �1]

����� 465.130 [Repealed by 1989 c.846 �15]

����� 465.131 Fee imposed by ORS 465.104 in addition to fees established by local government. The fee imposed by ORS 465.104 is in addition to all other state, county or municipal fees on a petroleum product. [1989 c.833 �148]

����� 465.140 [Amended by 1989 c.846 �12; renumbered 105.570 in 1989]

����� 465.150 [Amended by 1953 c.540 �5; repealed by 1989 c.846 �15]

����� 465.155 [1953 c.540 �4; repealed by 1989 c.846 �15]

����� 465.160 [Repealed by 1989 c.846 �15]

����� 465.170 [Repealed by 1989 c.846 �15]

����� 465.180 [Repealed by 1989 c.846 �15]

REMOVAL OR REMEDIAL ACTION

(Generally)

����� 465.200 Definitions. As used in ORS 465.200 to 465.485 and 465.900:

����� (1) �Claim� means a demand in writing for a sum certain.

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

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

����� (4) �Director� means the Director of the Department of Environmental Quality.

����� (5) �Environment� includes the waters of the state, any drinking water supply, any land surface and subsurface strata and ambient air.

����� (6) �Facility� means any building, structure, installation, equipment, pipe or pipeline including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, above ground tank, underground storage tank, motor vehicle, rolling stock, aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located and where a release has occurred or where there is a threat of a release, but does not include any consumer product in consumer use or any vessel.

����� (7) �Fund� means the Hazardous Substance Remedial Action Fund established by ORS 465.381.

����� (8) �Guarantor� means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under ORS 465.200 to 465.485 and 465.900.

����� (9) �Hazardous substance� means:

����� (a) Hazardous waste as defined in ORS 466.005.

����� (b) Any substance defined as a hazardous substance pursuant to section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act, P.L. 96-510, as amended, and P.L. 99-499.

����� (c) Oil.

����� (d) Any substance designated by the commission under ORS 465.400.

����� (10) �Natural resources� includes but is not limited to land, fish, wildlife, biota, air, surface water, ground water, drinking water supplies and any other resource owned, managed, held in trust or otherwise controlled by the State of Oregon or a political subdivision of the state.

����� (11) �Oil� includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge or refuse and any other petroleum-related product, or waste or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute.

����� (12) �Owner or operator� means any person who owned, leased, operated, controlled or exercised significant control over the operation of a facility. �Owner or operator� does not include a person, who, without participating in the management of a facility, holds indicia of ownership primarily to protect a security interest in the facility.

����� (13) �Person� means an individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government including any agency thereof.

����� (14) �Release� means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance, or threat thereof, but excludes:

����� (a) Any release that results in exposure to a person solely within a workplace, with respect to a claim that the person may assert against the person�s employer under ORS chapter 656;

����� (b) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine;

����� (c) Any release of source, by-product or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, as amended, if the release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of the Atomic Energy Act of 1954, as amended, or, for the purposes of ORS 465.260 or any other removal or remedial action, any release of source by-product or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and

����� (d) The normal application of fertilizer.

����� (15)(a) �Remedial action� means those actions consistent with a permanent remedial action taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of a hazardous substance so that it does not migrate to cause substantial danger to present or future public health, safety, welfare or the environment.

����� (b) �Remedial action� includes, but is not limited to:

����� (A) Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative drinking and household water supplies, and any monitoring reasonably required to assure that the actions protect the public health, safety, welfare and the environment.

����� (B) Offsite transport and offsite storage, treatment, destruction or secure disposition of hazardous substances and associated, contaminated materials.

����� (C) Such actions as may be necessary to monitor, assess, evaluate or investigate a release or threat of release.

����� (16) �Remedial action costs� means reasonable costs which are attributable to or associated with a removal or remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies.

����� (17) �Removal� means the cleanup or removal of a released hazardous substance from the environment, such actions as may be necessary taken in the event of the threat of release of a hazardous substance into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous substance, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health, safety, welfare or to the environment, that may otherwise result from a release or threat of release. �Removal� also includes but is not limited to security fencing or other measures to limit access, provision of alternative drinking and household water supplies, temporary evacuation and housing of threatened individuals and action taken under ORS 465.260.

����� (18) �Transport� means the movement of a hazardous substance by any mode, including pipeline and in the case of a hazardous substance that has been accepted for transportation by a common or contract carrier, the term �transport� shall include any stoppage in transit that is temporary, incidental to the transportation movement, and at the ordinary operating convenience of a common or contract carrier, and any such stoppage shall be considered as a continuity of movement and not as the storage of a hazardous substance.

����� (19) �Underground storage tank� has the meaning given that term in ORS 466.706.

����� (20) �Waters of the state� has the meaning given that term in ORS 468B.005. [Formerly 466.540; 1995 c.427 �1; 2001 c.495 �19; 2003 c.407 ��23,24; 2023 c.262 �3]

����� 465.205 Legislative findings. (1) The Legislative Assembly finds that:

����� (a) The release of a hazardous substance into the environment may present an imminent and substantial threat to the public health, safety, welfare and the environment; and

����� (b) The threats posed by the release of a hazardous substance can be minimized by prompt identification of facilities and implementation of removal or remedial action.

����� (2) Therefore, the Legislative Assembly declares that:

����� (a) It is in the interest of the public health, safety, welfare and the environment to provide the means to minimize the hazards of and damages from facilities.

����� (b) It is the purpose of ORS 465.200 to 465.485 and 465.900 to:

����� (A) Protect the public health, safety, welfare and the environment; and

����� (B) Provide sufficient and reliable funding for the Department of Environmental Quality to expediently and effectively authorize, require or undertake removal or remedial action to abate hazards to the public health, safety, welfare and the environment. [Formerly 466.547]

����� 465.210 Authority of department for removal or remedial action. (1) In addition to any other authority granted by law, the Department of Environmental Quality may:

����� (a) Undertake independently, in cooperation with others or by contract, investigations, studies, sampling, monitoring, assessments, surveying, testing, analyzing, planning, inspecting, training, engineering, design, construction, operation, maintenance and any other activity necessary to conduct removal or remedial action and to carry out the provisions of ORS 465.200 to 465.485 and 465.900; and

����� (b) Recover the state�s remedial action costs.

����� (2) The Environmental Quality Commission and the department may participate in or conduct activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499, and the corrective action provisions of Subtitle I of the federal Solid Waste Disposal Act, as amended, P.L. 96-482 and P.L. 98-616. Such participation may include, but need not be limited to, entering into a cooperative agreement with the United States Environmental Protection Agency.

����� (3) Nothing in ORS 465.200 to 465.485 and 465.900 shall restrict the State of Oregon from participating in or conducting activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499. [Formerly 466.550]

����� 465.215 List of facilities with confirmed release. (1) For the purposes of providing public information, the Director of the Department of Environmental Quality shall develop and maintain a list of all facilities with a confirmed release as defined by the Environmental Quality Commission under ORS 465.405.

����� (2) The director shall make the list available for the public at the offices of the Department of Environmental Quality.

����� (3) The list shall include but need not be limited to the following items, if known:

����� (a) A general description of the facility;

����� (b) Address or location;

����� (c) Time period during which a release occurred;

����� (d) Name of the current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;

����� (e) Type and quantity of a hazardous substance released at the facility;

����� (f) Manner of release of the hazardous substance;

����� (g) Levels of a hazardous substance, if any, in ground water, surface water, air and soils at the facility;

����� (h) Status of removal or remedial actions at the facility; and

����� (i) Other items the director determines necessary.

����� (4) At least 60 days before a facility is added to the list the director shall notify by certified mail or personal service the owner and operator, if known, of all or any part of the facility that is to be included in the list. The notice shall inform the owner and operator that the owner and operator may comment on the decision of the director to add the facility to the list within 45 days of receiving the notice. The decision of the director to add a facility to the list is not appealable to the Environmental Quality Commission or subject to judicial review under ORS chapter 183. [Formerly 466.557]

����� 465.220 Comprehensive statewide identification program; notice. (1) The Department of Environmental Quality shall develop and implement a comprehensive statewide program to identify any release or threat of release from a facility that may require remedial action.

����� (2) The department shall notify all daily and weekly newspapers of general circulation in the state and all broadcast media of the program developed under subsection (1) of this section. The notice shall include information about how the public may provide information on a release or threat of release from a facility.

����� (3) In developing the program under subsection (1) of this section, the department shall examine, at a minimum, any industrial or commercial activity that historically has been a major source in this state of releases of hazardous substances.

����� (4) The department shall include information about the implementation and progress of the program developed under subsection (1) of this section in the report required under ORS 465.235. [Formerly 466.560]

����� 465.225 Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory. (1) For the purpose of providing public information, the Director of the Department of Environmental Quality shall develop and maintain an inventory of all facilities for which:

����� (a) A confirmed release is documented by the department; and

����� (b) The director determines that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare or the environment.

����� (2) The determination that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed under subsection (1) of this section shall be based upon a preliminary assessment approved or conducted by the department.

����� (3) Before the department conducts a preliminary assessment, the director shall notify the owner and operator, if known, that the department is proceeding with a preliminary assessment and that the owner or operator may submit information to the department that would assist the department in conducting a complete and accurate preliminary assessment.

����� (4) At least 60 days before the director adds a facility to the inventory, the director shall notify by certified mail or personal service the owner and operator, if known, of all or any part of the facility that is to be included in the inventory. The decision of the director to add a facility to the inventory is not appealable to the Environmental Quality Commission or subject to judicial review under ORS chapter 183.

����� (5) The notice provided under subsection (4) of this section shall include the preliminary assessment and shall inform the owner or operator that the owner or operator may comment on the information contained in the preliminary assessment within 45 days after receiving the notice. For good cause shown, the department may grant an extension of time to comment. The extension shall not exceed 45 additional days.

����� (6) The director shall consider relevant and appropriate information submitted by the owner or operator in making the final decision about whether to add a facility to the inventory.

����� (7) The director shall review the information submitted and add the facility to inventory if the director determines that a confirmed release has occurred and that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare or the environment. [1989 c.485 �3]

����� 465.230 Removal of facilities from inventory; criteria. (1) According to rules adopted by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall remove a facility from the list or inventory, or both, if the director determines:

����� (a) Actions taken at the facility have attained a degree of cleanup and control of further release that assures protection of present and future public health, safety, welfare and the environment;

����� (b) No further action is needed to assure protection of present and future public health, safety, welfare and the environment; or

����� (c) The facility satisfies other appropriate criteria for assuring protection of present and future public health, safety, welfare and the environment.

����� (2) The director shall not remove a facility if continuing environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare and the environment, so long as such controls are related to removal or remedial action. [1989 c.485 �4]

����� 465.235 Public inspection of inventory; information included in inventory; organization; report; action plan. (1) The Director of the Department of Environmental Quality shall make the inventory available to the public at the office of the Department of Environmental Quality.

����� (2) The inventory shall include but need not be limited to:

����� (a) The following information, if known:

����� (A) A general description of the facility;

����� (B) Address or location;

����� (C) Time period during which a release occurred;

����� (D) Name of current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;

����� (E) Type and quantity of a hazardous substance released at the facility;

����� (F) Manner of release of the hazardous substance;

����� (G) Levels of a hazardous substance, if any, in ground water, surface water, air and soils at the facility;

����� (H) Hazard ranking and narrative information regarding threats to the environment and public health;

����� (I) Status of removal or remedial actions at the facility; and

����� (J) Other items the director determines necessary; and

����� (b) Information that indicates whether the remedial action at the facility will be funded primarily by:

����� (A) The department through the use of moneys in the Hazardous Substance Remedial Action Fund;

����� (B) An owner or operator or other person under an agreement, order or consent judgment under ORS 465.200 to 465.485; or

����� (C) An owner or operator or other person under other state or federal authority.

����� (3) The department may organize the inventory into categories of facilities, including but not limited to the types of facilities listed in subsection (2) of this section.

����� (4) On or before January 15 of each year, the department shall submit the inventory and a report to the Governor, the Legislative Assembly and the Environmental Quality Commission. The annual report shall include a quantitative and narrative summary of the department�s accomplishments during the previous fiscal year and the department�s goals for the current fiscal year, including but not limited to each of the following areas:

����� (a) Facilities with a suspected release added to the department�s database;

����� (b) Facilities with a confirmed release added to the department�s list;

����� (c) Facilities added to and removed from the inventory;

����� (d) Removals initiated and completed;

����� (e) Preliminary assessments initiated and completed;

����� (f) Remedial investigations initiated and completed;

����� (g) Feasibility studies initiated and completed; and

����� (h) Remedial actions, including long-term environmental controls and institutional controls, initiated and completed.

����� (5) Beginning in 1991, and every fourth year thereafter, the report required under subsection (4) of this section shall include a four-year plan of action for those items under subsection (4)(e) to (h) of this section. The four-year plan shall include projections of funding and staffing levels necessary to implement the four-year plan. [1989 c.485 �5; 2003 c.576 �459]

����� 465.240 Inventory listing not prerequisite to other remedial action. Nothing in ORS 465.225 to 465.240,

ORS 30.400

30.400 and shall conduct peer review. Peer review shall be conducted pursuant to the bylaws of the requesting health care facility.

����� (6) Any person serving on or communicating information to a peer review committee shall not be subject to an action for damages for action or communications or statements made in good faith.

����� (7) All findings and conclusions, interviews, reports, studies, communications and statements procured by or furnished to the peer review committee in connection with a peer review are confidential pursuant to ORS 192.338, 192.345, 192.355 and 192.690 and all data is privileged pursuant to ORS 41.675.

����� (8) Notwithstanding subsection (7) of this section, a written report of the findings and conclusions of the peer review shall be provided to the governing body of the health care facility who shall abide by the privileged and confidential provisions set forth in subsection (7) of this section.

����� (9) Procedures for peer review established by subsections (4) to (8) of this section are exempt from ORS chapter 183.

����� (10) The Oregon Health Authority shall adopt by rule standards for rural hospitals, as defined in ORS 442.470, that specifically address the provision of care to postpartum and newborn patients so long as patient care is not adversely affected.

����� (11) For purposes of this section, �physician� has the meaning given the term in ORS 677.010. [Amended by 1965 c.352 �1; 1971 c.730 �13; 1973 c.837 �14; 1973 c.840 �9; 1977 c.261 �4; 1977 c.448 �10; 1977 c.751 �23a; 1987 c.428 �9; 1987 c.850 �2; 1993 c.269 �1; 1995 c.727 �38; 1995 c.763 �1; 1999 c.542 �1; 2001 c.900 �167; 2009 c.595 �726; 2009 c.792 �58]

����� 441.056 Credentialing telemedicine providers; rules. (1) The Oregon Health Authority shall prescribe by rule the information and documents that a governing body of an originating-site hospital may request for credentialing a telemedicine provider located at a distant-site hospital.

����� (2) The rules adopted by the authority under subsection (1) of this section must:

����� (a) Prescribe a standard list of information and documents that shall be provided by a distant-site hospital;

����� (b) Prescribe a list of information and documents that may be requested by an originating-site hospital in addition to the standard list of information and documents;

����� (c) Prescribe a list of information and documents that may not be requested by an originating-site hospital; and

����� (d) Be consistent with all applicable legal and accreditation requirements of an originating-site hospital and the health plans with which the originating-site hospital contracts.

����� (3) Except as provided in subsection (4) of this section, an originating-site hospital in this state must comply with the rules adopted under this section if the telemedicine provider is located at a distant-site hospital that is located in this state. This section does not prevent hospitals located outside of this state from using or require such hospitals to use the prescribed list of information and documents in credentialing a telemedicine provider.

����� (4) An originating-site hospital is not limited to the information and documents prescribed by the authority if the originating-site hospital has a delegated credentialing agreement with the distant-site hospital where the telemedicine provider is located and the governing body of the originating-site hospital accepts the recommendation of the medical staff to credential the telemedicine provider.

����� (5) In the adoption of the rules described in subsections (1) and (2) of this section, the authority shall consult with representatives of distant-site hospitals and originating-site hospitals in this state. Once adopted, the authority may not amend the rules to alter the prescribed lists without first consulting representatives of distant-site hospitals and originating-site hospitals in this state.

����� (6) This section does not affect the responsibilities of a governing body under ORS 441.055 and does not require a governing body of a hospital to grant privileges to a telemedicine provider. [2013 c.414 �2]

����� Note: 441.056 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 441.057 [1975 c.360 �2; 1981 c.336 �1; 1987 c.428 �10; 2001 c.609 �16; 2001 c.900 �168; 2009 c.595 �727; 2009 c.792 �59; 2017 c.101 �13; 2018 c.61 �16; renumbered 441.044 in 2019]

����� 441.058 [1977 c.532 �2; 1979 c.168 �1; repealed by 1983 c.781 �8]

����� 441.059 Access to previous X-rays and reports by patients of chiropractic physicians. The rules of a hospital that govern patient access to previously performed X-rays or diagnostic laboratory reports shall not discriminate between patients of chiropractic physicians and patients of other licensed medical practitioners permitted access to such X-rays and diagnostic laboratory reports. [1979 c.490 �2]

����� 441.060 Inspections; approval of plans and specifications; rules; fees. (1) The Oregon Health Authority shall make or cause to be made in-person site inspections of health care facilities licensed under ORS 441.025 (1) at least once every three years.

����� (2) The authority and the Department of Human Services may prescribe by rule that any licensee or prospective applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, either prior to or after receiving a certificate of need pursuant to ORS 442.315, if required, submit plans and specifications therefor to the authority or the department for preliminary inspection and approval or recommendations with respect to compliance with the rules authorized by ORS 441.025 and 443.420 and for compliance with National Fire Protection Association standards when the facility is also to be Medicare or Medicaid certified.

����� (3) The authority or the department may require by rule payment of a fee for project review services at a variable rate, dependent on total project cost.

����� (4) For health care facilities, the authority shall develop a review fee schedule as minimally necessary to support the staffing level and expenses required to administer the program.

����� (5) For long term care facilities and residential care facilities, the department shall develop a review fee schedule as minimally necessary to support the staffing level and expenses required to administer the program. The fee for project review of residential care facilities shall equal two-thirds that required of health care facilities.

����� (6) The authority or the department may also conduct an on-site review of projects as a prerequisite to licensure of new facilities, major renovations and expansions. The authority and the department shall, at least annually, with the advice of the facilities covered by the review, present proposed rule changes regarding facility design and construction to such agencies for their consideration.

����� (7) The authority shall publish a state submissions guide for health care facility projects and advise project sponsors of applicable requirements of federal, state and local regulatory agencies.

����� (8) The department shall publish a state submissions guide for long term care facility and residential care facility projects and advise project sponsors of applicable requirements of federal, state and local regulatory agencies. [Amended by 1965 c.352 �2; 1971 c.730 �14; 1973 c.840 �10; 1985 c.747 �29; 1987 c.428 �11; 1987 c.660 �23; 2001 c.104 �178; 2001 c.900 �169; 2009 c.595 �728; 2009 c.792 �60; 2011 c.35 �2; 2021 c.338 �2]

����� 441.061 Delegation of health inspections to local public health authorities; financial assistance. (1) Upon agreement, the Director of Human Services may grant specific authorization to any local public health authority, as defined in ORS 431.003, to administer and enforce any law or rules of the Department of Human Services relating to inspections and issuance, revocation and suspension of licenses, or portion thereof, for long term care facilities.

����� (2) Pursuant to an agreement as provided in subsection (1) of this section, the director may provide funds and other resources to the local public health authority necessary to enable the local public health authority to perform the agreed upon functions. [1977 c.261 �2; 1987 c.428 �12; 2015 c.736 �87]

����� 441.062 Coordination of inspections; rules. (1) In conducting inspections for the purpose of licensing health care facilities under ORS 441.020, the Oregon Health Authority and the Department of Human Services shall avoid unnecessary facility disruption by coordinating inspections performed by the authority or the department with inspections performed by other federal, state and local agencies that have responsibility for health care facility licensure.

����� (2) Whenever possible, the authority and the department shall avoid duplication of inspections by accepting inspection reports or surveys prepared by other state agencies that have responsibility for health care facility licensure for purposes of the inspection required for licensure.

����� (3) In lieu of an in-person site inspection as required by ORS 441.025 and 441.060, the authority or the department may accept a certification or accreditation from a federal agency or an accrediting body approved by the authority or the department that the state licensing standards have been met, if:

����� (a) The certification or accreditation is recognized by the authority or the department as addressing the standards and condition of participation requirements of the Centers for Medicare and Medicaid Services and other standards set by the authority or the department;

����� (b) The health care facility notifies the authority or the department to participate in any exit interview conducted by the federal agency or accrediting body; and

����� (c)(A) The health care facility provides copies of summary documentation from the federal agency or accrediting body concerning the certification or accreditation to the authority within 30 days following the receipt of summary documentation from the federal agency or accrediting body; or

����� (B) The health care facility provides copies of all documentation concerning the certification or accreditation requested by the department.

����� (4) The authority and the department shall adopt rules necessary to implement this section. [1995 c.449 �6; 2001 c.900 �170; 2009 c.595 �729; 2009 c.792 �61; 2021 c.338 �3; 2025 c.623 �4]

����� 441.063 Use of facilities by licensed podiatric physicians and surgeons; regulation of admission and conduct. The rules of the hospital shall include provisions for the use of the hospital facilities by podiatric physicians and surgeons licensed under ORS 677.805 to

ORS 30.700

30.700); 1999 c.707 �1; 2011 c.449 �1]

����� 30.710 [Amended by 1961 c.344 �103; repealed by 1973 c.640 �1]

����� 30.715 Successive actions or suits. Successive actions or suits may be maintained upon the same contract or transaction, whenever, after the former action or suit, a new cause of action or suit arises therefrom. [Formerly 11.030]

����� 30.720 [Repealed by 1973 c.640 �1; amended by 1973 c.823 ��88,155]

����� 30.725 [Repealed by 1974 c.36 �28]

����� 30.730 [Repealed by 1979 c.801 �4]

����� 30.740 Right of gambling loser to recover double losses. All persons losing money or anything of value at or on any unlawful game described in ORS 167.117, 167.122 and 167.127 shall have a cause of action to recover from the dealer winning the same, or proprietor for whose benefit such game was played or dealt, or such money or thing of value won, twice the amount of the money or double the value of the thing so lost. [Amended by 1971 c.743 �308; 1977 c.850 �4]

����� 30.750 Liability of abstractors. Any person who, after May 24, 1923, certifies to any abstract of title to any land in Oregon, shall be liable for all damages sustained by any person who, in reliance on the correctness thereof, acts thereon with reference to the title of such land, and is damaged in consequence of any errors, omissions or defects therein, regardless of whether the abstract of title was ordered by the person so damaged. Nothing in this section shall be construed to prevent the maker of any abstract of title to land from limiting in the certificate to the abstract the liability of the maker thereunder to any person named in such certificate, but such limitation of liability must be expressly set forth in the certificate.

����� 30.760 [Amended by 1953 c.565 �2; renumbered 30.150]

����� 30.765 Liability of parents for tort by child; effect on foster parents. (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property caused by any tort intentionally or recklessly committed by such child. However, a parent who is not entitled to legal custody of the minor child at the time of the intentional or reckless tort shall not be liable for such damages.

����� (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $7,500, payable to the same claimant, for one or more acts.

����� (3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

����� (4) Nothing in subsections (1) to (3) of this section applies to foster parents. [1975 c.712 ��1,4; 1977 c.419 �1; 1991 c.968 �5]

����� 30.770 [1959 c.310 �1; 1965 c.587 �1; 1973 c.827 �8; repealed by 1975 c.712 �5]

����� 30.772 Liability of landowner arising out of aviation activity; exceptions. (1) As used in this section:

����� (a) �Airstrip� means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.

����� (b) �Aviation activity� includes but is not limited to hang gliding, parachuting, paragliding and operating airplanes or ultralight aircraft.

����� (c) �Charge� has the meaning given that term in ORS 105.672.

����� (d) �Land� has the meaning given that term in ORS 105.672.

����� (e) �Nonpublic airstrip� means an airstrip that is registered as a private use airport with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.

����� (f) �Owner� has the meaning given that term in ORS 105.672.

����� (g) �Public airstrip� means an airstrip that is not a nonpublic airstrip.

����� (2) An owner of land is not liable for any personal injury, death or property damage arising from the use of land for purposes of aviation activity, unless the owner intentionally causes the injury, death or property damage.

����� (3) Subsection (2) of this section does not apply to any of the following:

����� (a) An owner of a public airstrip.

����� (b) An owner of a nonpublic airstrip if:

����� (A) The owner is contacted by the operator of a motorized aircraft prior to the beginning of the aircraft�s flight;

����� (B) The owner provides permission to the operator to use the owner�s land for activities related to the aircraft�s flight; and

����� (C) Gross negligence of the owner causes injury, death or property damage related to the aircraft�s flight.

����� (c) An owner of land who imposes a charge for the use of the land for aviation purposes. [2015 c.308 �1]

����� 30.774 Indemnification of property owner that allows nonprofit organization or educational provider to use property. (1) As used in this section, �educational provider� means a public or private elementary or secondary school or an education service district.

����� (2) A property owner that enters into a contract to allow a nonprofit organization or an educational provider to use the property owner�s property or facilities may not require in any separate agreement any individual to indemnify the property owner for damages not caused by the individual while the nonprofit organization or educational provider and the individual use the property or facilities.

����� (3) This section does not prohibit a property owner from requiring a nonprofit organization or educational provider to indemnify the property owner for damages caused by the organization�s or provider�s use of the property or facilities. [2015 c.749 �1]

����� 30.780 Liability for damages caused by gambling. Any person violating ORS 167.108 to 167.164 shall be liable in a civil suit for all damages occasioned thereby. [1959 c.681 �3; 1971 c.743 �309]

����� 30.785 Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards. (1) A construction design professional who is retained to perform professional services on a construction project, or an employee of the construction design professional in the performance of professional services on the construction project, shall not be liable for any injury to a worker on the construction project that is a compensable injury under ORS chapter 656 and that results from the failure of the employer of the worker to comply with safety standards on the construction project unless the construction design professional by contract specifically assumes responsibility for compliance with those safety standards. The immunity provided by this section to a construction design professional shall not apply to the negligent preparation of design plans or specifications.

����� (2) As used in this section, �construction design professional� means an architect, registered landscape architect, professional engineer or professional land surveyor. [1987 c.915 �12]

����� 30.788 Liability of architect, engineer, inspector or building evaluator for emergency relief services. (1) An action for damages arising out of the practice of architecture, as defined in ORS 671.010, may not be maintained by any person against an architect for services rendered by the architect under the provisions of this section.

����� (2) An action for damages arising out of the practice of engineering, as described in ORS

ORS 307.990

307.990���� Penalties

GENERAL PROVISIONS

����� 307.010 Definitions of �land� and �real property� for state property tax laws; timber and mineral interests. (1) As used in the property tax laws of this state:

����� (a) �Land� means land in its natural state. For purposes of assessment of property subject to assessment at assessed value under ORS 308.146, land includes any site development made to the land. As used in this paragraph, �site development� includes fill, grading, leveling, underground utilities, underground utility connections and any other elements identified by rule of the Department of Revenue.

����� (b) �Real property� includes:

����� (A) The land itself, above or under water;

����� (B) All buildings, structures, improvements, machinery, equipment or fixtures erected upon, above or affixed to the land;

����� (C) All mines, minerals, quarries and trees in, under or upon the land;

����� (D) All water rights and water powers and all other rights and privileges in any way appertaining to the land; or

����� (E) Any estate, right, title or interest whatever in the land or real property, less than the fee simple.

����� (2) Where the grantor of land has, in the instrument of conveyance, reserved or conveyed:

����� (a) Any of the timber standing upon the land, with the right to enter upon the ground and remove the timber, the ownership of the standing timber so reserved or conveyed is an interest in real property.

����� (b) The right to enter upon and use any of the surface ground necessary for the purpose of exploring, prospecting for, developing or otherwise extracting any gold, silver, iron, copper, lead, coal, petroleum, gases, oils or any other metals, minerals or mineral deposits in or upon the land, such right is an interest in real property. [Amended by 1987 c.756 �19; 1991 c.459 �37; 1997 c.541 �98; 2003 c.46 �10]

����� 307.020 Definitions of �intangible personal property� and �tangible personal property� for state property tax laws; inapplicability to centrally assessed persons. (1) As used in the property tax laws of this state, unless otherwise specifically provided:

����� (a) �Intangible personal property� or �intangibles� includes but is not limited to:

����� (A) Money at interest, bonds, notes, claims, demands and all other evidences of indebtedness, secured or unsecured, including notes, bonds or certificates secured by mortgages.

����� (B) All shares of stock in corporations, joint stock companies or associations.

����� (C) Media constituting business records, computer software, files, records of accounts, title records, surveys, designs, credit references, and data contained therein. �Media� includes, but is not limited to, paper, film, punch cards, magnetic tape and disk storage.

����� (D) Goodwill.

����� (E) Customer lists.

����� (F) Contracts and contract rights.

����� (G) Patents, trademarks and copyrights.

����� (H) Assembled labor force.

����� (I) Trade secrets.

����� (b) �Personal property� means �tangible personal property.�

����� (c) �Tangible personal property� includes but is not limited to all chattels and movables, such as boats and vessels, merchandise and stock in trade, furniture and personal effects, goods, livestock, vehicles, farming implements, movable machinery, movable tools and movable equipment.

����� (2) Subsection (1) of this section does not apply to any person, company, corporation or association covered by ORS 308.505 to 308.674. [Amended by 1959 c.82 �1; 1977 c.602 �1; 1993 c.353 �1; 1997 c.154 �27; 2005 c.94 �30]

����� 307.021 Definition of �manufactured structure� for ORS chapters 305, 307, 308, 310 and 311. As used in this chapter and ORS chapters 305, 308, 310 and 311, �manufactured structure� means:

����� (1) A manufactured dwelling as defined in ORS 446.003;

����� (2) A structure that would meet the definition of �manufactured dwelling� in ORS 446.003 except that the structure is being used for other than residential purposes;

����� (3) A prefabricated structure, as defined in ORS 455.010, that is relocatable and more than eight and one-half feet wide; and

����� (4) A recreational vehicle, as defined in ORS 174.101, that is more than eight and one-half feet wide. [2019 c.585 �15; 2019 c.585 �15a]

����� 307.022 Qualification for exemption of property of certain limited liability companies. For purposes of the property tax laws of this state, the property of a limited liability company qualifies for an exemption from ad valorem property taxation or special assessment:

����� (1) If the limited liability company is wholly owned by one or more nonprofit corporations or entities whose property is exempt from taxation under ORS 307.090;

����� (2) If the property, if held directly by each of the nonprofit corporation owners of the limited liability company, would qualify for the exemption or special assessment; and

����� (3) Only to the least extent that the property would be granted exemption or special assessment in the hands of any of the nonprofit corporation owners of the limited liability company. [2005 c.688 �2; 2017 c.445 �1]

����� 307.030 Property subject to assessment generally. (1) All real property within this state and all tangible personal property situated within this state, except as otherwise provided by law, shall be subject to assessment and taxation in equal and ratable proportion.

����� (2) Except as provided in ORS 308.505 to 308.674, intangible personal property is not subject to assessment and taxation. [Amended by 1993 c.353 �2; 1997 c.154 �28]

����� 307.032 Maximum assessed value and assessed value of partially exempt property and specially assessed property. (1) Unless determined under a provision of law governing the partial exemption that applies to the property, the maximum assessed value and assessed value of partially exempt property shall be determined as follows:

����� (a) The maximum assessed value:

����� (A) For the first tax year in which the property is partially exempt, shall equal the real market value of the property, reduced by the value of the partial exemption, multiplied by the ratio, not greater than 1.00, of the average maximum assessed value over the average real market value for the tax year of property in the same area and property class.

����� (B) For each tax year after the first tax year in which the property is subject to the same partial exemption, shall equal 103 percent of the property�s assessed value for the prior year or 100 percent of the property�s maximum assessed value under this paragraph from the prior year, whichever is greater.

����� (b) The assessed value of the property shall equal the lesser of:

����� (A) The real market value of the property reduced by the partial exemption; or

����� (B) The maximum assessed value of the property under paragraph (a) of this subsection.

����� (2) Unless determined under a provision of law governing the special assessment, the maximum assessed value subject to special assessment and the assessed value of property subject to special assessment shall be determined as follows:

����� (a) The maximum assessed value:

����� (A) For the first tax year in which the property is specially assessed, shall equal the specially assessed value of the property multiplied by the ratio, not greater than 1.00, of the average maximum assessed value over the average real market value for the tax year of property in the same area and property class.

����� (B) For each tax year after the first tax year in which property is subject to the same special assessment, shall equal 103 percent of the property�s assessed value for the prior year or 100 percent of the property�s maximum assessed value subject to special assessment from the prior year, whichever is greater.

����� (b) The assessed value of the property shall equal the lesser of:

����� (A) The specially assessed value of the property as determined under the law establishing the special assessment; or

����� (B) The property�s maximum assessed value subject to special assessment as determined under paragraph (a) of this subsection.

����� (3) As used in this section, �area� and �property class� have the meanings given those terms in ORS 308.149. [2003 c.169 �6]

����� 307.035 Publishing summary of certain exempt real property. The assessor shall list and evaluate all real properties exempt from taxation under ORS 307.090, 307.120,

ORS 308.150

308.150; 1991 c.902 �35; 2003 c.802 �27]

����� Note: See note under 223.317.

����� 223.330 [Amended by 1969 c.531 �4; repealed by 1971 c.325 �1]

����� 223.335 [Repealed by 1971 c.325 �1]

����� 223.340 [Repealed by 1971 c.325 �1]

����� 223.345 [Repealed by 1971 c.325 �1]

����� 223.350 [Repealed by 1971 c.325 �1]

����� 223.355 [Amended by 1969 c.531 �5; repealed by 1971 c.325 �1]

����� 223.360 [Repealed by 1971 c.325 �1]

����� 223.365 [Repealed by 1971 c.325 �1]

����� 223.370 [Repealed by 1971 c.325 �1]

����� 223.375 [Repealed by 1971 c.325 �1]

����� 223.380 [Repealed by 1971 c.325 �1]

����� 223.385 [Repealed by 1971 c.325 �1]

ASSESSMENTS FOR LOCAL IMPROVEMENTS

����� 223.387 Description of real property; effect of error in name of owner. In levying, collecting and enforcing assessments for local improvement, the following shall apply:

����� (1) Real property may be described by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page of any public record of the county where the description may be found, or by designation of tax lot number referring to a record kept by the assessor of descriptions of real properties of the county, which record shall constitute a public record, or in any other manner as to cause the description to be capable of being made certain. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section, or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any description of real property.

����� (2) If the owner of any land is unknown, the land may be assessed to �unknown owner,� or �unknown owners.� If the property is correctly described, no final assessment shall be invalidated by a mistake in the name of the owner of the real property assessed or by the omission of the name of the owner or the entry of a name other than that of the true owner. Where the name of the true owner, or the owner of record, of any parcel of real property is given, the final assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed of conveyance from the owner, or is such that, in a suit to enforce a contract to convey, employing such description a court of equity would hold it to be good and sufficient.

����� (3) Any description of real property which conforms substantially to the requirements of this section shall be a sufficient description in all proceedings of assessment relating or leading to a final assessment for a local improvement, foreclosure and sale of delinquent assessments, and in any other proceeding related to or connected with levying, collecting and enforcing final assessments for special benefits to the property. [1959 c.219 �1; 1965 c.282 �4; 1971 c.198 �1; 1991 c.902 �36]

����� 223.389 Procedure for making local assessments for local improvements; intergovernmental agreement to allocate jurisdiction for local improvement. (1)(a) The governing body of a local government may prescribe by ordinance or resolution the procedure to be followed in making estimated assessments and final assessments for benefits from a local improvement upon the lots that have been benefited by all or part of the local improvement, to the extent that the charter of the local government does not prescribe the method of procedure.

����� (b) If the charter of a local government specifies a method of procedure that does not comply or is not consistent with the requirements of the Oregon Constitution, the governing body of the local government may prescribe by ordinance or resolution the procedure that shall comply and be consistent with the requirements of the Oregon Constitution, and the provisions of the ordinance or resolution shall apply in lieu of the charter provisions.

����� (2)(a) This subsection applies to a local improvement proposed for an unincorporated area within an urban growth boundary.

����� (b) For purposes of subsection (1) of this section, the governing bodies of local governments in which any part of a local improvement described in paragraph (a) of this subsection is or will be located may enter into an intergovernmental agreement in accordance with ORS chapter 190 to allocate jurisdictional authority among themselves for the local improvement.

����� (c) Local improvements subject to this subsection must comply with the comprehensive plan of any city in which the local improvements are or will be located.

����� (d) The creation of a local improvement district does not change the uses of land allowed within the local improvement district.

����� (3)(a) The ordinance or resolution prescribing the procedure shall provide for adoption or enactment of an ordinance or resolution designating the local improvement as to which an assessment is contemplated, describing the boundaries of the district to be assessed. Provision shall be made for at least 10 days� notice to owners of property within the proposed district in which the local improvement is contemplated. The notice may be made by posting, by newspaper publication or by mail, or by any combination of such methods. The notice shall specify the time and place where the governing body will hear and consider objections or remonstrances to the proposed local improvement by any parties aggrieved thereby.

����� (b) If the governing body determines that the local improvement shall be made, when the estimated cost thereof is ascertained on the basis of the contract award or the departmental cost of the local government, the governing body shall determine whether the property benefited shall bear all or a portion of the cost. The recorder or other person designated by the governing body shall prepare the estimated assessment to the respective lots within the assessment district and file it in the appropriate office of the local government. Notice of the estimated assessment shall be mailed or personally delivered to the owner of each lot proposed to be assessed. The notice shall state the amounts of the estimated assessment proposed on that property and shall fix a date by which time objections shall be filed with the recorder. Any objection shall state the grounds for the objection. The governing body shall consider the objections and grounds and may adopt, correct, modify or revise the estimated assessments.

����� (c) The governing body shall determine the amount of estimated assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing to the lot from the local improvement, and shall by ordinance or resolution spread the estimated assessments. [1959 c.219 �2; 1991 c.902 �37; 2003 c.802 �28; 2025 c.140 �1]

����� 223.391 Notice of proposed assessment to owner of affected lot. If a notice is required to be sent to the owner of a lot affected by a proposed assessment, the notice shall be addressed to the owner or the owner�s agent. If the address of the owner or of the owner�s agent is unknown to the recorder, the recorder shall mail the notice addressed to the owner or the owner�s agent at the address where the property is located. Any mistake, error, omission or failure with respect to the mailing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or, if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper designated by the governing body and having general circulation within the boundaries of the local government where the property is located. [1959 c.219 �3; 1991 c.902 �38; 2003 c.802 �29]

����� 223.393 Estimated and final assessments become liens. Estimated and final assessments shall become a lien upon the property assessed from and after the passage of the ordinance or resolution spreading the same and entry in appropriate lien record of the local government. The estimated assessment lien shall continue until the time the estimated assessment becomes a final assessment. The local government may enforce collection of such assessments as provided by ORS 223.505 to 223.650. [1959 c.219 �4; 1991 c.902 �39; 2003 c.802 �30]

����� 223.395 Deficit assessments or refunds when initial assessment based on estimated cost. If the initial assessment has been made on the basis of estimated cost, and upon the completion of the work the cost is found to be greater than the estimated cost, the governing body may make a deficit assessment for the additional cost. Proposed assessments upon the respective lots within the assessment district for the proportionate share of the deficit shall be made; and notices shall be sent; opportunity for objections shall be given; such objections shall be considered; and determination of the assessment against each particular lot, block or parcel of land shall be made as in the case of the initial assessment; and the deficit assessment spread by ordinance. If assessments have been made on the basis of estimated cost, and upon completion the cost is found to be less than the estimated cost, provision shall be made for refund of the excess or overplus. [1959 c.219 �5; 1991 c.902 �40]

����� 223.396 [2009 c.753 �75; 2014 c.32 �1; renumbered 223.680 in 2015]

����� 223.397 [1959 c.219 ��6,7; repealed by 1963 c.507 �1]

����� 223.399 Powers of local government concerning assessments for local improvements. The governing body of a local government may impose additional procedural requirements. The procedural provisions of ORS 223.387 to 223.399 apply only where the charter or an ordinance of a local government does not specify otherwise and the charter or ordinance provisions comply and are consistent with the requirements of the Oregon Constitution. The charter or ordinance provisions shall apply to local improvements permitted by law. A local government may not authorize a local improvement prohibited by percentage of remonstrance or otherwise under the charter of the local government. [1959 c.219 �8; 1965 c.133 �1; 1991 c.902 �41; 2003 c.802 �31; 2017 c.17 �19]

����� 223.401 Review of assessment. Notwithstanding any of the provisions of ORS 223.387 to 223.399, owners of any property against which an assessment for local improvements has been imposed may seek a review of the assessment under the provisions of ORS 34.010 to

ORS 308.220

308.220)]

����� 308.221 [1965 c.344 �5 (308.217, 308.219 and 308.221 enacted in lieu of 308.220); 1981 c.804 �37; 1991 c.459 �93; 1997 c.541 �262; renumbered 310.147 in 1997]

����� 308.225 Boundary changes; procedure. (1) In preparing the assessment roll in any year, a county assessor shall disregard changes or proposed changes described in subsections (3), (4) and (5) of this section in the boundary lines of any taxing district levying ad valorem property taxes if the description and map showing changes or proposed changes are not filed in final approved form, in accordance with and at the time required by subsection (2) of this section.

����� (2)(a) If a boundary change is made or proposed, the person, governing body, officer, administrative agency or court that is or will be responsible for determining whether the boundary change is final shall file with the county assessor and the Department of Revenue the legal description of the change or proposed change and an accurate map showing the change or proposed change in final approved form, on or before March 31 of the assessment year to which the boundary change applies.

����� (b)(A) Except as otherwise provided in subparagraph (B) of this paragraph, the legal description of the boundary change must consist of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. Each course must be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments, or, in lieu of bearings and distances, be identified by reference to:

����� (i) Township, range, section or section subdivision lines of the United States Public Land Survey System.

����� (ii) Survey center line or right of way lines of public roads, streets or highways.

����� (iii) Ordinary high water or ordinary low water of tidal lands.

����� (iv) Right of way lines of railroads.

����� (v) Any line identified on the plat of any recorded subdivision defined in ORS 92.010.

����� (vi) Donation land claims.

����� (vii) Line of ordinary high water and line of ordinary low water of rivers and streams, as defined in ORS 274.005, or the thread of rivers and streams.

����� (B) In lieu of the requirements of subparagraph (A) of this paragraph, boundary change areas conforming to areas of the United States Public Land Survey System may be described by township, section, quarter-section or quarter-quarter section, or if the areas conform to subdivision lots and blocks, may be described by lot and block description.

����� (c) The county assessor or the department shall provide a map to the person, body, officer or agency making the filing within 14 days after the filing body notifies the assessor and department that a boundary change is being proposed. Upon receipt, the filing body shall accurately enter the boundary line on the map.

����� (d) The description and map must be filed in final approved form on or before March 31 of the assessment year to which the boundary change applies. Proposed changes must be certified to the county assessor and the department in the same manner as changes. If the taxing district is located in more than one county, the description and map shall be filed with the assessor in each county and with the department within the time provided in this subsection.

����� (3) For purposes of this section, boundary change means the change that occurs in the boundaries of a district by reason of:

����� (a) The formation of a new district;

����� (b) The consolidation or merger of two or more districts or parts thereof;

����� (c) The annexation of territory by a district;

����� (d) The withdrawal of territory from a district; or

����� (e) The dissolution of a district.

����� (4) For purposes of this section, the establishment of tax zones within a district constitutes a boundary change.

����� (5) For purposes of this section, a proposed change means a boundary change that has not become final or effective on or before March 31 and that:

����� (a) Is certain to become final or effective before July 1 of the same year; or

����� (b) Is subject to voter approval in an election held before July 1 of the same year and that becomes final or effective before July 1 of the same year.

����� (6) Each description and map filed under subsection (2) of this section shall be submitted to the Department of Revenue and approved or disapproved within 30 days of receipt.

����� (7) Within five days of its determination, the Department of Revenue shall provide notice of its approval or disapproval under subsection (6) of this section to each county assessor with whom a filing has been made and to the filing body. If the description or map is disapproved, the department shall explain what steps must be taken to correct the description or map, and shall cooperate with the filing body in helping it meet the requirements of this section, and whenever possible, the filing deadline of March 31. Corrected descriptions and maps must then be resubmitted to the department, and approved, and filed with the assessor or assessors.

����� (8) The filing of the description and map under this section is for assessment and taxation purposes only and does not affect or relate to filing for any other purpose. [Amended by 1965 c.411 �1; 1969 c.151 �1; 1973 c.501 �1; 1975 c.595 �1; 1981 c.804 �38; 1983 c.426 �1; 1991 c.459 �94; 1997 c.541 �157; 2001 c.246 �11; 2001 c.553 �8; 2010 c.29 �1; 2011 c.204 �1]

����� 308.229 [1989 c.887 �10; 1991 c.459 �95; 1993 c.703 �3; 1997 c.541 �158; repealed by 1999 c.314 �94]

����� 308.230 [Repealed by 1969 c.454 �2]

����� 308.231 Only registered appraisers to appraise real property. Appraisals of real property shall be performed by an appraiser registered under ORS 308.010. [1955 c.575 �2; 1979 c.689 �11; 1991 c.5 �23; 1991 c.459 �96]

����� 308.232 Property to be valued at 100 percent real market value and assessed at assessed value. All real or personal property within each county not exempt from ad valorem property taxation or subject to special assessment shall be valued at 100 percent of its real market value. Unless the property is subject to maximum assessed value adjustment under ORS 308.149 to 308.166, the property shall be assessed at the property�s assessed value determined under ORS 308.146. [1953 c.701 �2; 1959 c.519 �1; 1961 c.243 �1; 1967 c.293 �6; 1979 c.241 �33; 1981 c.804 �39; 1985 c.613 �8; 1991 c.459 �97; 1997 c.541 �159]

����� 308.233 Use of sales data for physical appraisal. (1) For purposes of making a physical appraisal of property for ad valorem property taxation, in arriving at the value level for the property, any sales data used shall be examined, analyzed, adjusted and otherwise utilized in such a manner that the value level determined for the property is substantially equivalent to the value level that would be determined if the sales data utilized was the same sales data, and was examined, analyzed, adjusted and otherwise utilized in the same manner as the sales data utilized in making the certified ratio study under ORS 309.200.

����� (2) The purpose of this section is to achieve equality and uniformity in assessed values between properties that are physically appraised and those that are not physically appraised, but subject to trending or indexing for the particular assessment year. [1979 c.241 �51; 1989 c.330 �15; 1991 c.459 �98; 1997 c.541 �160]

����� Note: 308.233 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 308 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 308.234 Record of last appraisal; Department of Revenue to approve methods of appraisal. The county assessors shall preserve in their respective offices records to show when each parcel of real property was last appraised. Each parcel of real property shall be appraised using a method of appraisal approved by the Department of Revenue by rule. [1955 c.575 �1; 1967 c.105 �1; 1967 c.293 �8; 1997 c.541 �161]

����� 308.235 Valuation of real property. (1) Taxable real property shall be assessed by a method which takes into consideration:

����� (a) The applicable land use plans, including current zoning and other governmental land use restrictions;

����� (b) The improvements on the land and in the surrounding country and also the use, earning power and usefulness of the improvements, and any rights or privileges attached thereto or connected therewith; and

����� (c) The quality of the soil, and the natural resources in, on or connected with the land, its conveniences to transportation lines, public roads and other local advantage of a similar or different kind.

����� (2) If land is situated within an irrigation, drainage, reclamation or other improvement district, the value of the land shall not be considered to be increased until the construction and improvement of the district have been completed to the point that water may be delivered to or removed from the land, as the case may be. [Amended by 1953 c.701 �2; 1957 c.324 �4; subsection (2) enacted as 1967 c.601 �12; 1969 c.601 �14; 1975 c.671 �1; 1981 c.804 �40]

����� 308.236 Land values to reflect presence of roads; roads not assessed; exception for certain timber roads. (1) The availability, usefulness and cost of using roads, including all roads of the owner of land or timber and all roads that the owner has the right to use, shall be taken into consideration in determining the real market value of land.

����� (2) Farm or grazing land roads and forest roads themselves, except principal exterior timber access roads, shall not be appraised, valued or assessed and they shall not be classed as improvements under ORS 308.215. The underlying land upon which roads are constructed shall be assessed if it is otherwise subject to assessment.

����� (3) As used in this section:

����� (a) �Road� includes fills, ballast, bridges, culverts, drains, surfacing and other appurtenances of a like kind commonly associated with roads but excludes railroads.

����� (b) �Principal exterior timber access roads� means those portions of high standard main-line private roads that provide access from a conversion center or public way to the exterior boundary of the principal forest area served by the road. A high standard main-line private road is a permanent road of two lanes or more that is paved or macadamized or that has a fine-gravel surface that is permanently and continuously maintained. [1963 c.230 �2; 1977 c.892 �35; 1987 c.305 �7; 1989 c.1083 �8; 1991 c.459 �99; 1999 c.1078 �62; 2003 c.46 �16; 2003 c.621 �80]

����� 308.237 [1961 c.695 �1; repealed by 1963 c.577 �11]

����� 308.238 [1961 c.695 �2; repealed by 1963 c.577 �11]

����� 308.239 [1965 c.622 �1; 1967 c.633 �1; renumbered 308.345]

����� 308.240 Description of real property; assessment to �unknown owners�; mistake or omission in owner�s name; error in description of property. (1) Real property may be described by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page of any public record of the county where the description may be found, or in such other manner as to cause the description to be capable of being made certain. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property.

����� (2) If the owner of any land is unknown, such land may be assessed to �unknown owner,� or �unknown owners.� If the property is correctly described, no assessment shall be invalidated by a mistake in the name of the owner of the real property assessed or by the omission of the name of the owner or the entry of a name other than that of the true owner. Where the name of the true owner, or the owner of record, of any parcel of real property is given, the assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed of conveyance from the owner, or is such that, in an action to enforce a contract to convey employing such description, a court with jurisdiction to grant equitable remedies would hold it to be good and sufficient.

����� (3) Any description of real property which conforms substantially to the requirements of this section shall be a sufficient description and designation in all proceedings of assessment for taxation, levy and collection of taxes, foreclosure and sale for delinquent taxes or assessments, and in any other proceeding related to or connected with the taxation of such property. [Amended by 1957 c.324 �5; 1979 c.284 �135; 1993 c.19 �7]

����� 308.242 Assessor�s authority to change roll after September 25 limited; when changes permitted; stipulations. (1) The assessor may not make changes in the roll after September 25 of each year except as provided in subsections (2) and (3) of this section or as otherwise provided by law.

����� (2) After the assessment roll has been certified and on or before December 31, the assessor may make changes in valuation judgment that result in a reduction in the value of property, if so requested by the taxpayer or upon the assessor�s own initiative. Corrections under this section to accounts appraised by the Department of Revenue pursuant to ORS 306.126 and 308.505 to 308.674 may not be made without the approval of the department.

����� (3)(a) If a petition for reduction has been filed with the property value appeals board, the assessor may change the roll if the assessor and the petitioner stipulate to a change in valuation judgment that results in a reduction in value. The stipulation may be made at any time up until the convening of the board.

����� (b) Stipulations agreed to by the assessor and the petitioner under this subsection shall be delivered to the clerk of the board prior to the convening of the board.

����� (c) As used in this subsection, �stipulation� means a written agreement signed by the petitioner and the assessor that specifies a reduction in value to be made to the assessment and tax roll.

����� (4) Any change in value made under subsection (2) or (3) of this section shall be made in the manner specified in ORS 311.205 and 311.216 to 311.232. [1957 c.324 �7; 1981 c.804 �40a; 1983 s.s. c.5 �4; 1991 c.459 �100; 1993 c.270 �27; 1997 c.541 �162; 2001 c.423 �1; 2003 c.36 �1; 2007 c.590 �1; 2023 c.29 �12]

����� 308.245 Maps; taxpayers� index. (1) The assessor of each county shall maintain a set of maps upon which are outlined the boundaries of each land parcel subject to separate assessment within the county, with the parcel�s tax lot or account number shown on the parcel. In addition, the assessor may show on the maps the code area boundaries and the assigned code area numbers.

����� (2) The assessor shall also make a diagram or drawing of all property within the county of the assessor submitted to the provisions of ORS 100.005 to 100.910, and shall note thereon the assigned account or tax lot number.

����� (3) The assessor shall maintain an index of the names of every taxpayer against whom any tax is charged in the county, in alphabetical order with reference to the first three letters of the surname of taxpayers who have surnames, and of the first names of any others. The index shall be indexed to the assessment rolls and the place therein where the assessment of such taxpayer is found.

����� (4) The maps and the index provided for in this section shall be public records. [Amended by 1963 c.541 �44; 1965 c.344 �7]

����� 308.250 Valuation and assessment of personal property; property not subject to taxation in certain cases; annual notice authorized; form attesting no change in property; indexing. (1) All personal property not exempt from ad valorem taxation or subject to special assessment shall be valued at 100 percent of its real market value, as of January 1, at 1:00 a.m. and shall be assessed at its assessed value determined as provided in ORS 308.146.

����� (2) Notwithstanding subsection (1) of this section:

����� (a) If the total assessed value of all taxable personal property of any taxpayer assessable in any county that is required to be reported under ORS 308.290, and of all residential floating structures of the taxpayer assessable in the county that are not required to be reported under ORS 308.290 (1)(b)(C), is less than $12,500 in any assessment year, the property is not subject to ad valorem property taxation for that year.

����� (b) Manufactured structures of a taxpayer are not subject to ad valorem property taxation for any assessment year in which, in a county with a population of more than 340,000 but less than or equal to 570,000, the total assessed value of all manufactured structures taxable as personal property under ORS 308.875 of the taxpayer is less than $12,500.

����� (3)(a) Notwithstanding subsection (1) of this section, manufactured structures of a taxpayer are not subject to ad valorem property taxation for any assessment year in which, in a county with a population of more than 570,000, the total assessed value of all manufactured structures taxable as personal property under ORS 308.875 of the taxpayer is less than:

����� (A) $25,000; or

����� (B) A maximum dollar amount of $25,000 or more, if adopted by the governing body of the county for the assessment year.

����� (b) Notwithstanding subsection (1) of this section, the governing body of a county with a population of more than 570,000 may grant a partial exemption for all manufactured structures taxable as personal property in a dollar amount adopted by the county. The dollar amount shall be subtracted from the total assessed value of the property.

����� (c) The governing body of a county that adopts a dollar amount under paragraph (a)(B) or (b) of this subsection must notify the county assessor on or before January 1 of the assessment year for which the county first intends the dollar amount to apply.

����� (4)(a) On or around January 1 of each year, the county assessor may provide notice to each taxpayer whose taxable personal property is not subject to ad valorem property taxation for the current property tax year under subsection (2)(a) of this section.

����� (b) Notice provided under this subsection shall:

����� (A) State that the taxpayer�s personal property is not subject to ad valorem property taxation for the current property tax year.

����� (B) Include a form prescribed by the Department of Revenue by rule on which the taxpayer may attest by signing the form that the taxpayer has not added or deleted any taxable personal property since the prior assessment year.

����� (C) State that, if the taxpayer has added or deleted personal property since the prior assessment year, the taxpayer is required to submit to the county assessor a signed business personal property return with an updated asset detail list on or before March 15.

����� (c) A signed form returned to the county assessor within the time required under ORS 308.290 shall be sufficient to make the taxable personal property of the taxpayer identified in the notice not subject to ad valorem property taxation for the subsequent property tax year.

����� (5)(a) For each tax year beginning on or after July 1, 2003, the Department of Revenue shall recompute the maximum amount of the assessed value of taxable personal property in subsections (2)(a) and (b) and (3)(a)(A) and (B) of this section as follows:

����� (A) Divide the average Consumer Price Index for All Urban Consumers, West Region, for the prior calendar year by the average U.S. City Average Consumer Price Index for 2002.

����� (B) Recompute the maximum amount of assessed value under subsection (2)(a) or (b) of this section by multiplying $12,500 or $25,000, as applicable, by the appropriate indexing factor determined as provided in subparagraph (A) of this paragraph.

����� (b) As used in this subsection:

����� (A) �Consumer Price Index for All Urban Consumers, West Region� means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

����� (B) �U.S. City Average Consumer Price Index� means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor.

����� (c) If any change in the maximum amount of assessed value determined under paragraph (a) of this subsection is not a multiple of $500, the increase shall be rounded to the nearest multiple of $500. [Amended by 1953 c.349 �3; 1959 c.553 �1; 1965 c.429 �3; 1971 c.529 �34; 1971 c.610 �1; 1973 c.62 �1; 1979 c.529 �3; 1979 c.692 �4; 1981 c.804 �41; 1985 c.422 �1; 1985 c.613 �9; 1991 c.459 �101; 1993 c.813 �1; 1995 c.513 �4; 1997 c.541 �163; 1997 c.819 �1; 2001 c.479 �1; 2003 c.63 �1; 2007 c.613 �2; 2010 c.69 ��1,2; 2013 c.205 �1; 2015 c.38 �2; 2015 c.217 �1; 2017 c.420 �1; 2019 c.533 �1; 2022 c.96 �3; 2023 c.172 �2]

����� 308.253 [1985 c.416 �2; 1991 c.459 �102; repealed by 2003 c.655 �143]

����� 308.255 [Amended by 1955 c.735 �7; repealed by 1957 c.342 �1 (308.256 enacted in lieu of 308.110 and 308.255)]

����� 308.256 Assessment, taxation and exemption of watercraft and materials of shipyards, ship repair facilities and offshore drilling rigs. (1) Watercraft of water transportation companies shall be assessed as provided in ORS 308.505 to

ORS 308.232

308.232 and 308.235 utilizing the market data approach (sales of comparable properties), the cost approach (reproduction or replacement cost of the plant) or the income approach (capitalization of income) or by two or more approaches. The assessed value of an industrial plant shall be determined under ORS 308.146.

����� (2) The owner of a plant may elect to have the plant appraised and valued for ad valorem property tax purposes excluding the income approach to valuation. An owner making an election under this subsection must further determine which of the following paragraphs is applicable to the election:

����� (a) If this paragraph applies to the election, the owner may not be required to provide any itemization of income or expense of the industrial plant for use in making an appraisal of the plant for ad valorem property tax purposes; or

����� (b) If this paragraph applies to the election, the owner may not be required to provide any itemization of income of the industrial plant for use in making an appraisal of the plant for ad valorem property tax purposes, but may be required to provide an itemization of operating expenses of the industrial plant for use in measuring functional obsolescence in a market data approach or cost approach to valuation.

����� (3) Not less than 30 days prior to the making of a physical appraisal or reappraisal of an industrial plant by the Department of Revenue or by a county assessor, the department or assessor shall notify the owner of the plant by mail, return receipt requested, of the intention to physically appraise the plant. The notice shall inform the owner of the date the appraisal is to commence. In commencing the appraisal and to aid the owner in making an election under subsection (2) of this section, the department�s or assessor�s appraisers first shall make a preliminary survey of the plant as to the methods and approaches to the valuation of the plant to be used in the appraisal. The owner or owner�s representative shall immediately thereafter meet with the appraisers, and within two days after the meeting may give written notice to the appraisers that the owner elects to have the plant valued in accordance with subsection (2) of this section. The written notice shall state which paragraph of subsection (2) of this section is applicable to the election. Failure to make the election precludes the owner from making the election for the tax year in which the valuation determined by the physical appraisal is first used on the assessment and tax rolls of the county.

����� (4) If an owner does not make an election under subsection (2) of this section, the owner shall make available to the assessor or department all information requested by the assessor or department needed to determine the real market value for the plant. At the request of the owner, the information shall be made the confidential records of the office of the assessor or of the department, subject to the provisions of ORS 305.420 and 305.430.

����� (5) If an owner makes an election under subsection (2) of this section, the owner may not in any proceedings involving the assessment of the industrial plant for the tax year for which the election was made, before the county property value appeals board or the Oregon Tax Court, be entitled to introduce evidence relating to the use of the income approach to valuation of the plant or introduce any information protected under the election.

����� (6)(a) On or before December 31 of the tax year in which the election under subsection (2) of this section first applies to an assessment and tax roll, or on or before December 31 of any subsequent tax year, if the owner is dissatisfied with the election under subsection (2) of this section, the owner may revoke or revise the election.

����� (b) If the election is revoked, the owner may request the Department of Revenue or the county assessor, whichever is applicable, to revalue the plant for the next tax year using the appraisal methods set forth in subsection (1) of this section.

����� (c) If the election is revised, the paragraph of subsection (2) of this section that was not applicable to the election shall become applicable to the election in lieu of the paragraph applicable before revision. If the election is revised, the owner may request the Department of Revenue or the county assessor, whichever is applicable, to revalue the plant for the next tax year in accordance with the revised election.

����� (d) If a revocation or revision of an election is sought, the owner shall demonstrate that the determination of real market value requires taking into consideration the utilization of the income approach to valuation or the measurement of functional obsolescence using operating expense information. Thereafter, at the request of the department or the assessor, the owner shall make available to the department or the assessor all information requested by the department or the assessor as provided in subsection (4) of this section within 30 days following the department�s or the assessor�s request. If the owner fails to provide the information and a revocation had been sought, the election under subsection (2) of this section shall continue. If the owner fails to provide the information and a revision had been sought, the paragraph of subsection (2) that applied prior to the attempted revision shall continue to apply to the election. Under either circumstance, in any proceedings involving the assessment of the industrial plant for subsequent tax years, before the county property value appeals board or the Oregon Tax Court, the owner may not introduce evidence relating to the income approach to valuation or introduce any information protected under the election. If the department or assessor makes such a redetermination of the valuation as may, in their opinion, be necessary, the department or assessor shall furnish to the owner prior to the following May 1 a statement of the value of the plant as redetermined by the department or the assessor, with an explanation of the adjustments made.

����� (7) After any physical appraisal of an industrial plant or after the appraisal is updated for use on the assessment and tax rolls for a subsequent year, but in any event prior to May 1 of the assessment year for which the appraisal or update applies, the owner may request a conference with the department or with the assessor concerning the determination of real market value under the physical appraisal or updating of the appraisal. If the request for a conference is made, the department or the assessor shall give written notice to the owner of the time and place for the conference for an informal discussion of the valuation.

����� (8) Except as provided in this section, no owner of an industrial plant shall be required to make available to the assessor or department, any itemization of income and expense of the industrial plant for use in an income approach to valuation in making an appraisal of an industrial plant for purposes of ad valorem property taxation. However, information furnished pursuant to subsection (4) of this section is available to the county assessor and to the department for purposes of preparing valuations of other industrial plants, subject to the provisions of ORS 308.413.

����� (9) Nothing in this section shall preclude the request for and use of information from an owner of an industrial plant concerning cost items, whether materials, labor or otherwise, for use in the reproduction cost approach to the valuation of the plant. In no event shall the application of subsection (2) of this section operate to value an industrial plant below its real market value for ad valorem property tax purposes under ORS 308.232. The election of an owner under subsection (2) of this section to forgo the consideration of the income approach to valuation shall constitute an irrevocable waiver of any subsequent claim that the failure of the assessor or the department to consider the income approach resulted in a valuation in excess of the real market value of the plant under ORS 308.232.

����� (10) If the owner of an industrial plant has made an election under subsection (2) of this section, a subpoena for the production of information for the industrial plant that is protected by the election may not be issued while that election is in effect.

����� (11) Notwithstanding subsection (3) of this section concerning the time for making an election under subsection (2) of this section, if the owner of an industrial plant receives notice under ORS 305.392 that a subpoena will be issued for income or expense information for the industrial plant, and the owner has not previously made an election under subsection (2) of this section that is in effect, the owner may make the election allowed under subsection (2) of this section within the 60-day period specified in ORS 305.392. Any owner making an election under this subsection may not revoke or revise that election until after the industrial plant is next assessed for ad valorem tax purposes.

����� (12) Notwithstanding subsection (2) of this section, nothing in this section is intended to exclude the capitalization of market rents from the appraisal of buildings.

����� (13) The department may adopt any rules necessary to carry out the purposes of this section. [1981 c.139 �2; 1991 c.459 �132; 1993 c.270 �33; 1993 c.353 �8; 1995 c.79 �129; 1995 c.650 �88; 1995 c.724 �1; 1997 c.541 ��193,194; 1999 c.579 �30; 2023 c.29 �16]

����� Note: See note under 308.408.

����� 308.412 Effect of election to exclude income approach to value under prior law. An owner that made an election that was in effect under ORS 308.411 (1997 Edition) shall be considered to have chosen ORS 308.411 (2)(a) to apply to the election. The owner may revise or revoke the election pursuant to ORS 308.411 (6). [1999 c.579 �31]

����� Note: See note under 308.408.

����� 308.413 Confidential information furnished under ORS 308.411; exception; rules. (1) Any information furnished to the county assessor or to the Department of Revenue under ORS 308.411 which is obtained upon the condition that it be kept confidential shall be confidential records of the office in which the information is kept, except as follows:

����� (a) All information furnished to the county assessor shall be available to the department and all information furnished to the department shall be available to the county assessor.

����� (b) All information furnished to the county assessor or department shall be available to any reviewing authority in any subsequent appeal.

����� (c) The department may publish statistics based on the information furnished if the statistics are so classified as to prevent the identification of the particular industrial plant.

����� (2) The Department of Revenue shall make rules governing the confidentiality of information under this section.

����� (3) Each officer or employee of the Department of Revenue or the office of the county assessor to whom disclosure or access of the information made confidential under subsection (1) of this section is given, prior to beginning employment or the performance of duties involving such disclosure, shall be advised in writing of the provisions of this section and ORS 308.990 (5) relating to penalties for the violation of this section, and shall as a condition of employment or performance of duties execute a certificate for the department or the assessor in a form prescribed by the department, stating in substance that the person has read this section and ORS 308.990 (5), that these sections have been explained to the person and that the person is aware of the penalties for violation of this section. [1981 c.139 �3]

����� Note: See note under 308.408.

����� 308.415 [Amended by 1967 c.105 �2; 1975 c.780 �7; repealed by 1979 c.689 �27]

DESTROYED OR DAMAGED PROPERTY

����� 308.425 Proration of taxes after destruction or damage; specially assessed property; cancellation of taxes; refunds; treatment of repairs; rules. (1) As used in this section, �property� means:

����� (a)(A) All property within a single tax account, other than specially assessed property; and

����� (B) Specially assessed property.

����� (b) �Specially assessed property� means any portion of a property tax account that is subject to special assessment under a program codified in ORS chapter 308A or 321.

����� (2) If, during any tax year, any real or personal property is destroyed or damaged by fire or act of God, the property owner, as defined in ORS 308.146, may apply to the tax collector for proration of the taxes imposed on the property for the tax year. Application under this subsection for proration of taxes shall be made not later than the end of the tax year or 60 days following the date on which the property was destroyed or damaged, whichever is later. If the application is approved, the tax collector shall prorate the taxes imposed on the property in accordance with this section.

����� (3) Notwithstanding subsection (2) of this section, if the tax collector of a county that is included in the geographical area covered by a state of emergency declared by the Governor due to fire or act of God, or subject to actions taken under the authority of the Governor under ORS 476.510 to 476.610, knows or has reason to believe that property located in the county has been destroyed or damaged by the fire or act of God, the tax collector may prorate the taxes imposed on the property in accordance with this section.

����� (4) For property that is destroyed or damaged as described in subsection (2) or (3) of this section, the tax collector shall collect only one-twelfth of the taxes imposed on the property for the tax year, for each month during the tax year that preceded the month in which the property was destroyed or damaged.

����� (5)(a) For the month in which property as defined in subsection (1)(a)(A) of this section was destroyed or damaged, and for each succeeding month of the tax year, the tax collector shall collect that percentage of one-twelfth of the taxes imposed on such property that the real market value of the property after the destruction or damage bears to the real market value of the property before the destruction or damage as reflected in the last certified assessment roll. The county assessor shall advise the tax collector of the value percentage required under this paragraph.

����� (b) For the month in which specially assessed property was destroyed or damaged, and for each succeeding month of the tax year, the tax collector shall collect that percentage of one-twelfth of the taxes imposed on the specially assessed property that the lesser of the real market value or the assessed value of the specially assessed property after the destruction or damage bears to the assessed value of the specially assessed property before the destruction or damage. The county assessor shall advise the tax collector of the value percentage required under this paragraph.

����� (6) The tax collector shall cancel any taxes not to be collected under subsections (4) and (5) of this section.

����� (7) If proration under this section results in an overpayment of taxes paid, the amount of the overpayment shall be refunded in the manner prescribed in ORS 311.806.

����� (8) Property that is added to a property tax account to repair or replace property that was destroyed or damaged as described in subsection (2) or (3) of this section shall be considered to be new property or new improvements to property under ORS 308.153 for the assessment year in which the repairs or replacements are first taken into account.

����� (9) The Department of Revenue may adopt rules that establish procedures for the implementation of this section. [1971 c.497 �1; 1974 c.14 �1; 1975 c.778 �1; 1975 c.780 �20; 1981 c.804 �61; 1983 c.85 �1; 1991 c.459 �132a; 1997 c.541 �196; 1999 c.20 �1; 2003 c.655 �64; 2007 c.450 �2; 2015 c.31 �2; 2021 c.356 �1]

����� 308.428 [1999 c.20 �2; 2007 c.450 �3; repealed by 2015 c.92 �2]

����� 308.429 Relief not allowed in case of arson by property owner. No relief under ORS 308.146 (5) or (6) or 308.425 shall be given to any person who is convicted of arson with regard to the property for which relief is sought. [Formerly 308.440]

����� 308.430 [1971 c.497 �2; repealed by 1974 s.s. c.14 �3]

����� 308.434 Homesteads destroyed by wildfire; special assessment of rebuilt homesteads; fees; application procedure; disqualification; appeals; treatment of added property. (1) As used in this section:

����� (a) �Destroyed homestead� means a homestead that was destroyed by wildfire between September 1, 2020, and September 30, 2020, in a county included in the geographical area covered by a state of emergency declared in response to the wildfire.

����� (b) �Eligible property� means a rebuilt homestead to the extent that the total square footage of the rebuilt homestead does not exceed the total square footage of the destroyed homestead that the rebuilt homestead replaces.

����� (c) �Homestead� has the meaning given that term in ORS 311.666.

����� (d) �Rebuilt homestead� means a homestead that is constructed to replace a destroyed homestead by the same owner on the same lot.

����� (2)(a) The governing body of a county may elect by ordinance or resolution to allow eligible property to be assessed and taxed in accordance with this section.

����� (b) The ordinance or resolution may:

����� (A) Prescribe the methods by which the assessor administers this section, including, but not limited to, how claims are made; and

����� (B) Impose a fee on the owner of the rebuilt homestead for the actual cost to the county of recording the notice under subsection (8)(b) of this section.

����� (3)(a) Eligible property may be granted a specially assessed value that equals the real market value of the destroyed homestead as shown on the tax statement delivered pursuant to ORS 311.250 for the property tax year that began on July 1, 2020.

����� (b) For the first property tax year for which eligible property is assessed under this section, the eligible property�s maximum specially assessed value shall equal the product of the specially assessed value multiplied by the ratio, not greater than 1.00, of the maximum assessed value the eligible property would have had for the applicable property tax year if it were not specially assessed to the real market value of the eligible property for the applicable property tax year.

����� (c) For each year after the first property tax year for which the eligible property is specially assessed under this section and before disqualification from the specially assessed value, the maximum specially assessed value shall equal the greater of 103 percent of the eligible property�s assessed value from the prior property tax year or 100 percent of the eligible property�s maximum specially assessed value from the prior property tax year.

����� (d) Property within the same property tax account that is not eligible property shall be assessed and taxed as other property similarly situated is assessed and taxed.

����� (e) For purposes of this section, square footage shall be determined by the assessor of the county in which the rebuilt homestead is located.

����� (4) The assessed value of the eligible property for any property tax year during which the eligible property is granted a specially assessed value under this section shall be the least of:

����� (a) The eligible property�s maximum specially assessed value as determined under subsection (3) of this section;

����� (b) The eligible property�s real market value; or

����� (c) The eligible property�s specially assessed value as determined under subsection (3) of this section.

����� (5) A specially assessed value may be claimed for property tax years beginning on or after July 1, 2021.

����� (6) A claim for a specially assessed value for property under this section must:

����� (a) Be in writing on a form supplied by the Department of Revenue;

����� (b) Describe both the destroyed homestead and the rebuilt homestead;

����� (c) Recite all facts establishing the eligibility of the rebuilt homestead for the specially assessed value; and

����� (d) Have attached:

����� (A) Any information or documentation required by the department; and

����� (B) A written declaration by the applicant, subject to penalties for false swearing, that the statements contained in the claim are true.

����� (7)(a)(A) A claim for an initial year of specially assessed value must be filed with the assessor of the county in which the rebuilt homestead is located after January 1 and on or before April 1 immediately preceding the first property tax year for which the specially assessed value is claimed.

����� (B) Notwithstanding subparagraph (A) of this paragraph, a claim for an initial year of specially assessed value for the property tax years beginning on July 1, 2021, July 1, 2022, July 1, 2023, or July 1, 2024, must be filed no later than December 31, 2025.

����� (b) For each subsequent property tax year for which the specially assessed value is claimed, the owner of the rebuilt homestead must file an attestation, under penalties for false swearing, that the owner will continue to occupy the rebuilt homestead as the owner�s principal dwelling for the entirety of the property tax year.

����� (8)(a) If all or any part of the rebuilt homestead is determined to be eligible property, a timely claim for the specially assessed value has the effect of requiring the county assessor to determine the total amount of taxes due on the eligible property in accordance with this section until the property tax year determined under subsection (9) of this section.

����� (b) Each year that eligible property is granted a specially assessed value under this section, the county assessor shall enter on the assessment and tax roll that the eligible property is specially assessed and is subject to potential additional taxes by adding the notation �potential additional taxes.�

����� (9) Eligible property shall be assessed and taxed as other property similarly situated is assessed and taxed beginning with the property tax year that immediately succeeds the earliest of:

����� (a) The date on which the rebuilt homestead is no longer occupied by the owner as a homestead, except when the owner is required to be absent by reason of health or active military service;

����� (b) The date on which the rebuilt homestead is rented to another person for any duration; or

����� (c) The date on which the rebuilt homestead is transferred to new ownership.

����� (10) If the grant of a specially assessed value under this section results in an overpayment of taxes paid, the amount of the overpayment shall be refunded in the manner prescribed in ORS 311.806.

����� (11) Any individual aggrieved by the denial of a claim for a specially assessed value under this section may appeal to the Oregon Tax Court in the manner provided under ORS 305.404 to 305.560.

����� (12) Property other than eligible property that is added to the property tax account of the rebuilt homestead during the period of specially assessed value shall be considered to be new property or new improvements to property under ORS 308.153 for the assessment year in which the added property is first taken into account.

����� (13) If the governing body of a county adopts an ordinance or resolution that amends or ends the specially assessed value in the county, eligible property that has been granted a specially assessed value under this section before the effective date of the ordinance or resolution shall continue to receive the specially assessed value on the same terms in effect when the specially assessed value was first granted until a circumstance listed in subsection (9) of this section occurs.

����� (14) The specially assessed value available under this section is in addition to and not in lieu of any other property tax limit, exemption or partial exemption, special assessment or deferral.

����� (15) ORS 315.037 does not apply to this section. [2024 c.94 �1]

����� Note: 308.434 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 308 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 308.435 [1971 c.497 �3; repealed by 1974 s.s. c.14 �3]

����� 308.440 [1971 c.497 �4; 1974 c.14 �2; 2001 c.422 �3; renumbered 308.429 in 2025]

REHABILITATED RESIDENTIAL PROPERTY

����� 308.450 Definitions for ORS 308.450 to 308.481. As used in ORS 308.450 to 308.481:

����� (1) �Distressed area� means a primarily residential area of a county or city that is designated as a distressed area by the county or city because the area is detrimental to the safety, health and welfare of the community due to the following factors:

����� (a) Deterioration;

����� (b) Inadequate or improper facilities;

����� (c) The existence of unsafe or abandoned structures, including but not limited to a significant number of vacant or abandoned single or multifamily residential units; or

����� (d) Any combination of these or similar factors.

����� (2) �Governing body� means the city or county legislative body having jurisdiction over the property for which a limited assessment may be applied for under ORS 308.450 to

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 319.010

319.010 to 319.420. If the examinations or investigations disclose that any reports of dealers or other persons theretofore filed with the department pursuant to the requirements of ORS 319.010 to 319.420, have shown incorrectly the amount of gallonage of motor vehicle fuel distributed or the tax, penalty or interest accruing thereon, the department may make such changes in subsequent reports and payments of such dealers or other persons, or may make such refunds, as may be necessary to correct the errors disclosed by its examinations or investigations. [Amended by 1987 c.610 �14]

����� 319.375 Limitation on credit for or refund of overpayment and on assessment of additional tax. (1) Except as otherwise provided in ORS 319.010 to 319.420, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three years after the date on which the overpayment was made to the state.

����� (2) Except in the case of a fraudulent report or neglect to make a report, every notice of additional tax proposed to be assessed under ORS 319.010 to 319.420 shall be served on dealers within three years from the date upon which such additional taxes become due. [1955 c.730 �14; 1987 c.610 �15]

����� 319.380 Examining books and accounts of carrier of motor vehicle fuel. The Department of Transportation or its duly authorized agents may at any time during normal business hours examine the books and accounts of any carrier of motor vehicle fuel operating within this state for the purpose of checking shipments or use of motor vehicle fuel, detecting diversions thereof or evasion of taxes on same in enforcing the provisions of ORS 319.010 to 319.420.

����� 319.382 Agreements for refunds to Indian tribes. Notwithstanding any other provision of law, the Department of Transportation may enter into agreements with the governing body of any Indian tribe residing on a reservation in Oregon to provide refunds to the tribe of state motor vehicle fuel taxes for fuel purchased on the reservation and used by tribal members on tribal reservation lands, other than for motor vehicle fuel used on state highways, county roads or city streets supported by the State Highway Fund. [1993 c.706 �2]

����� 319.390 Records to be kept by dealers; inspection of records. 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. [Amended by 1955 c.730 �11; 1987 c.610 �16]

����� Note: 319.390 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

����� 319.400 Records to be kept three years. Every dealer shall maintain and keep, within the State of Oregon, for a period of three years, all records of motor vehicle fuel used, sold and distributed within this state by such dealer, together with stock records, invoices, bills of lading and other pertinent papers as may be required by the Department of Transportation. [Amended by 1955 c.730 �12; 1987 c.610 �17]

����� 319.410 Disposition of tax moneys. (1) The Department of Transportation shall promptly turn over the license tax to the State Treasurer to be disposed of as provided in ORS 802.110.

����� (2) The revenue from the license tax collected from the use, sale or distribution of aircraft fuel as imposed by ORS 319.020 (2) shall be transferred upon certification of the department to the State Treasurer, who shall credit the certified amount to the State Aviation Account for the purpose of carrying out the provisions of the state aviation laws. [Amended by 1955 c.287 �20; 1961 c.146 �2; 1963 c.226 �3; 1969 c.70 �1; 1983 c.338 �909; 1993 c.741 �29; 1999 c.935 �27; 2005 c.755 �17]

����� 319.415 Estimate of tax on fuel used for boats; transfer to specified funds and accounts; use. (1) On or before July 15 of each year, the Oregon Department of Administrative Services, after consultation with the Department of Transportation and the State Marine Board, shall determine the amount of the motor vehicle fuel tax imposed under ORS 319.010 to 319.420 during the preceding fiscal year with respect to fuel purchased and used to operate or propel motor boats. The amount determined shall be reduced by the amount of any refunds for motor boats used for commercial purposes actually paid during the preceding year on account of ORS 319.280 (1)(a).

����� (2)(a) The Oregon Department of Administrative Services shall estimate the amount of fuel described in subsection (1) of this section that is used to operate or propel motor boats by conducting a statistically valid, unbiased, independent survey of boat owners. The survey shall be conducted once every four years and shall be designed to estimate the average daily fuel consumption by motor boats and the total days of motor boat use per year. The survey shall be used to determine the amount of the transfer required by subsection (3) of this section for the first transfer that occurs after the survey is completed. If the tax rate changes during the fiscal year, the amount of tax to be transferred shall be prorated based on the percentage of total motor boat use taking place during each tax period.

����� (b) In years when no survey is conducted, the amount to be transferred under subsection (3) of this section shall be calculated by multiplying the per boat fuel consumption factors from the preceding survey by the number of motor boats as shown by the annual actual count of boat registrations. The resulting amount, in gallons per year, shall be the basis for the determination of the amount to be transferred.

����� (c) The survey required by paragraph (a) of this subsection shall be developed by a research department within Oregon State University, in consultation with the State Marine Board and the Department of Transportation. The Oregon Department of Administrative Services shall contract for the development and conduct of the survey, and the costs shall be paid by the Department of Transportation. Costs paid by the Department of Transportation may be deducted from the amount transferred to the State Marine Board and to the Oregon Business Development Department under subsection (3) of this section.

����� (3) The Oregon Department of Administrative Services shall certify the amount of the estimate made under subsection (1) of this section, as reduced by refunds, to the Department of Transportation, to the State Marine Board, to the Oregon Business Development Department and to the State Treasurer. Thereupon, that amount shall be transferred from the Department of Transportation Driver and Motor Vehicle Suspense Account to the:

����� (a) Boating Safety, Law Enforcement and Facility Account created under ORS 830.140, and is continuously appropriated to the State Marine Board for the purposes for which the moneys in the Boating Safety, Law Enforcement and Facility Account are appropriated; and

����� (b) Marine Navigation Improvement Fund established under ORS 777.267, and is continuously appropriated to the Oregon Business Development Department for the Oregon Infrastructure Finance Authority for the purposes of paying for portions of the cost of maintenance dredging projects undertaken with equipment owned by the State of Oregon at publicly owned ports and marinas.

����� (4) Of the amounts transferred under subsection (3) of this section, two cents per gallon of fuel shall first be transferred to the Marine Navigation Improvement Fund and the remaining amounts shall be transferred to the Boating Safety, Law Enforcement and Facility Account. [1985 c.152 �4; 1993 c.741 �30; 1999 c.296 �1; 2005 c.22 �227; 2015 c.767 �96; 2017 c.750 �86]

����� 319.417 Estimate of tax on fuel used in aircraft; transfer to State Aviation Account; use. (1) On or after October 3, 1989, and on or before July 15 of each year thereafter, the Oregon Department of Administrative Services, after consultation with the Department of Transportation and the Director of the Oregon Department of Aviation shall estimate, using a methodology approved by the Oregon Transportation Commission, the amount of the motor vehicle fuel tax imposed under ORS 319.010 to 319.420 during the preceding fiscal year with respect to motor vehicle fuel purchased and used in operating aircraft engines and upon which the full tax for motor vehicle fuel has been paid. The estimate shall be reduced by the amount of any refunds actually paid on motor vehicle fuel, excluding those paid on aviation gasoline or jet fuel, during the preceding fiscal year pursuant to ORS 319.330 (1).

����� (2) The Oregon Department of Administrative Services shall certify the amount of the estimate made under subsection (1) of this section to the Department of Transportation, the Director of the Oregon Department of Aviation and the State Treasurer. Thereupon, the amount of the estimate shall be transferred from the Department of Transportation Driver and Motor Vehicle Suspense Account to the State Aviation Account and is continuously appropriated to the Oregon Department of Aviation to carry out the purposes of ORS chapters 835, 836 and 837. [1989 c.101 �2; 1993 c.741 �31; 1999 c.935 �28]

����� 319.420 ORS

ORS 326.540

326.540]

����� 326.110 [Repealed by 1965 c.100 �456]

DEPARTMENT OF EDUCATION

����� 326.111 Department of Education; composition; functions; subpoenas; rules. (1) The Department of Education is created and shall function under the direction and control of the State Board of Education with the Superintendent of Public Instruction serving as an administrative officer for public school matters.

����� (2) The Department of Education shall consist of:

����� (a) Agencies and officers that are added by law to the Department of Education; and

����� (b) The administrative organizations and staffs required for the performance of the department�s functions.

����� (3) All administrative functions of the State Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to supervision, management and control of schools not conferred by law on some other agency.

����� (4) For the purposes of ORS 327.109, 327.158, 339.285 to 339.303, 659.850 and 659.852:

����� (a) The Department of Education may conduct investigations and issue subpoenas to compel the testimony of any party or witness and the production of documents and other information when such actions are necessary to carry out the department�s duties under those sections and when the information sought is relevant to carrying out the department�s duties under those sections. If any person fails to comply with a subpoena issued as provided by this paragraph or if any party or witness refuses to testify on any matter on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on application of the department, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court.

����� (b) Any books, papers, records, memoranda and other information submitted, collected or maintained for purposes of carrying out the department�s duties under those sections is confidential and not subject to public disclosure during an ongoing investigation of the matter to which the information relates.

����� (c) The State Board of Education may adopt rules for the gathering of information through subpoena. The rules may include procedures through which a party may object to providing the information. [1965 c.100 �10; 1967 c.552 �22; 1989 c.491 �2; 1991 c.757 �1; 1991 c.886 �2; 1993 c.45 �12; 1999 c.39 �3; 2005 c.209 �3; 2023 c.570 �9]

����� 326.113 Employee transfer of unused sick leave. (1) When an employee of the Department of Education leaves the department to become an employee of a school district or an education service district, the employee may transfer any accrued but unused sick leave to the district and may use the transferred sick leave in accordance with the sick leave policy of the district.

����� (2) When an employee of a school district or an education service district leaves the district to become an employee of the Department of Education, the employee may transfer any accrued but unused sick leave to the department and may use the transferred sick leave in accordance with the sick leave policy of the department. [2007 c.119 �1]

����� 326.115 Department of Education Account. The Department of Education Account is established separate and distinct from the General Fund. All moneys received by the Department of Education, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the department to carry out the duties, functions and powers of the department. [2001 c.716 �12]

����� 326.120 [Amended by 1965 c.100 �9; renumbered 326.071]

����� 326.125 Office of School Facilities; rules. (1) For the purpose of assisting school districts and education service districts with capital costs, the Office of School Facilities is established within the Department of Education. The office shall be responsible for:

����� (a) Distributing hardship grants to school districts with facility needs. Grants awarded under this paragraph may not exceed $500,000 and shall be provided to school districts based on the order in which the Department of Education receives the completed applications for the grants. A school district may be eligible for a grant under this paragraph if the school district meets requirements established by the State Board of Education by rule, including any requirements to provide matching funds.

����� (b) Providing technical assistance and establishing and maintaining standards for facilities assessments and long-range facilities plans for school districts and education service districts.

����� (c) Administering a certification program for qualified providers of technical assistance for the purposes described in paragraph (b) of this subsection.

����� (d) Providing grants to school districts and education service districts for the cost of technical assistance for the purposes described in paragraph (b) of this subsection. The State Board of Education may establish by rule requirements for a district to receive a grant under this paragraph. Grants for a district under this paragraph may not exceed the following amounts, as adjusted under subsection (2) of this section:

����� (A) $40,000 for a facilities assessment;

����� (B) $40,000 for a long-range facilities plan;

����� (C) $40,000 for an assessment of district facilities for potential environmental hazards under ORS 332.331; and

����� (D) $40,000 for a seismic assessment or other specialized assessment.

����� (e) Maintaining the Oregon School Facilities Database. The database must include information that:

����� (A) Assists with analyzing, planning and prioritizing school capital improvement needs for school districts and education service districts by providing district-to-district and school-to-school comparisons; and

����� (B) Is required by the State Board of Education by rule.

����� (f) Administering the grant program described in ORS 286A.801.

����� (g) Administering a statewide facilities assessment program.

����� (2) To account for effects of inflation, the State Board of Education shall, by rule, biennially adjust the maximum amounts of technical assistance grants specified in subsection (1)(d) of this section based on 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. [2015 c.783 �5; 2017 c.700 �4; 2021 c.678 �10; 2023 c.175 �2; subsection (2) of 2023 Edition enacted as 2023 c.175 �3]

����� 326.130 [Repealed by 1965 c.100 �456]

����� 326.131 [2007 c.839 �11; repealed by 2012 c.91 �25]

����� 326.133 [2007 c.839 �12; repealed by 2012 c.91 �25]

����� 326.136 [2007 c.839 �13; repealed by 2012 c.91 �25]

����� 326.140 [Amended by 1959 c.121 �1; 1961 c.624 �4; repealed by 1965 c.100 �456]

����� 326.145 Establishment of youth advisory group; membership; duties; meetings. (1) A youth advisory group is established for the purposes of this section.

����� (2)(a) The Deputy Superintendent of Public Instruction, in consultation with current members of the youth advisory group, shall select members of the youth advisory group as provided by this subsection. The term of office of each member is one year.

����� (b) The majority of the members of the youth advisory group must be youth between the ages of 14 and 18 years of age during their term of service on the youth advisory group. The youth members of the youth advisory group must include two youth from each education service district identified in ORS 334.013.

����� (c) When selecting the members of the youth advisory group, the Deputy Superintendent of Public Instruction shall:

����� (A) Consult with the Youth Development Division, the Oregon Health Authority and the Racial Justice Council to select members of the youth advisory group who are one or more of the following:

����� (i) Youth and staff representing tribal youth councils;

����� (ii) Youth and staff representing youth and student leadership organizations;

����� (iii) Youth and staff representing alternative education pathways;

����� (iv) Youth from immigrant and refugee communities;

����� (v) Individuals representing culturally and ethnically specific community-based organizations, including organizations that assist immigrant and refugee communities;

����� (vi) Individuals who are administrators, teachers and other school staff who support youth and student leadership in public schools, including education service districts, school districts, schools and youth reengagement programs;

����� (vii) Youth who serve as advisors to the State Board of Education or serve on Department of Education work groups related to student success initiatives;

����� (viii) Youth who serve on the Youth Development Council or who participate in Youth Development Division programs;

����� (ix) Youth who serve on Oregon Health Authority work groups;

����� (x) Youth who serve on Racial Justice Council work groups; and

����� (xi) Additional members identified and recommended by the youth advisory group.

����� (B) Consult with the Youth Development Division to select members of the youth advisory group who are youth who have been reengaged and to select program staff who support the statewide youth reengagement system developed and administered by the division under ORS 417.859 or who otherwise provide education opportunities to youth or support the educational success of youth.

����� (d) In addition to the members of the youth advisory group described in paragraphs (b) and (c) of this subsection, the youth advisory group may include any other members identified and recommended by the youth advisory group and selected by the Deputy Superintendent of Public Instruction.

����� (e) The Deputy Superintendent of Public Instruction may provide for alternate members for the youth members of the youth advisory group described in paragraph (b) of this subsection.

����� (f)(A) When making selections under this subsection, the Deputy Superintendent of Public Instruction must ensure that:

����� (i) At least 70 percent of the members of the youth advisory group have lived experiences with, or a demonstrated understanding of, issues facing persons who are from racial or ethnic communities that historically have been, or currently are, underrepresented or underserved;

����� (ii) At least 50 percent of the youth members of the youth advisory group from each of the regions identified in paragraph (b) of this subsection have lived experiences with, or a demonstrated understanding of, issues facing persons who are from racial or ethnic communities that historically have been, or currently are, underrepresented or underserved; and

����� (iii) The youth members of the youth advisory group must include youth who:

����� (I) Have lived experiences with, or a demonstrated understanding of, issues facing persons who identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary or another minority gender identity or sexual orientation;

����� (II) Are English language learners;

����� (III) Are identified as being a child with a disability, as defined in ORS 343.035;

����� (IV) Are navigating poverty;

����� (V) Are a foster child or have a parent involved in the criminal justice system; or

����� (VI) Have experienced disproportionate results in education due to historical practices, as identified by the State Board of Education by rule.

����� (B) For the purpose of this paragraph, racial or ethnic communities that historically have been, or currently are, underrepresented or underserved include communities for which a statewide education plan has been developed and implemented.

����� (g) A member of the youth advisory group may be selected for up to two terms. If there is a vacancy for any cause, the Deputy Superintendent of Public Instruction, in consultation with other members of the youth advisory group, shall make a selection to become immediately effective for the unexpired term.

����� (3) The Department of Education shall ensure that each youth member of the youth advisory group:

����� (a) Receives sufficient support to enable participation in youth advisory group meetings, including:

����� (A) Reimbursement for actual and necessary travel and other expenses incurred in the performance of official duties in the manner and amounts provided in ORS 292.495; and

����� (B) Funding for any expenses not otherwise reimbursed under subparagraph (A) of this paragraph; and

����� (b) Has resources available to reimburse any adult who provides transportation or other supports in helping the youth member to participate in the youth advisory group.

����� (4) The youth advisory group, with support from the Department of Education, shall take into consideration racial equity and justice and align with other statewide efforts for racial equity and justice when performing the following duties:

����� (a) Developing the youth advisory group�s goals, success criteria and progress measures related to youth and student leadership and engagement in the policymaking process in this state. When performing the duties described in this paragraph, the youth advisory group may modify the youth advisory group�s decision-making process, scope of work, work plans and meeting structures, and the roles and responsibilities of youth advisory group members.

����� (b) Examining current Department of Education, Youth Development Division and Oregon Health Authority initiatives and practices related to youth and student leadership and engagement in the policymaking process and making recommendations on how to elevate and support youth and student leadership and youth-led and student-led accountability in the policymaking process at the state and local level. When performing the duties described in this paragraph, the youth advisory group must give careful consideration to youth and student leadership and to engagement by youth described in subsection (2)(f)(A)(ii) and (iii) of this section. The youth advisory group may recommend methods for evaluating current initiatives, practices and progress relating to youth and student leadership and engagement at the state level.

����� (c) Connecting with youth and student leaders and exploring youth and student leadership networks, including culturally and ethnically specific, community-based models and Youth Development Division programs, to identify best practices in youth-led and student-led accountability in this state and on a national level. Based on the performance of the duties described in this paragraph, the youth advisory group shall make recommendations to the State Board of Education, the Youth Development Council, the Legislative Assembly and the Governor on how to support youth and student leadership networks on a regional level for the purposes of connecting youths with youth organizations, connecting students with student organizations, elevating youth and student leadership and voice and supporting youth-led and student-led accountability, with special consideration given to youth described in subsection (2)(f)(A)(ii) and (iii) of this section.

����� (d) Helping the Department of Education, the Youth Development Division and the Oregon Health Authority with the surveys that are administered to youth and students by assisting with reviews of the findings and making recommendations on the content and administration of the surveys.

����� (e) Evaluating current processes in this state to identify best practices for youth and students reporting a bias incident as defined in ORS 147.380 or a hate or bias crime. Based on the performance of the duty described in this paragraph, the youth advisory group shall make recommendations for providing support to youth and students who have experienced bias incidents or hate or bias crimes.

����� (f) Reporting on the youth advisory group�s work, progress and recommendations to the Legislative Assembly and the Governor every two years and providing interim updates to youth and student leadership networks and organizations, education service districts, school districts and local entities that serve youth and students.

����� (5)(a) The youth advisory group shall meet at least six times each year on the dates determined by a majority of the members of the youth advisory group. The youth advisory group shall also meet at other times specified or requested by a majority of the members of the youth advisory group.

����� (b) The youth advisory group shall meet in the place and manner determined by a majority of the members of the youth advisory group. All or part of the members of the youth advisory group may attend the meetings electronically, unless otherwise provided by a majority of the members of the youth advisory group.

����� (6) The Department of Education shall:

����� (a) Provide staff support to the youth advisory group; and

����� (b) Support youth advisory group members in participating in the youth advisory group. [2024 c.95 �4; 2024 c.95 �6]

����� 326.150 [Repealed by 1961 c.624 �8 and 1965 c.519 �15]

SUPERINTENDENT OF PUBLIC INSTRUCTION

����� 326.300 Governor as Superintendent of Public Instruction; appointment of deputy. (1) As provided by section 1, Article VIII of the Oregon Constitution, the Governor is the Superintendent of Public Instruction.

����� (2)(a) The Governor, acting as Superintendent of Public Instruction, shall appoint a Deputy Superintendent of Public Instruction. The deputy superintendent must have at least five years of experience in the administration of an elementary school or a secondary school. The appointment of the deputy superintendent shall be subject to confirmation by the Senate as provided by ORS 171.562 and

ORS 326.745

326.745; 1995 c.660 �8; 1997 c.652 �21; 1999 c.871 �1; 2003 c.303 �6; 2007 c.858 �5; 2013 c.624 �2]

����� 329.077 [1995 c.660 �30; 2001 c.448 �1; repealed by 2007 c.858 �40]

(Assessing Effectiveness of Schools and Districts)

����� 329.078 Informational surveys; notice; ability to decline participation. (1) Each school district shall make available to the students of the school district the following informational surveys:

����� (a) A survey administered by the Department of Education that is designed to assist the department in gathering information about the education experiences of students in this state, including information on learning, opportunities to learn and school culture and climate; and

����� (b) A survey administered by the Oregon Health Authority in collaboration with the department that is designed to improve the health and well-being of all students in this state and to help them succeed.

����� (2)(a) At least five days prior to the administration of a survey identified in subsection (1) of this section, the school district must provide:

����� (A) Notice of the survey to the parents or guardians of the students to whom the survey will be administered; and

����� (B) The opportunity for parents or guardians to review the survey before it is administered.

����� (b) Parents or guardians must be allowed to decline, either verbally or in writing, to have their children participate in a survey identified in subsection (1) of this section.

����� (3) Students may decline, at any time and either verbally or in writing, to participate in a survey identified in subsection (1) of this section.

����� (4) Students who participate in a survey identified in subsection (1) of this section may decline to answer individual questions on the survey.

����� (5) The department shall annually review the surveys identified in subsection (1) of this section and make any revisions in the collection of data and the distribution of data to enable school districts to assist schools in providing an environment that encourages healthy and successful learners. [2023 c.505 �2]

����� 329.079 Advisory committee on education accountability framework. (1) The Superintendent of Public Instruction shall convene an advisory committee to explore options for expanding or revising the education accountability framework in this state.

����� (2) The advisory committee convened under this section must include representatives of school districts, teachers� unions and post-secondary institutions of education.

����� (3) The advisory committee convened under this section must review accountability programs in other states and make recommendations to the superintendent on the expansion or revision of the education accountability framework. [2023 c.505 �3]

����� Note: 329.079 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 329.080 [Repealed by 1963 c.544 �52]

����� 329.085 Assessment of schools and school districts required; report; standards. (1) To facilitate the attainment and successful implementation of educational standards under ORS 326.051 (1)(a) and 329.025, the State Board of Education or its designee shall assess the effectiveness of each public school, public charter school and school district. The findings of the assessment shall be reported to the school or school district within six months.

����� (2) The board shall establish the standards, including standards of accessibility to educational opportunities, upon which the assessment is based.

����� (3) On a periodic basis, the board shall review school and school district standards and credit and performance requirements. The board shall seek public input in this process. [Formerly 326.755; 1995 c.660 �10a; 1997 c.17 �1; 2007 c.858 �6]

����� 329.090 [Repealed by 1963 c.544 �52]

����� 329.095 School district and school self-evaluations; local district continuous improvement plans; technical assistance. (1)(a) The Department of Education shall require school districts and schools to conduct self-evaluations and to periodically update their local district continuous improvement plans. Except as provided by paragraph (b)(C) of this subsection, the department may not require school districts or schools to conduct self-evaluations or to update their local district continuous improvement plans more frequently than biennially.

����� (b) The department may require a school district to:

����� (A) File, periodically, or at the department�s request, its local district continuous improvement plan with the department;

����� (B) Notify the department of any substantial changes, as defined by rule of the State Board of Education, to the school district; or

����� (C) Update its local district continuous improvement plan when there has been a substantial change, as defined by rule of the board, to the school district.

����� (c) The self-evaluation process conducted as provided by this subsection shall involve the public in the setting of local goals. The school districts shall ensure that representatives from the demographic groups of their school population are invited to participate in the development of local district continuous improvement plans to achieve the goals.

����� (2) As part of setting local goals, school districts shall undertake a communications process that involves parents, students, teachers, school employees, the educational equity advisory committee and community representatives to explain and discuss the local goals and their relationship to programs under this chapter.

����� (3) At the request of the school district, department staff shall provide ongoing technical assistance in the development and implementation of the local district continuous improvement plan.

����� (4) The local district continuous improvement plan shall include:

����� (a) Goals to implement the following:

����� (A) A rigorous curriculum aligned with state standards;

����� (B) High-quality instructional programs;

����� (C) Short-term and long-term professional development plans;

����� (D) Programs and policies that achieve a safe educational environment;

����� (E) A plan for family and community engagement;

����� (F) Staff leadership development;

����� (G) High-quality data systems;

����� (H) Improvement planning that is data-driven;

����� (I) Education service plans for students who have or have not exceeded all of the academic content standards; and

����� (J) A strong school library program;

����� (b) A review of demographics, student performance, staff characteristics and student access to, and use of, educational opportunities;

����� (c) A description of district efforts to achieve local efficiencies and efforts to make better use of resources; and

����� (d) A needs assessment, which shall:

����� (A) Be conducted in a manner that is inclusive of school employees, students from student groups identified in ORS 327.164 (11) and parents of those students.

����� (B) Address the following priorities:

����� (i) Reducing academic disparities for students from student groups identified in ORS 327.164 (11);

����� (ii) Meeting students� mental or behavioral health needs;

����� (iii) Providing equitable access to academic courses across the school district or public charter school, with specific emphasis on access by students from student groups identified in ORS 327.164 (11);

����� (iv) Allowing teachers and staff to have sufficient time to:

����� (I) Collaborate with other teachers and staff;

����� (II) Review data on students� grades, absences and discipline, based on school and on grade level or course; and

����� (III) Develop strategies to ensure that at-risk students stay on track to graduate; and

����� (v) Possible partnerships with other organizations, federally recognized Indian tribes, school districts, education service districts, regional achievement collaboratives, post-secondary institutions of education, education partners or nonprofit programs and community-based programs that have demonstrated achievement of positive outcomes in work with students from student groups identified in ORS 327.164 (11). [Formerly 326.760; 1995 c.660 �11; 2007 c.858 �7; 2009 c.840 �2; 2011 c.311 �1; 2019 c.122 �21; 2021 c.493 �4; 2025 c.406 �19]

����� 329.100 [Repealed by 1963 c.544 �52]

����� 329.105 School district and school performance reports. (1) The Superintendent of Public Instruction shall collect data and produce annual school district and school performance reports to provide information to parents and to improve schools.

����� (2) The superintendent shall include in the school district and school performance reports data for the following areas, for each school or district, that are available to the Department of Education from the most recent school year:

����� (a) Data required by the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802);

����� (b) Information about how to access the website that is maintained by the State Department of Geology and Mineral Industries as provided by ORS 516.030 (6)(b);

����� (c) Information related to the number of children served in the district and the number of children who are susceptible to restrictable disease, as reported under ORS

ORS 336.035

336.035.

����� (c) Authorize the use of the schools for purposes of training students of an approved educator preparation provider, as defined in ORS 342.120, and for such purposes may enter into contracts with the approved educator preparation provider on such terms as may be agreed upon. Such contracts as they relate to student teachers shall have the same effect and be subject to the same regulations as a contract between a licensed teacher and a district school board.

����� (d) Develop and operate with other school districts or community college districts secondary career and technical education programs for pupils of more than one district and fix by agreement the duration of the district�s obligation to continue such activity, subject to the availability of funds therefor.

����� (e) Authorize the school district to be a member of and pay fees, if any, to any voluntary organization that administers interscholastic activities or that facilitates the scheduling and programming of interscholastic activities only if the organization:

����� (A) Implements equity focused policies that:

����� (i) Address the use of derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule that occurs at an interscholastic activity, including by spectators of the interscholastic activity;

����� (ii) Prohibit discrimination as defined in ORS 659.850;

����� (iii) Permit a student to wear religious clothing in accordance with the student�s sincerely held religious belief and consistent with any safety and health requirements; and

����� (iv) Balance the health, safety and reasonable accommodation needs of participants on an activity-by-activity basis;

����� (B) Maintains a transparent complaint process that:

����� (i) Has a reporting system to allow participants of interscholastic activities or members of the public to make complaints about student, coach or spectator behavior;

����� (ii) Responds to a complaint made under sub-subparagraph (i) of this subparagraph within 48 hours of the complaint being received; and

����� (iii) Strives to resolve a complaint received under sub-subparagraph (i) of this subparagraph within 30 days of the complaint being received;

����� (C) Develops and implements a system of sanctions against schools, students, coaches and spectators if a complaint made under subparagraph (B) of this paragraph is verified; and

����� (D) Performs an annual survey of students and their parents to understand and respond to potential violations of equity focused policies adopted under subparagraph (A) of this paragraph or violations of ORS 659.850.

����� (f) Accept money or property donated for the use or benefit of the school district and, consistent with the laws of this state, use such money or property for the purpose for which it was donated.

����� (g) Enter into an approved written agreement with the governing body of a federally recognized Native American tribe in Oregon to allow the use of a mascot that represents, is associated with or is significant to the Native American tribe entering into the agreement. An agreement entered into under this paragraph must:

����� (A) Describe the acceptable uses of the mascot;

����� (B) Comply with rules adopted by the State Board of Education that:

����� (i) Are adopted after consultation with the federally recognized tribes in Oregon pursuant to ORS 182.164 (3); and

����� (ii) Prescribe the requirements for approval; and

����� (C) Be approved by the State Board of Education, which the board must provide if the agreement meets the requirements of this paragraph and the rules adopted under this paragraph.

����� (2) All contracts of the school district must be approved by the district school board before an order can be drawn for payment. If a contract is made without the authority of the district school board, the individual making such contract shall be personally liable.

����� (3) Notwithstanding subsection (2) of this section, a district school board may, by resolution or policy, authorize its superintendent or the superintendent�s designee to enter into and approve payment on contracts for products, materials, supplies, capital outlay, equipment and services that are within appropriations made by the district school board pursuant to ORS 294.456. A district school board may not authorize its superintendent or the superintendent�s designee under this subsection to enter into and approve payment on contracts that are collective bargaining agreements or service contracts that include the provision of labor performed by employees of the school district. [Formerly 332.440; 1965 c.100 �140; 1967 c.67 �25; 1967 c.200 �5; 1969 c.311 �1; 1973 c.270 �1; 1975 c.459 �2; 1975 c.770 �21; 1977 c.783 �1; 1987 c.404 �3; 1993 c.45 �41; 1999 c.215 �2; 2001 c.461 �7; 2009 c.94 �5; 2011 c.313 �18; 2014 c.43 �1; 2015 c.245 �41; 2015 c.647 �2; 2019 c.417 �1; 2021 c.239 �2]

����� 332.077 [Formerly 332.450; repealed by 1965 c.100 �130; (332.015 enacted in lieu of 332.077)]

����� 332.080 [Repealed by 1957 c.634 �13]

����� 332.085 [1953 c.424 �2 (332.085 enacted in lieu of 332.390); 1955 c.357 �1; renumbered 332.125 and then 328.565]

����� 332.090 [Repealed by 1957 c.634 �13]

����� 332.100 [Amended by 1953 c.474 �7; renumbered 336.045 and then 336.630 and then 339.875 in 1993]

����� 332.105 General duties of board. (1) The general duties of district school boards are:

����� (a) To cause to be used in the district state blanks, registers and other forms, whenever supplied and required by the state.

����� (b) To perform such other duties as the wants of the district may from time to time demand.

����� (2) The district school board may participate in the activities of and may become members of associations of school boards. When provided for in an approved school district budget, the board may pay from school district funds annual dues to such association. [Formerly 332.050; 1965 c.100 �141; 1967 c.326 �1; 1969 c.541 �2]

����� 332.107 Rules for school government. Each district school board shall establish rules for the government of the schools and pupils consistent with the rules of the State Board of Education. [Formerly

ORS 341.280

341.280; 2019 c.449 �25]

����� 341.329 [Formerly 341.282; 1985 c.565 �60; repealed by 1995 c.67 �42]

����� 341.330 [Renumbered 332.830]

����� 341.331 Change in method of nominating and electing board. Except as provided in ORS 255.400 to 255.424:

����� (1) This section establishes the procedure for determining whether the method adopted in a district for nominating and electing board members should be changed to another method described in ORS 341.327. The question shall be decided by election. The district board shall order an election on the question when a petition is filed as provided in this section.

����� (2) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 to 255.205.

����� (3) If the question proposes creation of zones or a change in the number of existing zones, the following requirements shall apply:

����� (a) The petition shall contain a map indicating the proposed zone boundaries. The map shall be attached to the cover sheet of the petition and shall not exceed 14 inches by 17 inches in size.

����� (b) Notwithstanding ORS 250.035, the statement summarizing the measure and its major effect in the ballot title shall not exceed 150 words. The statement:

����� (A) Shall specify the method of nomination and election of board members from among the methods described in ORS 341.327. The statement also shall specify whether, in filling each position on the board, an elector of the district may sign a petition of nomination or vote for a candidate from any zone or only for a candidate from the zone in which the elector resides.

����� (B) Shall include a general description of the proposed boundaries of the zones, using streets and other generally recognized features.

����� (c) The order calling the election shall contain a map and a metes and bounds or legal description of the proposed zone boundaries. The map and description shall be prepared by the county surveyor or county assessor and shall reflect any adjustment made in the boundaries under subsection (6) of this section.

����� (4) The map to be contained in the petition under subsection (3) of this section shall be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk shall not accept the prospective petition for filing until the chief petitioners have paid the amount due.

����� (5) Subsection (3) of this section does not apply if the question proposes abolition of all zones.

����� (6) Before submitting to election a question to which subsection (3) of this section applies, the district board shall adjust the proposed boundaries of the zones to make them as nearly equal in population as feasible according to the latest federal census. The district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries.

����� (7) If the electors of the district approve the establishment of zones or a change in the number of existing zones, board members shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by zone shall be filled by persons who reside within zones which are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member shall be decided by lot. [Formerly 341.165; 1995 c.79 �186; 1995 c.534 �15; 2019 c.449 �26]

����� 341.333 [1971 c.513 �25; 1973 c.796 �54; 1977 c.149 �4; 1983 c.350 �202; renumbered 341.326]

����� 341.335 Vacancy; filling of vacancy; term of appointed member. (1) The board shall declare the office of a board member vacant if it finds any of the following:

����� (a) The incumbent has died or resigned.

����� (b) The incumbent has been removed or recalled from office or the election of the incumbent thereto has been declared void by the judgment of a court.

����� (c) The incumbent has ceased to be a resident of the district from which the incumbent was nominated or elected.

����� (d) The incumbent has ceased to discharge the duties of office for two consecutive months unless prevented therefrom by sickness or other unavoidable cause or unless excused by the chairperson of the board.

����� (2) A board member who is nominated or elected by zone and who changes permanent residence from one zone of a district to another zone or who by a change in zone boundaries no longer resides in the zone of nomination or election is entitled to continue to serve as board member until June 30 following the next regular district election at which a successor shall be elected by the electors to serve for the remainder of the unexpired term, if any. The successor shall take office July 1 next following the election.

����� (3) When a vacancy is declared under subsection (1) of this section, the remaining board members shall meet and appoint a person to fill the vacancy from any of the electors of the district if the position is one filled by both nomination and election at-large, and otherwise from any of the electors of the zone from which the vacancy occurs.

����� (4) If the offices of a majority of the board members are vacant at the same time, the governing body of the principal county shall appoint persons to fill the vacancies from any of the electors of the district if the positions are filled by both nomination and election at-large, and otherwise from any of the electors of the zone from which the vacancy occurs.

����� (5) The period of service of a board member appointed under subsection (3) or (4) of this section commences upon appointment and expires June 30 next following the next regular district election at which a successor is elected. The successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the appointment was made expires June 30 after the election of the successor, the successor shall be elected to a full term. In either case, the successor shall take office on July 1. [1971 c.513 �27; 1975 c.647 �31; 1977 c.149 �5; 1983 c.350 �203; 2003 c.576 �436]

����� 341.339 Position numbers required for at-large positions. (1) The positions of board members elected at-large, and their respective successors in office, shall be designated by numbers as Position No. 1, Position No. 2, and so on.

����� (2) This section applies to any district that elects any board member to an at-large position. [1971 c.513 �30; 1983 c.350 �204]

����� 341.340 [Renumbered 332.840 and then

ORS 342.865

342.865.

����� (3) No teacher shall by oral orders or written agreement fail to receive a 30-minute lunch period.

����� (4) School boards shall not be required to employ special personnel to supervise students during lunch periods.

����� (5) This section does not apply in school buildings where fewer than three teachers are employed. [1971 c.201 �1]

����� 342.609 [1977 c.137 �1; renumbered 336.081 in 1993]

����� 342.610 Minimum salary for substitute teachers. (1)(a) A teacher employed as a substitute teacher may not be paid less per day than 85 percent of 1/190th of the statewide average salary of a beginning teacher who holds a bachelor�s degree.

����� (b) The Department of Education shall compute the statewide average salary of a beginning teacher who holds a bachelor�s degree to be used for purposes of this subsection by:

����� (A) Using the latest data available to the department; and

����� (B) Not using data from earlier than the preceding school year.

����� (2) A school district shall set the working hours for a substitute teacher and, when a teacher is employed as a substitute teacher for the school district, the school district shall pay the substitute teacher a salary that is:

����� (a) No less than one-half of the daily minimum salary computed under subsection (1) of this section if the teacher is employed as a substitute teacher for one-half day or less than one-half day; or

����� (b) No less than the daily minimum salary computed under subsection (1) of this section if the teacher is employed as a substitute teacher for more than one-half day.

����� (3)(a) Notwithstanding subsection (1) of this section, a teacher employed as a substitute teacher for more than 10 consecutive days in any one assignment for the same teacher shall not be paid after the 10th day of the assignment less per day than:

����� (A) For school districts with no salary scale, 100 percent of 1/190th of the statewide average salary computed in subsection (1) of this section; or

����� (B) For school districts with a salary scale, the higher of:

����� (i) 1/190th of the employing school district�s salary for a beginning teacher who holds a bachelor�s degree; or

����� (ii) The daily minimum salary computed under subsection (1) of this section.

����� (b) Used sick leave, whether paid or unpaid, and weekends, school holidays and days when schools are closed by weather or other conditions and when substitute teachers are not required to appear in person at the school may not be considered in determining consecutive days for purposes of this subsection.

����� (c) When substituting for a part-time teacher, the part of the day worked by the substitute teacher shall count as a full day in determining consecutive days for purposes of this subsection.

����� (4) Notwithstanding subsections (1) and (3) of this section, if a school district has a class schedule based on a four-day week:

����� (a) The daily minimum salary computed under subsection (1) or (3) of this section must be multiplied by 1.125; and

����� (b) Calculations described in subsection (3) of this section must be made after a teacher has been employed as a substitute teacher for more than eight consecutive days in any one assignment for the same teacher.

����� (5)(a) A school district shall classify a substitute teaching assignment as a temporary position when the school district determines that a teacher will be employed as a substitute teacher for 60 or more consecutive days in any one assignment for the same teacher.

����� (b) The designation under paragraph (a) of this subsection must occur either:

����� (A) At the beginning of the substitute teaching assignment; or

����� (B) As soon as practicable, but no later than 10 consecutive days, after the school district determines that a substitute teaching assignment will be extended to 60 or more consecutive days.

����� (c) If a school district has a class schedule based on a four-day week, the school district shall:

����� (A) Classify a substitute teaching assignment as a temporary position when the school district determines that a teacher will be employed as a substitute teacher for 48 or more consecutive days in any one assignment for the same teacher; and

����� (B) Make the designation described in paragraph (b)(B) of this subsection when the school district determines that a teacher will be employed as a substitute teacher for 48 or more consecutive days in any one assignment for the same teacher.

����� (d) Nothing in this subsection prohibits a school district from making the classification required under paragraph (a) or (c) of this subsection after fewer consecutive days.

����� (6) A teacher employed by a school district as a substitute teacher shall be paid for any training that is required for that teacher to apply for or be assigned to a substitute teaching assignment.

����� (7) This section does not apply to substitute teachers represented in a bargaining unit in the school district by which they are employed. [Amended by 1955 c.130 �1; 1957 c.262 �1; 1965 c.100 �377; 1967 c.625 �1; 1971 c.536 �1; 1977 c.531 �1; 1979 c.167 �1; 1987 c.402 �1; 1991 c.198 �1; 1995 c.793 �1; 1999 c.706 �1; 2015 c.71 �1; 2023 c.592 �24; 2024 c.95 �48]

����� 342.613 [Formerly 342.525; 1967 c.67 �12; renumbered 342.521 in 2009]

����� 342.615 [Amended by 1965 c.100 �386; repealed by 1979 c.166 �1]

����� 342.617 [1985 c.585 �2; 1993 c.45 �184; renumbered 332.554 in 1993]

����� 342.620 [Repealed by 1979 c.166 �1]

����� 342.621 Authorized pay for licensed educators and classified school employees who provide significant special education support. (1) As used in this section:

����� (a) �Classified school employee� includes all employees of a school district except those for whom a teaching or administrative license is required as a basis for employment in a school district.

����� (b) �Individualized education program� has the meaning given that term in ORS 343.035.

����� (c) �Licensed educator� means a teacher, administrator or other school professional who is licensed, registered or certified by the Teacher Standards and Practices Commission.

����� (d) �Salary� has the meaning given that term in ORS 653.010.

����� (e) �School district� means:

����� (A) A common school district or a union high school district.

����� (B) An education service district.

����� (2) For each licensed educator or classified school employee who provides significant special education support, as determined under subsection (3) of this section, a school district may pay one or more of the following:

����� (a) An additional percentage of the educator�s or employee�s salary or hourly wage.

����� (b) Notwithstanding ORS 652.220, a one-time payment in addition to the educator�s or employee�s salary or hourly wage.

����� (3) For purposes of this section, a licensed educator or a classified school employee provides significant special education support if 75 percent or more of the educator�s or employee�s student caseload consists of students who have an individualized education program.

����� (4) A salary or wage increase specified in subsection (2) of this section is exclusive of health benefits and other benefits the school district provides to licensed educators or classified school employees or that are otherwise required under the laws of this state. [2023 c.592 �5]

����� Note: 342.621 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 342.625 [Repealed by 1979 c.166 �1]

����� 342.626 Work hour requirements for classified school employees who provide significant special education support. (1) As used in this section:

����� (a) �Classified school employee� includes all employees of a school district except those for whom a teaching or administrative license is required as a basis for employment in a school district.

����� (b) �Individualized education program� has the meaning given that term in ORS 343.035.

����� (c) �School district� means:

����� (A) A common school district or a union high school district.

����� (B) An education service district.

����� (2) Except as provided in subsection (3) of this section, a school district that employs classified school employees who provide significant special education support, as determined under subsection (4) of this section, may not establish, for any purpose, a policy that requires the work day hours of a classified school employee to be fewer than five hours per work day on regular school days when schools are normally in operation and students are present.

����� (3)(a) A school district may reduce the work day hours of a classified school employee to fewer than five hours per work day if the reduction in hours is at the written request of the employee.

����� (b) A school district may not coerce or require, as a condition of employment or continuation of employment, a classified school employee to make a request for a reduction in work day hours.

����� (4) For the purpose of this section, a classified school employee provides significant special education support if 75 percent or more of the employee�s student caseload consists of students who have an individualized education program. [2023 c.592 �6]

����� Note: 342.626 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 342.630 [Repealed by 1965 c.100 �456]

����� 342.635 [Amended by 1957 c.443 �1; 1965 c.100 �369; renumbered 342.513]

����� 342.640 [Amended by 1965 c.100 �373; 1965 c.163 �1; renumbered 342.545]

����� 342.645 [Amended by 1953 c.36 �2; 1959 c.441 �1; 1965 c.100 �374; renumbered 342.553]

����� 342.650 [Amended by 1965 c.100 �387; 2009 c.744 �4; repealed by 2010 c.105 �3]

����� 342.655 [Amended by 1965 c.100 �388; 1987 c.503 �3; repealed by 2010 c.105 �3]

����� 342.660 [Repealed by 1965 c.100 �456]

����� 342.663 [1969 c.266 ��1,2,3; 1993 c.45 �186; renumbered 332.544 in 1993]

����� 342.664 Required ratio of pupils to staff holders of first aid cards; waiver; rules. (1) The State Board of Education shall establish by rule the ratio of the number of pupils to the number of staff members who must hold current, recognized first aid cards in each school.

����� (2) In order to attain or maintain the ratio set under subsection (1) of this section, the district may require any staff member as a condition of employment to hold a current, recognized first aid card. The staff member shall have 90 days from the date on which the district imposes the requirement to obtain the first aid card.

����� (3) The district may waive the requirement of subsection (2) of this section for any staff member who is unable by reason of disability to obtain a recognized first aid card. [Formerly 342.169; 2011 c.313 �16]

����� Note: 342.664 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 342.665 [Amended by 1961 c.204 �1; repealed by 1965 c.100 �456]

����� 342.670 [Repealed by 1965 c.100 �456]

����� 342.675 [Repealed by 1965 c.100 �456]

����� 342.676 Survey on working experiences of education workforce; availability of survey information; rules. (1) As used in this section:

����� (a) �Education workforce� means licensed and classified staff who are:

����� (A) Employed by a public education provider; or

����� (B) Under contract to provide services to a public education provider.

����� (b) �Public education provider� means:

����� (A) A school district;

����� (B) A public charter school;

����� (C) An education service district;

����� (D) A long term care or treatment facility, as described in ORS 343.961;

����� (E) The Youth Corrections Education Program;

����� (F) The Juvenile Detention Education Program; or

����� (G) The Oregon School for the Deaf.

����� (2) Each public education provider shall:

����� (a) Encourage members of the education workforce of the public education provider to participate in a survey administered by the Department of Education that is designed to assist in the gathering of information about the working experiences of the education workforce of this state, including the experience in the school district and in individual schools; and

����� (b) Ensure that members of the education workforce of the public education provider have the opportunity to participate in the survey described in paragraph (a) of this subsection.

����� (3) The State Board of Education, in collaboration with the Educator Advancement Council, shall adopt by rule the standards for the survey administered under this section.

����� (4) The department shall annually review the survey identified in subsection (2) of this section and:

����� (a) Make the information available to school district boards, administrators of school districts and administrators of schools in a manner that allows for the accessibility of the information:

����� (A) On a district level and a school level; and

����� (B) Through the interactive data visualization tool; and

����� (b) Report annually on education workforce satisfaction to the interim committees of the Legislative Assembly related to education.

����� (5) The department may enter into a contract or a partnership with any public or private entity, including the federal government, for the purpose of this section. [2023 c.592 �4]

����� Note: 342.676 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 342.680 [Repealed by 1965 c.100 �456]

����� 342.685 [Repealed by 1965 c.100 �456]

SEXUAL HARASSMENT

����� 342.700 Policy on sexual harassment; posting and availability of policy. It is the policy of the State of Oregon that sexual harassment will not be tolerated in schools. A school district shall adopt a policy on sexual harassment for students and staff members that meets the requirements of ORS 342.704. A school district shall make the sexual harassment policy available to students, parents of students and staff members. A school district�s sexual harassment policy shall be posted on a sign that is at least 8.5 by 11 inches in size. The school district shall post the sign in all grade 6 through 12 schools in the school district. [1997 c.272 �1; 2018 c.38 �2]

����� Note: 342.700 to 342.708 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 342.704 Adoption of policies on sexual harassment required; contents; rules. (1) As used in this section:

����� (a) �District� includes a school district, an education service district and a public charter school.

����� (b) �Without consent� means an act performed:

����� (A) Without the knowing, voluntary and clear agreement by all parties to participate in the specific act; or

����� (B) When a person who is a party to the act is:

����� (i) Incapacitated by drugs or alcohol;

����� (ii) Unconscious; or

����� (iii) Pressured through physical force, coercion or explicit or implied threats to participate in the act.

����� (2)(a) The State Board of Education shall adopt by rule minimum requirements for district policies on:

����� (A) Sexual harassment of students by staff members and other students.

����� (B) Sexual harassment of staff members by students and other staff members.

����� (C) Sexual harassment of persons described in subsection (5)(b) of this section by staff members and students.

����� (b) A private school shall adopt policies on:

����� (A) Sexual harassment of students by staff members and other students.

����� (B) Sexual harassment of staff members by students and other staff members.

����� (C) Sexual harassment of persons described in subsection (5)(b) of this section by staff members and students.

����� (c) Rules adopted by the State Board of Education and policies adopted by private schools must comply with the requirements of this section.

����� (3) A policy on sexual harassment of students by staff members and other students must include requirements that:

����� (a) All staff members and students are subject to the policies.

����� (b) Sexual harassment of students includes:

����� (A) A demand or request for sexual favors in exchange for benefits;

����� (B) Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that interferes with a student�s educational program or activity or that creates an intimidating, offensive or hostile educational environment; and

����� (C) Assault when sexual contact occurs without consent.

����� (c) When a student or, if applicable, the student�s parents file a complaint alleging behavior that may violate the policy, the student or student�s parents shall receive a written notification as described in subsection (6) of this section.

����� (d) When a staff member becomes aware of behavior that may violate the policy, the staff member shall report to an official of the district or private school so that the official and the staff member may coordinate efforts to take any action necessary to ensure the student is protected and to promote a nonhostile learning environment, including:

����� (A) Providing resources for support measures to the student; and

����� (B) Taking any actions that are necessary to remove potential future impact on the student, but that are not retaliatory against the student or the staff member who reported to the official of the district or private school.

����� (e) All complaints about behavior that may violate the policy shall be investigated.

����� (f) The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or who participated in the investigation.

����� (g) The person who initiated the complaint and, if applicable, the student�s parents shall be notified:

����� (A) When the investigation is initiated and concluded; and

����� (B) As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.

����� (4) A policy on sexual harassment of staff members by students and other staff members must include requirements that:

����� (a) All staff members and students are subject to the policies.

����� (b) Sexual harassment of staff members includes:

����� (A) A demand or request for sexual favors in exchange for benefits;

����� (B) Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that interferes with a staff member�s ability to perform the job or that creates an intimidating, offensive or hostile work environment; and

����� (C) Assault when sexual contact occurs without consent.

����� (c) When a staff member files a complaint alleging behavior that may violate the policy, the staff member shall receive a written notification as described in subsection (6) of this section.

����� (d) When another staff member becomes aware of behavior that may violate the policy, the other staff member shall report to an official of the district or private school so that the official may take any action necessary to ensure the staff member is protected and to promote a nonhostile work environment, including:

����� (A) Providing resources for support measures to the staff member; and

����� (B) Taking any actions that are necessary to remove potential future impact on the staff member, but that are not retaliatory against the staff member or the other staff member who reported to the official of the district or private school.

����� (e) All complaints about behavior that may violate the policy shall be investigated.

����� (f) The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or participated in the investigation.

����� (g) The person who initiated the complaint shall be notified:

����� (A) When the investigation is initiated and concluded; and

����� (B) As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.

����� (5) A policy on sexual harassment of persons described in paragraph (b) of this subsection by staff members and students must include requirements that:

����� (a) All staff members and students are subject to the policies.

����� (b) The policies apply to persons who:

����� (A) Are on or immediately adjacent to school grounds or school or district property;

����� (B) Are at any school-sponsored or district-sponsored activity or program; or

����� (C) Are off school or district property, if a student or staff member acts toward the person in a manner that creates a hostile environment for the person while at school or a school-sponsored or district-sponsored activity or program.

����� (c) Sexual harassment of persons described in paragraph (b) of this subsection includes:

����� (A) A demand or request for sexual favors in exchange for benefits;

����� (B) Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that creates an intimidating, offensive or hostile environment; and

����� (C) Assault when sexual contact occurs without consent.

����� (d) When a person who may have been subjected to behavior in violation of the policy or, if applicable, the person�s parents file a complaint alleging behavior that may violate the policy, the person or person�s parents shall receive a written notification as described in subsection (6) of this section.

����� (e) When a staff member becomes aware of behavior that may violate the policy, the staff member shall report to an official of the district or private school so that the official and the staff member may coordinate efforts to take any action necessary to ensure the person who was subjected to the behavior is protected and to promote a nonhostile environment, including:

����� (A) Providing resources for support measures to the person who was subjected to the behavior; and

����� (B) Taking any actions that are necessary to remove potential future impact on the person, but that are not retaliatory against the person or the staff member who reported to the official of the district or private school.

����� (f) All complaints about behavior that may violate the policy shall be investigated.

����� (g) The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or who participated in the investigation.

����� (h) The person who initiated the complaint and, if applicable, the person�s parents shall be notified:

����� (A) When the investigation is initiated and concluded; and

����� (B) As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.

����� (6)(a) The written notification required under subsections (3)(c), (4)(c) and (5)(d) of this section must set forth:

����� (A) The rights of the student, student�s parents, staff member, person or person�s parents who filed the complaint.

����� (B) Information about the internal complaint processes available through the school or district that the student, student�s parents, staff member, person or person�s parents who filed the complaint may pursue, including the person designated for the school or district for receiving complaints.

����� (C) Notice that civil and criminal remedies that are not provided by the school or district may be available to the student, student�s parents, staff member, person or person�s parents through the legal system and that those remedies may be subject to statutes of limitation.

����� (D) Information about services available to the student or staff member through the school or district, including any counseling services, nursing services or peer advising.

����� (E) Information about the privacy rights of the student, staff member or person and legally recognized exceptions to those rights for internal complaint processes and services available through the school or district.

����� (F) Information about, and contact information for, state and community-based services and resources that are available to persons who have experienced sexual harassment.

����� (G) Notice that students who report information about possible prohibited conduct and students who participate in an investigation under a policy adopted as provided by this section may not be disciplined for violations of the district�s drug and alcohol policies that occurred in connection with the reported prohibited conduct and that were discovered as a result of a prohibited conduct report or investigation unless the student gave another person alcohol or drugs without the person�s knowledge and with the intent of causing the person to become incapacitated and vulnerable to the prohibited conduct.

����� (b) The written notification required by this subsection must:

����� (A) Be written in plain language that is easy to understand;

����� (B) Use print that is of a color, size and font that allow the notification to be easily read; and

����� (C) Be made available to students, students� parents, staff members and members of the public at each school office, at the district office and on the website of the school or district. [1997 c.272 �2; 2018 c.38 �1; 2019 c.442 �1; 2021 c.479 �4; 2023 c.242 �1]

����� Note: See note under 342.700.

����� 342.708 ORS

ORS 35.625

35.625������ Procedure to ascertain compensation and damages

����� 35.010 [Repealed by 1971 c.741 �38]

LIMITATION OF CONDEMNATION POWER

����� 35.015 Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions. (1) Except as otherwise provided in this section, a public body as defined in ORS 174.109 may not condemn private real property used as a residence, business establishment, farm or forest operation if at the time of the condemnation the public body intends to convey fee title to all or a portion of the real property, or a lesser interest than fee title, to another private party.

����� (2) Subsection (1) of this section does not apply to condemnation of:

����� (a) Improved or unimproved real property that constitutes a danger to the health or safety of the community by reason of contamination, dilapidated structures, improper or insufficient water or sanitary facilities, or any combination of these factors;

����� (b) Any timber, crops, topsoil, gravel or fixtures to be removed from the real property being condemned; or

����� (c) Real property condemned for maintenance, improvement, or construction of transportation facilities, transportation systems, utility facilities or utility transmission systems.

����� (3) Subsection (1) of this section does not prohibit a public body from leasing a portion of a public facility to a privately owned business for the provision of retail services designed primarily to serve the patrons of the public facility.

����� (4) A public body as defined in ORS 174.109 may at any time publish notice that the public body intends to consider condemnation of a lot or parcel. If the public body publishes notice under this subsection, subsection (1) of this section does not apply for such time necessary to provide the public body reasonable opportunity to condemn the property, if the lot or parcel is conveyed by the owner of the lot or parcel to another private party after the notice is published, but prior to the time the property is condemned.

����� (5) Subsection (1) of this section does not affect the ability of a public body as defined in ORS 174.109 to make a conveyance of a nonpossessory interest in condemned property for the purpose of financing acquisition of the property.

����� (6) A court shall independently determine whether a taking of property complies with the requirements of this section, without deference to any determination made by the public body. If a court determines that a taking of property does not comply with the requirements of this section, the owner of the lot or parcel that is the subject of the condemnation proceeding shall be entitled to reasonable attorney fees, expenses, costs and other disbursements reasonably incurred to defend against the proposed condemnation. [2007 c.1 �2; 2009 c.11 �6]

����� 35.018 Severability. If any portion or portions of chapter 1, Oregon Laws 2007, are declared invalid by a court of competent jurisdiction, the remaining portions of chapter 1, Oregon Laws 2007, shall remain in full force and effect. [2007 c.1 �3]

����� Note: 35.018 was enacted into law but was not added to or made a part of ORS chapter 35 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

����� Note: Legislative Counsel has substituted �chapter 1, Oregon Laws 2007,� for the words �this 2006 Act� in section 3, chapter 1, Oregon Laws 2007, compiled as 35.018. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2007 Comparative Section Table located in Volume 22 of ORS.

����� 35.020 [Repealed by 1971 c.741 �38]

����� 35.030 [Repealed by 1971 c.741 �38]

����� 35.040 [Amended by 1967 c.479 �1; repealed by 1971 c.741 �38]

����� 35.050 [Repealed by 1971 c.741 �38]

����� 35.060 [Repealed by 1971 c.741 �38]

����� 35.070 [Amended by 1967 c.479 �2; repealed by 1971 c.741 �38]

����� 35.080 [Repealed by 1971 c.741 �38]

����� 35.085 [1967 c.479 ��4,5; repealed by 1971 c.741 �38]

����� 35.090 [Repealed by 1971 c.741 �38]

����� 35.100 [Repealed by 1971 c.741 �38]

����� 35.105 [1967 c.479 �6; repealed by 1971 c.741 �38]

����� 35.110 [Repealed by 1971 c.741 �38]

����� 35.120 [Repealed by 1971 c.741 �38]

����� 35.130 [Repealed by 1971 c.741 �38]

����� 35.140 [Repealed by 1971 c.741 �38]

PROCEDURE

����� 35.205 Short title. This chapter may be cited as the General Condemnation Procedure Act. [1971 c.741 �2]

����� 35.215 Definitions for chapter. As used in this chapter, unless the context otherwise requires:

����� (1) �Condemner� means the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof or a private corporation that has the power to exercise the right of eminent domain.

����� (2) �Owner� or �owner of the property� means the owner of property.

����� (3) �Person� means person as defined by ORS 174.100 and also includes the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof.

����� (4) �Private condemner� means a private corporation that has the power to exercise the right of eminent domain.

����� (5) �Property� means real or personal property or any interest therein of any kind or nature that is subject to condemnation.

����� (6) �Public condemner� means condemner other than private condemner. [1971 c.741 �4; 1983 c.327 �10; 2003 c.14 �18]

����� 35.220 Precondemnation entry on real property. (1) Subject to the requirements of this section, a condemner may enter upon, examine, survey, conduct tests upon and take samples from any real property that is subject to condemnation by the condemner. A condemner may not enter upon any land under the provisions of this section without first attempting to provide actual notice to the owner or occupant of the property. If the condemner has not provided actual notice, written notice must be posted in a conspicuous place where the notice is most likely to be seen. The posted notice must give the condemner�s name, address and telephone number and the purpose of the entry. A condemner may conduct tests upon or take samples from real property only with the consent of the owner or pursuant to an order entered under subsection (2) of this section. All testing and sampling must be done in conformity with applicable laws and regulations. Testing and sampling results shall be provided to the owner upon request.

����� (2) If the owner of property objects to examination or survey of the property under this section, or does not consent to the terms and conditions for testing or sampling of the property, the condemner may file a petition with the court seeking an order providing for entry upon the property and allowing such examination, survey, testing or sampling as may be requested by the condemner. The court may enter an order establishing reasonable terms and conditions for entry and for any examination, survey, testing or sampling of the property requested by the condemner. Reasonable compensation for damage or interference under subsection (3) of this section may be established in the proceeding either before or after entry is made upon the property by the condemner.

����� (3) An owner is entitled to reasonable compensation for:

����� (a) Any physical damage caused to the property by the entry upon or examination, survey, testing or sampling of the property, including any damage attributable to the diffusion of hazardous substances found on the property; and

����� (b) Any substantial interference with the property�s possession or use caused by the entry upon or examination, survey, testing or sampling of the property.

����� (4) If a condemner is required to pay compensation to an owner in a proceeding under subsection (2) of this section, and the condemner thereafter seeks condemnation of the same property, the owner is not entitled to any payment of compensation in the condemnation action that would result in the owner receiving a second recovery for the same damage or interference.

����� (5) Nothing in this section affects any liability under any other provision of law that a condemner may have to an owner or occupant of property by reason of entry upon or examination, survey, testing or sampling of property. [2003 c.477 �2]

����� 35.225 [1971 c.741 �5; repealed by 1979 c.284 �199]

����� 35.235 Agreement for compensation; status of resolution or ordinance of public condemner; status of action of private condemner; agreement effort not prerequisite. (1) Subject to ORS 758.015 and 836.050, whenever in the judgment of the condemner it is necessary to acquire property for a purpose for which the condemner is authorized by law to acquire property, the condemner shall, after first declaring by resolution or ordinance such necessity and the purpose for which it is required, attempt to agree with the owner with respect to the compensation to be paid therefor, and the damages, if any, for the taking thereof.

����� (2) The resolution or ordinance of a public condemner is presumptive evidence of the public necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

����� (3) The commencement of an action to condemn property by a private condemner creates a disputable presumption of the necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

����� (4) The question of the validity of the disputable presumptions created in subsection (3) of this section, if raised, shall be determined by the court in a summary proceeding prior to trial.

����� (5) It is not a prerequisite to the exercise of the right of eminent domain by the condemner to attempt first to agree with an owner or to allege or prove any effort to agree with such owner as to reasonable value, when such owner is at the time concealed within the state or, after reasonable effort by condemner, cannot be found within the state. [1971 c.741 �6; 1973 c.579 �1]

����� 35.245 Commencement of action; jurisdiction; parties. (1) If the condemner is unable to agree with or locate the owner of the property under ORS 35.235, then an action to condemn property may be commenced in the circuit court of the county in which the property proposed to be condemned, or the greater portion thereof, is located.

����� (2) An action may be commenced against the person in whose name the record title appears. There may be included as defendants any lessee or other person in possession and all other persons having or claiming an interest in the property. [1971 c.741 �7]

����� 35.255 Content of complaint. The complaint shall describe the property sought to be condemned and shall allege the true value of the property sought and the damage, if any, resulting from the appropriation thereof. [1971 c.741 �8; 1979 c.284 �75]

����� 35.265 Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable. (1) When a public condemner commences an action for the condemnation of property and immediate possession of the property is considered necessary by the public condemner, a fund shall be created in the amount estimated to be the just compensation for the property and placed in the hands of the treasurer of the public condemner for deposit with the clerk of the court wherein the action was commenced, for the use of the defendants in the action.

����� (2) When the public condemner is a state agency and immediate possession of property is considered necessary by the agency, the agency shall certify to such facts and authorize an advancement out of funds available to the agency of the amount estimated by the agency to be just compensation for the property. Upon such certification and authorization, a warrant shall be drawn in favor of the clerk of the court in the amount authorized.

����� (3) Upon the deposit in court by the public condemner of the estimated amount of just compensation as provided by subsections (1) and (2) of this section, no interest shall be allowed thereon in the judgment. [1971 c.741 �10; 2003 c.576 �236]

����� 35.275 Advance occupancy by private condemner; hearing; deposit or bond; effect of size of bond or deposit on amount of just compensation. (1) At any time after an action is commenced to acquire any property, a private condemner may apply to the court for an order to occupy the property to be condemned and to make use of the property for the purposes for which it is being appropriated.

����� (2) At the hearing on the motion, the court shall determine the reasons for requiring a speedy occupation. The court shall grant the motion if, giving consideration to the public interest involved, it finds that the interests of the owners will be adequately protected. The court may make such provisions or orders as necessary, so that the advance taking or an advance payment, as provided by subsection (3) of this section, will not be prejudicial to either party.

����� (3)(a) If an order to occupy the property is granted, it may also require the private condemner to deposit with the court either such sum as the court finds reasonable on account of just compensation to be awarded or to deposit a surety bond in an amount and with such surety as the court may approve. The surety bond shall be conditioned to the effect that the private condemner shall pay to the owners of the property just compensation for the property taken or restitution, if any, and costs, disbursements and reasonable attorney fees as finally determined.

����� (b) After an order to occupy is entered, if it appears necessary in order to protect the interests of the owners of the property, the court at any time may require the private condemner to deposit with the court an additional bond or sum on account of just compensation to be awarded.

����� (c) Evidence as to the finding of the court regarding the amount of such bond or deposit shall not be admissible at the trial of just compensation. [1971 c.741 �11]

����� 35.285 Distribution of deposits; effect of withdrawal on appeal. (1) The court may distribute all or any part of the funds deposited by a condemner to the persons entitled thereto for or on account of the just compensation to be awarded in the action, upon such terms and conditions as may appear just and reasonable.

����� (2) Any persons entitled to withdraw any or all of the deposit, as provided by subsection (1) of this section, may do so at any time without waiving rights of appeal provided by ORS 35.355. [1971 c.741 �12]

����� 35.295 Defendant�s answer. The defendant in answer may set forth any legal defense the defendant may have to the condemnation. The defendant shall also allege the true value of the property and the damage, if any, resulting from the appropriation thereof. [1971 c.741 �13]

����� 35.300 Offer of compromise. (1) After the filing of a condemnation action, a condemner may serve an offer of compromise on the defendant in the action. An offer of compromise must be served on the defendant not later than 10 days before the trial of the action. The offer of compromise must identify the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant. The offer of compromise must also indicate whether the offer includes any amount for costs and disbursements, attorney fees and expenses and, if so, the amounts included for costs and disbursements, attorney fees and expenses. If the defendant accepts the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant, the defendant shall file with the court an acceptance signed by the defendant or the defendant�s attorney. The acceptance must be filed not more than three days after the time the offer was served on the defendant. A copy of the offer must be attached to the acceptance.

����� (2) If an offer of compromise under this section does not specifically include amounts for costs and disbursements, attorney fees and expenses, upon acceptance of the offer the court shall give judgment to the defendant for the amount offered as just compensation for the property and as compensable damages to remaining property of the defendant and, in addition, for costs and disbursements, attorney fees and expenses that are determined by the court to have been incurred before service of the offer on the defendant.

����� (3) If an offer of compromise under this section specifically includes amounts for costs and disbursements, attorney fees and expenses, the defendant may accept all amounts offered, or may accept only that portion of the offer identified as just compensation for the property and as compensable damages to remaining property of the defendant. If the defendant accepts only that portion of the offer identified as just compensation for the property and as compensable damages to remaining property of the defendant, the defendant is entitled to an award for costs and disbursements, attorney fees and expenses incurred by the defendant before service of the offer on the defendant. The court shall determine the amount of costs and disbursements, attorney fees and expenses to be awarded to the defendant after acceptance of the offer is filed under subsection (1) of this section.

����� (4) If an offer of compromise is not accepted within the time allowed under subsection (1) of this section, the offer is withdrawn and may not be given in evidence at trial. If the defendant fails to obtain a judgment more favorable than the offer:

����� (a) The defendant may not recover prevailing party fees or costs and disbursements, attorney fees and expenses that were incurred on and after service of the offer;

����� (b) Unless the parties agree otherwise, the court shall give judgment to the defendant for costs and disbursements, attorney fees and expenses that were incurred by the defendant before service of the offer; and

����� (c) The court shall give judgment to the condemner for the condemner�s costs and disbursements, other than prevailing party fees, incurred by the condemner on and after service of the offer.

����� (5) For the purpose of determining whether the defendant has failed to obtain a judgment more favorable than an offer of compromise that specifically includes amounts for costs and disbursements, attorney fees and expenses, the court shall first determine the amount of costs and disbursements, attorney fees and expenses incurred by the defendant before service of the offer on the defendant. The court shall add that amount to the amounts awarded under the judgment as just compensation for the property and as compensable damages to remaining property of the defendant. If the sum of those amounts is equal to or less than the total amount specified in the offer of compromise, the defendant has not obtained a judgment more favorable than the offer of compromise.

����� (6) For the purposes of this section, �expenses� has the meaning given that term in ORS

ORS 350.300

350.300. [2017 c.332 �1]

(Sexual Misconduct)

����� 350.330 Written policies on sexual harassment, sexual assault, domestic violence, dating violence and stalking; content. (1) In addition to the written protocol adopted under ORS 350.331, each institution of higher education shall adopt written policies concerning sexual harassment, sexual assault, domestic violence, dating violence and stalking that occur both on and off campus.

����� (2) Written policies adopted under this section must include:

����� (a) The adoption of the definition of sexual harassment �Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature where such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual�s work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person.�

����� (b) Procedures to address sexual harassment.

����� (c) Provisions clarifying that the institution of higher education is required to conduct an initial inquiry, or to make contact with named parties, whenever a designated responsible employee has actual knowledge, or in the exercise of reasonable care should know, that possible sexual harassment, sexual assault, domestic violence, dating violence or stalking has occurred.

����� (d) A jurisdictional statement explaining that the institution will analyze and may have an obligation to respond to any complaint received by the institution, regardless of whether the incident occurred on the campus of the institution or elsewhere, that relates to:

����� (A) Sexual harassment;

����� (B) Sexual assault;

����� (C) Domestic violence;

����� (D) Dating violence; or

����� (E) Stalking.

����� (3) Written policies adopted under subsection (2) of this section must:

����� (a) Be written in plain language;

����� (b) Use print that is of a color, size and font that allow the notification to be easily read; and

����� (c) Be made available to students:

����� (A) When sexual harassment, sexual assault, domestic violence, dating violence or stalking is reported;

����� (B) During student orientation; and

����� (C) On the Internet website of the institution of higher education.

����� (4) In addition to the written policies adopted under subsection (2) of this section, each institution of higher education shall require that all Title IX coordinators, hearing officers, process advisors, institution investigators, third-party contracted investigators, campus security officers and any other individual who works at the institution who may be required to assist in conducting an investigation that is subject to Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 to 1688, as amended, participate in annual training. The training required by this subsection must include:

����� (a) The relevant definitions and dynamics of sexual harassment, sexual assault, domestic violence, dating violence and stalking;

����� (b) The prevalence of sexual harassment, sexual assault, domestic violence, dating violence and stalking both overall and, to the extent relevant data exists, within the educational and employment contexts;

����� (c) Trauma-informed best practices for how to serve reporting and responding students, including utilizing trauma-informed principles of support or student-centered frameworks;

����� (d) Best practices for addressing bias and increasing accessibility for students through the use of an anti-oppression framework; and

����� (e) For investigators, how to conduct effective interviews, including best practices for interviewing sexual assault survivors.

����� (5) In addition to containing the material described in subsection (4) of this section, training plans and materials required by this section shall:

����� (a) Include principles related to providing trauma-informed and culturally responsive processes, procedures and victim services;

����� (b) Be gender-responsive, but not reliant on gender stereotypes; and

����� (c) Recognize and account for the unique needs of individuals who identify as lesbian, gay, bisexual, transgender, gender nonconforming or gender nonbinary.

����� (6) As used in this section:

����� (a) �Anti-oppression,� �culturally responsive,� �gender-responsive� and �trauma-informed� shall be defined by each institution of higher education in consultation with the recognized student government of the institution.

����� (b) �Institution of higher education� means:

����� (A) A public university listed in ORS 352.002;

����� (B) Oregon Health and Science University;

����� (C) A community college operated under ORS chapter 341; or

����� (D) An Oregon-based private university or college. [Formerly 350.253]

����� 350.331 Written sexual assault protocol; content. (1) Each public university listed in ORS 352.002, community college and Oregon-based private university or college shall adopt a written protocol to ensure that victims of sexual assault receive necessary services and assistance in situations where:

����� (a) The alleged victim of the sexual assault is a student at the university or college and the alleged sexual assault occurred on the grounds or at the facilities of the university or college; or

����� (b) The alleged perpetrator of the sexual assault is a student at the university or college, or a member of the faculty or staff of the university or college, regardless of where the alleged sexual assault occurred.

����� (2) A written protocol adopted under subsection (1) of this section must ensure that each victim who reports a sexual assault is provided with a written notification setting forth:

����� (a) The victim�s rights;

����� (b) Information about what legal options are available to the victim, including but not limited to:

����� (A) The various civil and criminal options the victim may pursue following an assault; and

����� (B) Any campus-based disciplinary processes the victim may pursue;

����� (c) Information about campus-based services available to the victim;

����� (d) Information about the victim�s privacy rights, including but not limited to information about the limitations of privacy that exist if the victim visits a campus health or counseling center; and

����� (e) Information about and contact information for state and community-based services and resources that are available to victims of sexual assault.

����� (3) A written notification provided under subsection (2) of this section must:

����� (a) Be written in plain language that is easy to understand;

����� (b) Use print that is of a color, size and font that allow the notification to be easily read; and

����� (c) Be made available to students:

����� (A) When a sexual assault is reported;

����� (B) During student orientation; and

����� (C) On the Internet website of the university or college. [Formerly 350.255]

����� 350.332 Limitations on investigations involving sexual assault, domestic violence or stalking. A public university listed in ORS 352.002, a community college or an Oregon-based private university or college may not use the threat or imposition of student discipline or other sanction to influence the decision of a victim of an alleged incident of sexual assault, domestic violence or stalking regarding whether or not the victim will report the alleged incident or participate in an investigation or adjudication of the alleged incident. [Formerly 350.257]

����� 350.335 Definitions for ORS 350.335 to 350.346. As used in ORS 350.335 to 350.346:

����� (1) �Certified advocate� and �qualified victim services program� have the meanings given those terms in ORS 40.264.

����� (2) �Institution of higher education� has the meaning given that term in ORS 350.330.

����� (3) �Reporting party� means a student or employee at an institution of higher education who reports having experienced an incident of sexual misconduct to the institution.

����� (4) �Sexual misconduct� means an incident of sexual harassment, sexual violence, intimate partner violence, domestic violence, sexual exploitation, stalking, harassment or violence based on sexual orientation or gender identity or expression, or other gender-based harassment or violence.

����� (5) �Student� means an individual who:

����� (a) Is enrolled in a credit-bearing program at an institution of higher education, whether part-time or full-time; or

����� (b) Who has taken a leave of absence within the past two academic years or withdrawn from the institution of higher education after reporting an incident of sexual misconduct to the Title IX coordinator at the institution.

����� (6) �Trauma-informed response� means a response involving an understanding of the complexities of intimate partner violence, domestic violence, sexual assault and stalking through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding the causes and impacts of sexual assault and related trauma and knowledge of how to conduct an effective investigation. [2023 c.550 �1; 2024 c.46 �1]

����� 350.336 Sexual Misconduct Survey Council established; composition. (1) The Sexual Misconduct Survey Council is established, consisting of 19 voting members and four nonvoting members.

����� (2) The four nonvoting members of the council shall be appointed as follows:

����� (a) The President of the Senate shall appoint two nonvoting members from among members of the Senate; and

����� (b) The Speaker of the House of Representatives shall appoint two nonvoting members from among members of the House of Representatives.

����� (3)(a) The executive director of the Higher Education Coordinating Commission, in consultation with the Attorney General�s Sexual Assault Task Force and the Oregon Coalition Against Domestic and Sexual Violence, shall appoint the following 17 voting members of the council:

����� (A) One individual who represents a public university listed in ORS 352.002;

����� (B) One individual who represents a private institution of higher education;

����� (C) One individual who represents a community college operated under ORS chapter 341;

����� (D) One Title IX coordinator from an institution of higher education that awards bachelor�s degrees;

����� (E) One individual from the Oregon Coalition Against Domestic and Sexual Violence;

����� (F) One representative from the Attorney General�s Sexual Assault Task Force;

����� (G) One individual from a national coalition focused on ending campus sexual violence, including but not limited to the Every Voice Coalition;

����� (H) Two students who are enrolled at a public university listed in ORS 352.002 and who are affiliated with a group or organization that advocates for multicultural, diversity or antidiscrimination training;

����� (I) Two students who are enrolled at a private institution of higher education and who are affiliated with a group or organization that advocates for multicultural, diversity or antidiscrimination training;

����� (J) Two students who are enrolled at a community college operated under ORS chapter 341 and who are affiliated with a group or organization that advocates for multicultural, diversity or antidiscrimination training;

����� (K) One individual who has demonstrated experience in the development and design of sexual misconduct climate surveys;

����� (L) One individual who has demonstrated expertise in statistics, data analytics or econometrics and experience in higher education survey analysis;

����� (M) One individual who is a medical or mental health care professional with experience working with victims of trauma at a health services program at an institution of higher education; and

����� (N) One individual from a community-based domestic and sexual violence advocacy agency.

����� (b) An individual appointed under paragraph (a)(E) to (G) of this subsection may appoint a designee to serve on the council in place of the individual appointed.

����� (4) In addition to the individuals described in subsections (2) and (3) of this section, the Attorney General and the executive director of the commission, or the designee of the Attorney General or the executive director of the commission, shall serve as voting members of the council.

����� (5) In appointing members to the council, the appointing authorities shall:

����� (a) Seek to ensure that membership on the council is reflective of the gender, racial and geographic diversity of Oregon; and

����� (b) Seek to appoint individuals with a background, education or experience in the fields of public health, survey design or Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 to 1688, as amended.

����� (6)(a) The term of office of each individual appointed to the council under subsections (2) and (3) of this section is two years. Before the expiration of the term of a member, the appointing authority shall appoint a successor. A member is eligible for reappointment.

����� (b) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unfinished term.

����� (7) The council shall select one or more of its voting members as chairperson or as cochairpersons.

����� (8) A majority of the voting members of the council constitutes a quorum for the transaction of business.

����� (9) The Higher Education Coordinating Commission shall provide staff support to the council.

����� (10)(a) Except as provided in paragraphs (b) and (c) of this subsection, members of the council are not entitled to compensation for their service on the council.

����� (b) To the extent moneys are available, members of the council who are not members of the Legislative Assembly shall be reimbursed for actual and necessary travel and other expenses incurred by the members in the performance of official duties in the manner and amount as provided in ORS 292.495.

����� (c) Legislative members of the council shall be entitled to payment of compensation and expense reimbursement under ORS 171.072, payable from funds appropriated to the Legislative Assembly. [2023 c.550 �2]

����� 350.337 Duties of council; development of survey; contents of survey. (1) At least once every two years, the Sexual Misconduct Survey Council established under ORS 350.336 shall:

����� (a) Develop a base survey for distribution to institutions of higher education; and

����� (b) Provide each institution of higher education with any recommendations regarding use of the survey, including but not limited to additional content that could be added, the timing for conducting the survey, recommendations for achieving statistically valid response rates and how the survey results should be interpreted.

����� (2) In developing the base survey required under subsection (1) of this section, the council shall:

����� (a) Utilize best practices from peer-reviewed research and consult with individuals with expertise in the development and use of sexual misconduct climate surveys by post-secondary institutions of education;

����� (b) Review sexual misconduct climate surveys that have been developed and previously used by post-secondary institutions of education;

����� (c) Provide opportunities for written comment from organizations that work directly with victims of sexual misconduct in order to ensure the adequacy and appropriateness of the proposed content;

����� (d) Consult with institutions of higher education on strategies for optimizing the effectiveness of the survey;

����� (e) Account for the diverse needs and differences of institutions of higher education;

����� (f) Provide opportunities for student feedback through optional comment boxes at the end of the survey and by providing a time and space for students to comment to the council on what could be done to improve the sexual misconduct climate survey described in ORS 350.338 so that the results of the survey convey an accurate representation of happenings on campus; and

����� (g) Use a trauma-informed framework.

����� (3) The base survey shall gather data on topics including but not limited to:

����� (a) The number and type of incidents, both reported and unreported, of sexual misconduct at the institution of higher education;

����� (b) When incidents of sexual misconduct occurred, without requiring a specific date or time;

����� (c) Whether incidents of sexual misconduct occurred on campus, off campus, overseas or virtually;

����� (d) If the sexual misconduct was perpetrated by a student, faculty member, nonfaculty staff member, third-party vendor to the institution of higher education or other individual;

����� (e) How aware students are of institutional policies and procedures related to campus sexual misconduct;

����� (f) Whether a student reported sexual misconduct, with specific follow-up questions regarding:

����� (A) For students who reported sexual misconduct, whether the report was made to a campus resource or law enforcement agency; and

����� (B) For students who did not report sexual misconduct, why the student chose not to make a report;

����� (g) Whether students who experienced sexual misconduct disclosed the sexual misconduct to a friend, peer, family member, faculty or nonfaculty staff member, campus resource or law enforcement official;

����� (h) For a student who reported sexual misconduct:

����� (A) Whether the student was informed of or referred to local, state, campus or other resources, or to victim support services, including but not limited to appropriate medical care, mental health counseling and legal services; and

����� (B) Whether the student was provided with protection from retaliation, access to institution-based supportive measures or institution-based accommodations and criminal justice remedies;

����� (i) For a student who experienced assault, the types of contextual factors that were present during the assault, including but not limited to the involvement of force, incapacitation, coercion, drugs or alcohol;

����� (j) Demographic information that could be used to identify at-risk groups, including but not limited to sex, race, ethnicity, national origin, economic status, disability status, gender identity, immigration status and sexual orientation;

����� (k) Perceptions of campus safety among members of the campus community;

����� (L) Student confidence in the institution�s ability to protect against and respond to incidents of sexual misconduct;

����� (m) Whether students who reported sexual misconduct took a leave of absence from the institution, or considered transferring to another institution or withdrawing;

����� (n) Whether students who experienced sexual misconduct withdrew from any classes or were placed on academic probation;

����� (o) Whether students experienced any financial impacts from sexual misconduct or the institution�s response to a report of sexual misconduct;

����� (p) Whether students experienced any negative health impacts from sexual misconduct or the institution�s response to a report of sexual misconduct, including but not limited to post-traumatic stress disorder, anxiety, depression, chronic pain or eating disorders;

����� (q) Community attitudes towards sexual misconduct, including but not limited to students� willingness to intervene as bystanders; and

����� (r) Any other questions the council determines would be beneficial.

����� (4) A base survey developed under this section:

����� (a) Shall:

����� (A) Include a �decline to state� and �not applicable� option for each question;

����� (B) Be offered to all students enrolled at the institution of higher education, including students who are studying abroad or who have been enrolled at the institution within the last academic year;

����� (C) Be created taking into account all reasonable measures to ensure that an adequate, random and representative sample of students complete the survey; and

����� (D) Be administered online, with reasonable accommodations provided to all students in order to ensure accessibility; and

����� (b) May not require the disclosure of any personally identifiable information. [2023 c.550 �3; 2024 c.46 �2]

����� 350.338 Survey of enrolled students; information to be posted on website. (1) At least once every two years, each institution of higher education shall conduct a sexual misconduct climate survey of all students enrolled at the institution.

����� (2)(a) A survey conducted under this section shall include:

����� (A) The most recent base survey provided by the Sexual Misconduct Survey Council under ORS

ORS 350.337

350.337; and

����� (B) Any additional campus-specific questions chosen by the institution, provided that the additional questions do not:

����� (i) Require the disclosure of any personally identifiable information; and

����� (ii) Are not objectively traumatizing for victims of sexual misconduct.

����� (b) The council may review any questions that are added by an institution under paragraph (a)(B) of this subsection to ensure that the questions do not violate the requirements set forth in paragraph (a)(B)(i) or (ii) of this subsection. If the council determines that an institution has included questions that violate paragraph (a)(B)(i) or (ii) of this subsection the council, and any appropriate experts appointed by the council, shall assist the institution in developing appropriate campus-specific questions.

����� (3) No later than 120 days after completing a survey under this section, each institution of higher education shall:

����� (a) Submit an aggregate summary of the results to the Higher Education Coordinating Commission; and

����� (b) Post on the institution�s website in an easily accessible manner:

����� (A) A summary of the results of the survey;

����� (B) Any annual security reports required to be reported under federal law, including but not limited to the Annual Security Report required to be reported under the Clery Act of 1990 (P.L. 101-542), as amended; and

����� (C) A link to the data repository for summaries of sexual misconduct climate surveys established by the commission under ORS 350.339. [2023 c.550 �4]

����� 350.339 Survey data repository; rules. (1) The Higher Education Coordinating Commission shall establish a data repository for all summaries of sexual misconduct climate surveys conducted by institutions of higher education and submitted to the commission under ORS

ORS 350.338

350.338.

����� (2) The data repository established under this section must:

����� (a) Be made available to the public in an easily accessible manner on the website of the commission; and

����� (b) Except as provided in subsection (3) of this section, include all sexual misconduct climate survey data received by the commission.

����� (3) Prior to making the data of any sexual misconduct climate survey the commission receives publicly available, the commission shall ensure that the data is anonymized and does not contain any personally identifiable information. The commission may alter the data it receives to the degree necessary to ensure conformity with this subsection.

����� (4) The commission shall adopt rules for the dissemination and collection of sexual misconduct climate surveys at institutions of higher education. In adopting these rules, the commission shall seek to promote effective solicitation that will achieve the highest practicable response rate, collection and publication of statistical information from institutions of higher education. [2023 c.550 �5]

����� 350.340 Victim services program; required employment of certified advocate; exceptions; qualifications; duties. (1)(a) Except as provided in paragraph (b) of this subsection, each institution of higher education shall employ at least one certified advocate as part of an institution-based qualified victim services program.

����� (b) An institution of higher education is not required to employ a certified advocate if the institution does not have an institution-based qualified victim services program, or has fewer than 1,000 enrolled students who reside on campus and either:

����� (A)(i) Partners with a local victim advocacy organization to provide a certified advocate;

����� (ii) Ensures that the certified advocate has on-campus office hours; and

����� (iii) Ensures that the services of the certified advocate are provided without charge to enrolled students; or

����� (B) Obtains a waiver from the Higher Education Coordinating Commission. The commission may waive the requirements of this section if the commission determines that, despite reasonable efforts, the institution was unable to enter into a partnership with a local victim advocacy organization. A waiver under this subparagraph shall be no longer than one year in duration, except that an institution may subsequently apply for a waiver renewal.

����� (2) A certified advocate employed by an institution of higher education under this section shall be appointed based on the individual�s experience and demonstrated ability to effectively provide victim services related to sexual misconduct and:

����� (a) May not:

����� (A) Be an undergraduate student of the institution;

����� (B) Be a Title IX coordinator for the institution;

����� (C) Be an authorized administrator of disciplinary processes on behalf of the institution;

����� (D) Be a member of campus police or law enforcement; or

����� (E) Have any additional job responsibilities that could create a conflict of interest, including but not limited to being a general counsel, director of athletics, dean of students, clergy member, or any employee who serves on a judicial or hearing board or to whom an appeal regarding an allegation of sexual misconduct may be made; and

����� (b) Shall receive training:

����� (A) Required to be a certified advocate;

����� (B) On the requirements of Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 to 1688, as amended;

����� (C) On the policies of the institution of higher education relating to sexual misconduct; and

����� (D) On trauma-informed response.

����� (3) Nothing in this section prohibits a certified advocate who is employed full-time under this section from receiving employment benefits, including tuition benefits.

����� (4) A certified advocate who is employed under this section shall:

����� (a) Provide confidential services to students and inform students of all information required to be provided under ORS 350.330 and 350.331;

����� (b) Provide written notification to all institution staff involved in providing or enforcing supportive measures or accommodations of the respective duties of these staff members;

����� (c) If directed by a student, assist the student in contacting campus police or local law enforcement agencies to make a report;

����� (d) Notify students of their rights, and the responsibilities of the institution, regarding protection orders, no contact orders and any other lawful order issued by the institution or by a criminal, civil or tribal court;

����� (e) Be subject to privilege as a certified advocate under ORS 40.264;

����� (f) Coordinate with on-campus sexual misconduct response resources and any community-based domestic and sexual violence advocacy agency with which the institution has entered into a memorandum of understanding under ORS 350.341 within a reasonable time after being designated as a certified advocate; and

����� (g) If requested by signed written consent from a student, assist the student with coordinating on-campus supports and supports available with any community-based domestic and sexual violence advocacy agency with which the institution has entered into a memorandum of understanding under ORS 350.341.

����� (5) A certified advocate employed under this section:

����� (a) If requested by a student, may attend an administrative or institution-based adjudication proceeding as the advocate or support person for the student;

����� (b) May not:

����� (A) Be required to report an incident to the institution or a law enforcement agency unless otherwise required to do so by state or federal law;

����� (B) Disclose confidential information, including but not limited to the name, contact information or any personally identifiable information of a student or any information on the sexual misconduct, without the prior written consent of the student who provided the information to the certified advocate;

����� (C) Provide services to both the reporting party and the responding party of the same sexual misconduct incident; or

����� (D) Act as a counselor or therapist.

����� (6) Nothing in this section may be construed to limit either party�s right of cross examination of the certified advocate in a criminal or civil proceeding if the advocate testifies after written consent has been given.

����� (7) Providing notice to a certified advocate of an alleged act of sexual misconduct or an advocate�s performance of a service under this section may not be considered actual or constructive notice to the institution of higher education of the alleged act.

����� (8) If a conflict of interest arises for an institution of higher education in which a certified advocate is advocating for a student�s need for sexual misconduct crisis services or for campus resources or law enforcement services, the institution may not discipline, penalize or otherwise retaliate against the certified advocate for representing the interest of the reporting party. [2023 c.550 �6; 2024 c.46 �3]

����� 350.341 Domestic and sexual violence advocacy; required memorandum of understanding; contents; exceptions from requirement. (1) Except as provided in subsection (4) of this section, each institution of higher education shall enter into and maintain a memorandum of understanding with a community-based domestic and sexual violence advocacy agency that is in the same county as the institution.

����� (2) The memorandum of understanding entered into under this section shall ensure that the community-based domestic and sexual violence advocacy agency will:

����� (a) Assist in developing the institution�s training regarding sexual misconduct that involves students and employees;

����� (b) Provide an accessible off-campus alternative where students and employees of the institution can receive free and confidential sexual misconduct crisis services, including but not limited to access to a sexual assault nurse examiner, if available, and to domestic violence crisis services in response to sexual misconduct;

����� (c) Ensure that a student or employee of the institution can access free and confidential counseling and advocacy services either on campus or off campus; and

����� (d) Ensure cooperation and training between the institution and the community-based domestic and sexual violence advocacy agency to ensure an understanding of the roles that the institution or center should play in responding to reports and disclosures of sexual misconduct against students and employees of the institution and the institution�s protocols for providing support and services to students and employees who have been the victims of sexual misconduct.

����� (3)(a) A memorandum of understanding entered into under this section may include an agreement, including a fee structure, between the community-based domestic and sexual violence advocacy agency and the institution of higher education for the provision of confidential victim services.

����� (b) As used in this subsection, �confidential victim services� means case consultation and training fees for certified advocates, consultation fees for the development and implementation of student education and prevention programs, the development of staff training and prevention curriculum and confidential on-site office space for a representative from a community-based domestic and sexual violence advocacy agency to meet with students or employees of the institution of higher education.

����� (4) Notwithstanding subsection (1) of this section:

����� (a) Upon written application by an institution of higher education, the Higher Education Coordinating Commission may waive the requirements of this section if the commission determines that, despite reasonable efforts, the institution was unable to enter into a memorandum of understanding with a community-based domestic and sexual violence advocacy agency. A waiver under this paragraph shall be no longer than one year in duration, but an institution may subsequently apply for a waiver renewal.

����� (b) This section does not apply to a satellite campus or branch campus of an institution of higher education if the satellite campus or branch campus has 1,000 or fewer enrolled students who reside on campus. [2023 c.550 �7; 2024 c.46 �4]

����� 350.342 Discipline prohibited for reporting party or witness; exceptions. (1)(a) A reporting party or a witness who requests an investigation of sexual misconduct may not be subjected to a disciplinary proceeding or sanction for violating the institution of higher education�s student conduct policy related to drug or alcohol use, trespassing or unauthorized entry of school facilities or other violations of a school policy or code of conduct that is discovered in connection with the alleged sexual misconduct unless the institution determines that the report was not made in good faith or that the violation of the policy was an egregious violation.

����� (b) As used in this subsection, an �egregious violation� includes but is not limited to taking an action that places the health and safety of another individual at risk.

����� (2) If the code of conduct of an institution of higher education prohibits sexual activity or certain forms of sexual activity, including but not limited to same-gender relationships or sexual activity, the institution may not take disciplinary action against:

����� (a) Individuals who report sexual misconduct or nonharassing sexual activity related to sexual misconduct that is discovered during an investigation into reported sexual misconduct; or

����� (b) Other nonharassing sexual activity that is discovered during an investigation into an allegation of sexual misconduct.

����� (3) In any instance in which disciplinary action is taken against an individual who has reported sexual misconduct, the institution of higher education shall review the disciplinary action to determine if there is a link between the disclosed sexual misconduct and the misconduct that led to the reporting party�s being disciplined. [2023 c.550 �8]

����� 350.343 Required training for students and employees of institution; contents of training. (1) In addition to any requirements set forth in ORS 350.330 and 350.331, each institution of higher education shall:

����� (a) Receive guidance from the Title IX coordinator of the institution, local law enforcement, violence prevention specialists, public health specialists, other individuals with experience identifying protective and risk factors related to violence and the community-based domestic and sexual violence advocacy agency with which the institution entered into a memorandum of understanding under ORS

ORS 352.313

352.313. The education and training for which credit may be given must meet the standards adopted by the Oregon Health and Science University Board of Directors by rule. [2005 c.518 �5]

(Physical Access Committee)

����� 353.210 Purpose; members; duties. (1) The Oregon Health and Science University shall convene a physical access committee to identify barriers to access by persons with disabilities at the university. The committee shall include, but not be limited to:

����� (a) One or more students with disabilities or, if there are no students with disabilities willing to participate, a person with a disability who uses the university�s facilities;

����� (b) One or more members of the faculty or staff with disabilities;

����� (c) The coordinator of services for students with disabilities for the university;

����� (d) One or more administrators of the university; and

����� (e) One or more members of the physical plant staff of the university.

����� (2) The physical access committee shall present its findings and recommendations to the administration of the university, listing access needs and priorities for meeting those needs. These findings and recommendations shall identify the barriers to access that prevent persons with disabilities from meaningfully utilizing campus facilities related to instruction, academic support, assembly and residence life.

����� (3) In preparing budget requests for each biennium, the university shall include amounts for capital improvement that will be applied to the substantial reduction and eventual elimination of barriers to access by persons with disabilities as identified by the physical access committee.

����� (4) Nothing in this section and ORS 185.155 and 341.937 requires the university to undertake projects for accessibility that are not otherwise required unless such projects are funded specifically by the Legislative Assembly. [1995 c.162 �29; 2007 c.70 �150]

PERSONNEL

����� 353.250 Alternative retirement programs for employees. Notwithstanding the provisions of ORS chapters 238 and 238A, the Oregon Health and Science University may offer to its employees, in addition to the Public Employees Retirement System, alternative retirement programs. [1995 c.162 �15; 1997 c.249 �111; 2003 c.733 �76]

����� 353.260 Personnel records; access; control; creation. (1) Oregon Health and Science University may adopt policies governing access to university personnel records that are less than 25 years old.

����� (2) Policies adopted under subsection (1) of this section shall require that personnel records be subjected to restrictions on access unless the president of the university finds that the public interest in maintaining individual rights to privacy in an adequate educational environment would not suffer by disclosure of such records. Access to such records may be limited to designated classes of information or persons, or to stated times and conditions, or to both, but cannot be limited for records more than 25 years old.

����� (3) No rule or order adopted pursuant to this section shall deny to a faculty member full access to the member�s personnel file or records kept by the university, except as provided in subsection (4)(d) and (e) of this section.

����� (4)(a) The files relating to the evaluation of a faculty member shall be kept in designated, available locations.

����� (b) Any evaluation received by telephone shall be documented in each of the faculty member�s files by means of a written summary of the conversation with the names of the conversants identified.

����� (c) A faculty member shall be entitled to submit, for placement in the files, evidence rebutting, correcting, amplifying or explaining any document contained therein and other material that the member believes might be of assistance in the evaluation process.

����� (d) Letters and other information for a faculty member of the university submitted in confidence to the State Board of Higher Education or its public universities or offices, schools or departments prior to July 1, 1975, shall be maintained in the files designated by paragraph (a) of this subsection. However, if a faculty member requests access to those files, the anonymity of the contributor of letters and other information obtained prior to July 1, 1975, shall be protected. The full text shall be made available, except that portions of the text that would serve to identify the contributor shall be excised by a faculty committee. Only the names of the contributors and the excised portions of the documents may be kept in a file other than the files designated by paragraph (a) of this subsection.

����� (e) Confidential letters and other information submitted to or solicited by the university after July 1, 1995, and prior to the employment of a prospective faculty member are exempt from the provisions of this paragraph. However, if the member is employed by the university, the confidential preemployment materials shall be placed in the files designated by paragraph (a) of this subsection. If a faculty member requests access to the member�s files, the anonymity of the contributor of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available, except that portions of the text that would serve to identify the contributor shall be excised and retained in a file other than the files designated by paragraph (a) of this subsection.

����� (f) Classroom survey evaluations by students of a faculty member�s classroom or laboratory performance shall be anonymous. The record of tabulated reports shall be placed in at least one of the files designated by paragraph (a) of this subsection. All survey instruments used to obtain evaluation data shall be returned to the faculty member.

����� (g) The university, when evaluating its employed faculty members, shall not solicit or accept letters, documents or other materials, given orally or in written form, from individuals or groups who wish their identity kept anonymous or the information they provide kept confidential.

����� (5) No policy or order adopted pursuant to this section limits the authority of the university to prepare, without identification of individual persons who have not consented thereto, statistical or demographic reports from personnel records.

����� (6) Any category of personnel records specifically designated as confidential pursuant to valid policies or orders as provided in this section shall not be deemed a public record for the purposes of ORS 192.314.

����� (7) As used in this section, �personnel records� means records containing information kept by the university concerning a faculty member and furnished by the faculty member or by others about the faculty member at the member�s or at the university�s request, including but not limited to information concerning discipline, membership activity, employment performance or other personal records of individual persons. [1995 c.162 �23; 1999 c.291 �9; 2011 c.637 �258]

����� 353.270 Compensation of officers and employees; conflicts of interest. (1) Oregon Health and Science University may authorize receipt of compensation for any officer or employee of the university from private or public resources, including but not limited to income from:

����� (a) Consulting;

����� (b) Appearances and speeches;

����� (c) Intellectual property conceived, reduced to practice or originated and therefore owned within the university;

����� (d) Providing services or other valuable consideration for a private corporation, individual or entity, whether paid in cash or in kind, stock or other equity interest, or anything of value regardless of whether there is a licensing agreement between the university and the private entity;

����� (e) Performing public duties paid by private organizations, including university corporate affiliates, that augment an officer�s or employee�s publicly funded salary. Such income shall be authorized and received in accordance with policies established by the university; and

����� (f) Providing medical and other health services.

����� (2) The university may not authorize compensation, as described in subsection (1) of this section, that, in the university�s judgment, does not comport with the missions of the university or substantially interferes with an officer�s or employee�s duties to the university.

����� (3) Any compensation described and authorized under subsection (1) of this section is considered official compensation or reimbursement of expenses for purposes of ORS 244.040 and is not considered an honorarium prohibited by ORS 244.042. If authorization or receipt of the compensation creates a potential conflict of interest, the officer or employee shall report the potential conflict in writing in accordance with policies of the university. The disclosure is a public record subject to public inspection.

����� (4) Compensation described and authorized under subsection (1) of this section that is not paid by Oregon Health and Science University is not salary for purposes of ORS chapter 238 or 238A.

����� (5) The university shall adopt standards governing employee outside employment and activities of employees, including potential conflicts of interest, as defined by the university and consistent with ORS 244.020, and the public disclosure thereof, and procedures for reporting and hearing potential or actual conflict of interest complaints. [1995 c.162 �24; 1999 c.291 �10; 2007 c.877 �27; 2018 c.54 �3]

����� 353.280 Faculty; status; powers. The president and professors constitute the faculty of the Oregon Health and Science University and as such have the immediate government and discipline of it and the students therein. The faculty may, subject to the supervision of the Oregon Health and Science University Board of Directors, prescribe the course of study to be pursued at the university and the textbooks to be used. [1995 c.162 �28]

����� 353.290 Reductions in faculty; affirmative action plans and goals. The Oregon Health and Science University shall consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of:

����� (1) Reductions in revenue that necessitate discontinuance of its educational program at its anticipated level;

����� (2) Elimination of classes due to decreased student enrollment; or

����� (3) Reduction in courses due to administrative decisions. [1995 c.162 �31]

����� 353.300 Prohibition on political or sectarian test in appointment of faculty or employees. No political or sectarian test shall ever be allowed or applied in the appointment of faculty and other employees of the Oregon Health and Science University. [1995 c.162 �25]

FINANCE

(Generally)

����� 353.330 Effect of law on bonds, certificates of participation or agreements for borrowing money; responsibility for payment; rights of holders of obligations. (1) Nothing in chapter 162, Oregon Laws 1995, shall be construed in any way to impair the obligations or agreements of the State of Oregon or the Oregon Department of Administrative Services with respect to bonds, certificates of participation, financing agreements or other agreements for the borrowing of money issued prior to July 1, 1995, by the State of Oregon on behalf of the State Board of Higher Education for equipment or projects for Oregon Health and Science University. The university and the department shall take all actions necessary to ensure full compliance with all indentures, resolutions, declarations, agreements and other documents issued with respect to the bonds, certificates of participation, financing agreements or other agreements for the borrowing of money issued prior to July 1, 1995, by the State of Oregon on behalf of the State Board of Higher Education for equipment or projects for the university. The department and the university shall establish, in a written agreement that is approved by the State Treasurer, the responsibility of the university for the payment to the department of moneys sufficient to pay when due all principal, interest and any other charges on bonds, certificates of participation, financing agreements or other agreements for the borrowing of money issued prior to July 1, 1995, by the State of Oregon on behalf of the State Board of Higher Education for equipment or projects for the university.

����� (2) Holders of obligations issued by the university on or after July 1, 1995, may be paid pari passu with the obligations issued by the State of Oregon on behalf of the State Board of Higher Education for equipment or projects for the university prior to July 1, 1995, from the rents, revenues, receipts, appropriations or other income of the university, but only to the extent that:

����� (a) Such holders have no rights, liens or other interests with respect to such rents, revenues, receipts, appropriations or other income of the university that are senior or superior to the rights granted to the holders of obligations issued prior to July 1, 1995, by the State of Oregon on behalf of the State Board of Higher Education for equipment or projects for the university; and

����� (b) The department or the State of Oregon, acting for the benefit of such holders of obligations, is granted a lien or other security interest in the rents, revenues, receipts, appropriations or other income of the university that is not junior to and is at least pari passu with any lien or other security interest granted to the holders of obligations issued by the university.

����� (3) Any expenses, including legal expenses, judgments, liabilities and federal arbitrage and rebate penalties arising from the actions of the university, if incurred with respect to bonds, certificates of participation, financing agreements or other agreements for the borrowing of money issued prior to July 1, 1995, by the State of Oregon on behalf of the State Board of Higher Education for equipment or projects for the university, shall be paid when due by the university, subject to the university�s right to reasonably contest such charges, judgments, liabilities or penalties. The university shall assist the department in making any necessary calculations and filing any necessary reports related to arbitrage and rebate on such indebtedness.

����� (4) Any amounts deposited with the State Treasurer, the department or its designated agents in any debt service in reserve accounts for the debt service associated with any bonds, certificates of participation, financing agreements or other agreements for the borrowing of money issued prior to July 1, 1995, by the State of Oregon on behalf of the State Board of Higher Education for equipment or projects for the university shall remain with the State Treasurer, the department or its designated agents until such time as the bonds, certificates of participation, financing agreements or other agreements for the borrowing of money for which such reserve accounts have been established have been retired or defeased. The university shall be credited with the investment earnings on such reserve accounts. [1995 c.162 �58; 1999 c.291 �11; 2015 c.767 �23]

����� Note: Legislative Counsel has substituted �chapter 162, Oregon Laws 1995,� for the words �this Act� in section 58, chapter 162, Oregon Laws 1995, compiled as 353.330. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 22 of ORS.

(Bonds)

����� 353.340 Issuance and sale of revenue bonds by university. Oregon Health and Science University may from time to time issue and sell revenue bonds in accordance with ORS chapter 287A. However, the provisions contained in ORS 287A.150 (2) to (6) do not apply to revenue bonds issued by the university. Such revenue bonds shall not in any manner nor to any extent be a general obligation of the university nor a charge upon any revenues or property of the university not specifically pledged thereto. An obligation described in this section is not an indebtedness of the State of Oregon. [1995 c.162 �59; 1999 c.291 �12; 2007 c.783 �156]

����� 353.350 Revenue bonds considered bonds of political subdivision. Revenue bonds issued by the Oregon Health and Science University pursuant to ORS chapter 287A shall be considered to be bonds of a political subdivision of the State of Oregon for the purposes of all laws of the state. [1995 c.162 �60; 2007 c.783 �157]

����� 353.360 Refunding bonds. Refunding bonds of the same character and tenor as those replaced thereby may be issued by the Oregon Health and Science University pursuant to ORS 287A.360 to 287A.380. [1995 c.162 �61; 2007 c.783 �158]

����� 353.370 Notice to Legislative Assembly required if shortfall in moneys exists for payment of amounts under bonds, certificates of participation or agreements for borrowing money. In addition to, and not in limitation of, the means of satisfying state general obligation bond obligations under ORS 291.445, Oregon Health and Science University, promptly upon the discovery of any shortfall in moneys available to the university for the payment when due of amounts under any bonds, certificates of participation, financing agreements or other agreements for the borrowing of moneys issued prior to July 1, 1995, by the State of Oregon on behalf of the State Board of Higher Education for equipment or projects for the university, shall notify in writing the Legislative Assembly, or if the Legislative Assembly is not in session, the Emergency Board, of the existence and amount of the shortfall. The Legislative Assembly or the Emergency Board, as the case may be, may provide funds to satisfy the payment of any such amount. By enacting this provision, the Legislative Assembly acknowledges its current intention to provide, from funds other than those appropriated or otherwise made available to public universities listed in ORS 352.002, funds to pay such amount. However, except as may be required by the Oregon Constitution or ORS 291.445, neither the Legislative Assembly nor the Emergency Board shall have any legal obligation to provide funds under this section. [1995 c.162 �61a; 1999 c.291 �13; 2015 c.767 �24]

(Financial Agreements)

����� 353.380 Definitions for ORS 353.380 to 353.420. As used in ORS 353.380 to 353.420:

����� (1) �Credit enhancement agreement� means any agreement or contractual relationship between the Oregon Health and Science University and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certificates of participation authorized by ORS 353.380 to 353.420.

����� (2) �Financing agreement� means a lease-purchase agreement, an installment sale agreement, a loan agreement, note agreement, short-term promissory notes, commercial papers, lines of credit or similar obligations or any other agreement to finance real or personal property that is or will be owned and operated by the university, or to refinance previously executed financing agreements.

����� (3) �Personal property� means tangible personal property, software and fixtures.

����� (4) �Property rights� means, with respect to personal property, the rights of a secured party under ORS chapter 79A, and, with respect to real property, the rights of a trustee or lender under a lease authorized by ORS 353.410 (4).

����� (5) �Software� means software and training and maintenance contracts related to the operation of computing equipment. [1995 c.162 �17; 2001 c.445 �174]

����� 353.390 Authority to enter financing agreements; limitations. Oregon Health and Science University may enter into financing agreements in accordance with ORS 353.380 to 353.420, upon such terms as the university finds to be advantageous. Amounts payable by the university under a financing agreement shall be limited to funds specifically pledged, budgeted for or otherwise made available by the university. If there are insufficient available funds to pay amounts due under a financing agreement, the lender may exercise any property rights that the university has granted to it in the financing agreement against the property that was purchased with the proceeds of the financing agreement, and may apply the amounts so received toward payments scheduled to be made by the university under the financing agreement. [1995 c.162 �18; 1999 c.291 �14]

����� 353.400 Delegation of board authority. The Oregon Health and Science University Board of Directors may delegate to any board member, officer or employee of the Oregon Health and Science University the authority to determine maturity dates, principal amounts, redemption provisions, interest rates or methods for determining variable or adjustable interest rates, denominations and other terms and conditions of such obligations that are not appropriately determined at the time of enactment or adoption of the authorizing resolution. The board may also delegate entering into financing agreements or any other instruments authorized by law. This delegated authority shall be exercised subject to applicable requirements of law and such limitations and criteria as may be set forth in the authorizing resolution. [1995 c.162 �19]

����� 353.410 University powers regarding financing agreements and credit enhancement agreements. Oregon Health and Science University may:

����� (1) Enter into agreements with third parties to hold financing agreement proceeds, payments and reserves as security for lenders, and to issue certificates of participation in the right to receive payments due from the university under a financing agreement. Amounts so held shall be invested at the direction of the Oregon Health and Science University Board of Directors. Interest earned on any investments held as security for a financing agreement may, at the option of the board, be credited to the accounts held by the third party and applied in payment of sums due under a financing agreement.

����� (2) Enter into credit enhancement agreements for financing agreements or certificates of participation, provided that such credit enhancement agreements shall be payable solely from funds specifically pledged, budgeted for or otherwise made available by the university and amounts received from the exercise of property rights granted under such financing agreements.

����� (3) Use financing agreements to finance the costs of acquiring or refinancing real or personal property, plus the costs of reserves, credit enhancements and costs associated with obtaining the financing.

����� (4) Grant leases of real property with a trustee or lender. Such leases may be for a term that ends on the date on which all amounts due under a financing agreement have been paid or provision for payment has been made, or up to 20 years after the last scheduled payment under a financing agreement, whichever is later. Such leases may grant the trustee or lender the right to evict the university and exclude it from possession of the real property for the term of the lease if the university fails to pay when due the amounts scheduled to be paid under a financing agreement, or otherwise defaults under a financing agreement. Upon default, the trustee or lender may sublease the land to third parties and apply any rentals toward payments scheduled to be made under a financing agreement.

����� (5) Grant security interests in personal property to trustees or lenders.

����� (6) Make pledges for the benefit of trustees and lenders.

����� (7) Purchase fire and extended coverage or other casualty insurance for property that is acquired or refinanced with proceeds of a financing agreement, assign the proceeds thereof to a lender or trustee to the extent of their interest, and covenant to maintain such insurance while the financing agreement is unpaid, so long as available funds are sufficient to purchase such insurance. [1995 c.162 �20; 1999 c.291 �15]

����� 353.420 Effect of financing agreement on tax status. A lease or financing agreement under ORS 353.380 to 353.420 shall not cause property to be subject to property taxation and shall be disregarded in determining whether property is exempt from taxation under ORS chapter 307. [1995 c.162 �21]

PROGRAMS

����� 353.440 Findings regarding coordination of programs. The Legislative Assembly finds that:

����� (1) Public universities listed in ORS 352.002 and other educational sectors have academic programs that are related to or integrated with the programs of Oregon Health and Science University.

����� (2) It is in the best interest of the state that a coordinated approach be taken to these related and integrated academic programs.

����� (3) In order to best ensure the continued harmony of such academic programs, the Oregon Health and Science University and public universities shall coordinate such programs and shall advise each other of the following proposed changes to such academic programs:

����� (a) Creation or significant revision, such as a merger or closure, of degree programs;

����� (b) Creation or significant revision, such as a merger or closure, of schools; and

����� (c) Creation or significant revision of major academic policies.

����� (4) The Oregon Health and Science University and the Higher Education Coordinating Commission shall coordinate and advise each other of the following types of proposed changes to their related or integrated academic programs:

����� (a) Coordination of strategic plans for achieving higher education goals;

����� (b) Seeking advice and input from each other on modifications to statutory educational missions;

����� (c) Working to develop a statewide educational data system;

����� (d) Collaborating as necessary on the creation of any new degree programs; and

����� (e) Notifying each other and commenting on tuition rate changes.

����� (5) In order to further the coordination described by this section, Oregon Health and Science University officers shall maintain a role in the appropriate committees of the Higher Education Coordinating Commission. [1995 c.162 �12; 1999 c.291 �16; 2011 c.637 �259; 2013 c.768 �139; 2015 c.767 �166]

����� 353.445 Venture grant program. The Oregon Health and Science University Board of Directors shall adopt a policy that prescribes the requirements for a venture grant program and the requirements that a grant applicant must meet in order to receive grant moneys from the university venture development fund operated by Oregon Health and Science University, including requirements:

����� (1) That a grant recipient remain within this state for at least five years following the receipt of a grant or repay the grant plus interest;

����� (2) That the university report amounts of tax credit certificates issued by the university and cease issuing certificates until the total amount owed to the General Fund at any one time under ORS 350.550 (6) does not exceed $8.4 million and is allocated as provided in section 6, chapter 31, Oregon Laws 2016; and

����� (3) That the university maintain records of income realized by the university as the result of grants made from the fund and records of amounts paid to the General Fund. [2005 c.592 �3; 2007 c.586 �3; 2016 c.31 �4]

����� Note: 353.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 353 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 353.450 Area Health Education Center program; education and training for medical personnel in rural areas. (1) It is the finding of the Legislative Assembly that there is need to provide programs that will assist a rural community to recruit and retain physicians, physician associates and nurse practitioners. For that purpose:

����� (a) The Legislative Assembly supports the development at the Oregon Health and Science University of an Area Health Education Center program as provided for under the United States Public Health Service Act, Section 781.

����� (b) The university shall provide continuing education opportunities for persons licensed to practice medicine under ORS chapter 677 who practice in rural areas of this state in cooperation with the respective professional organizations, including the Oregon Medical Association and the Oregon Society of Physician Assistants.

����� (c) The university shall seek funding through grants and other means to implement and operate a fellowship program for physicians, physician associates and nurse practitioners intending to practice in rural areas.

����� (2) With the moneys transferred to the Area Health Education Center program by ORS 442.870, the program shall:

����� (a) Establish educational opportunities for emergency medical services providers in rural counties;

����� (b) Contract with educational facilities qualified to conduct emergency medical training programs using a curriculum approved by the Emergency Medical Services Program; and

����� (c) Review requests for training funds with input from the Emergency Medical Services Advisory Board and other individuals with expertise in emergency medical services. [Formerly 352.095; 1999 c.1056 �8; 2011 c.703 �33; 2024 c.32 �25; 2024 c.73 �53]

����� 353.455 Family medicine residency network. (1) The Area Health Education Center program created in ORS 353.450 is encouraged to create a family medicine residency network that:

����� (a) Facilitates an increase in the number of family medicine residency positions in this state in order to train more highly qualified family physicians who are likely to practice in this state.

����� (b) Supports and assists hospital systems in this state to work collaboratively with existing family medicine residency programs to develop new family medicine residency programs throughout this state.

����� (c) Helps family medicine residency programs in this state share resources through the creation of standardized curriculum, a common faculty development center, initiation of physician training in quality improvement, medical home development, chronic disease management, interprofessional team-based care and population care management, facilitation of primary care research projects through joint regulatory monitoring and other support and provision of grant writing resources for outside funding.

����� (2) The Area Health Education Center program may accept gifts, grants or contributions from any public or private source for the purpose of carrying out this section. [2011 c.289 �1]

����� Note: 353.455 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 353 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 353.460 Oregon Institute of Occupational Health Sciences. (1) There is created the Oregon Institute of Occupational Health Sciences. The Oregon Health and Science University shall administer the institute.

����� (2) The purposes of the institute may include, but are not limited to, reducing the incidence of disease and reducing the costs and dangers to employers and employees associated with occupational disease. Specific functions of the institute may include:

����� (a) Basic and applied research into the incidence and causes of occupational diseases.

����� (b) Epidemiology and other data collection.

����� (c) Design of programs for clinical management of occupational diseases.

����� (d) Education and training programs.

����� (3) Although the output of the institute�s programs is intended to be of statewide use for employers, employees, health professionals and the public concerning occupational disease, it is not intended that the institute shall assume any of the responsibilities or functions of the physical rehabilitation facility operated by the Director of the Department of Consumer and Business Services. The institute may offer programs of diagnosis and treatment of occupational disease, but it is expected that such services shall be compensable under ORS chapter 656. [Formerly 352.073; 2013 c.111 �1]

����� 353.470 Funding of institute. The Oregon Institute of Occupational Health Sciences shall operate, on an ongoing basis, from funds provided by the Department of Consumer and Business Services, in addition to any gifts, grants or donations made to carry out the activities of the institute. Oregon Health and Science University is not expected to provide funds for operation of the institute from any other sources of funds for operation of the university. [Formerly 352.083; 1999 c.291 �20; 2013 c.111 �2]

����� 353.480 Pediatric dental residency program. Subject to the availability of funding, the Oregon Health and Science University shall establish the pediatric dental residency program only to the extent that funds are appropriated to the Oregon Department of Administrative Services for the Oregon Health and Science University public corporation to establish the program under section 1, chapter 1083, Oregon Laws 1999. [1999 c.1083 �2]

����� Note: 353.480 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 353 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 353.485 Oregon Psychiatric Access Line program. (1) There is established the Oregon Psychiatric Access Line program in the Oregon Health and Science University.

����� (2) The Oregon Psychiatric Access Line program shall provide telephone or electronic real-time psychiatric consultations, from 9 a.m. to 5 p.m. on all business days, to primary care providers who care for patients with mental health disorders.

����� (3) Psychiatrists providing advice to primary care providers through the Oregon Psychiatric Access Line program regarding prescription drug treatment options shall be informed by any applicable guidelines:

����� (a) In the Practitioner-Managed Prescription Drug Plan adopted by the Oregon Health Authority under ORS 414.334; or

����� (b) Recommended by the Pharmacy and Therapeutics Committee established by ORS 414.353. [2019 c.87 �1]

����� Note: 353.485 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 353 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

OREGON OPPORTUNITY PROGRAM

����� 353.550 Definitions for ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001. As used in ORS 353.550 to 353.559 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001:

����� (1) �Bond-related costs� means:

����� (a) The costs and expenses of issuing, administering and maintaining bonds issued under ORS

ORS 352.703

352.703 in 2015]

����� 352.218 Affirmative action plan; interview of qualified minority applicants; affirmative defense. (1) As used in this section, �minority� means:

����� (a) A person having origins in any of the black racial groups of Africa but who is not Hispanic;

����� (b) A person of Hispanic culture or origin;

����� (c) A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; or

����� (d) An American Indian or Alaska Native having origins in any of the original peoples of North America.

����� (2) Each public university listed in ORS 352.002 shall:

����� (a) Consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of:

����� (A) Reductions in revenue that necessitate discontinuance of the public university�s educational program at its anticipated level;

����� (B) Elimination of classes due to decreased student enrollment; or

����� (C) Reduction in courses due to administrative decisions.

����� (b) Interview one or more qualified minority applicants when hiring a head coach or athletic director, unless the public university was unable to identify a qualified minority applicant who was willing to interview for the position. It is an affirmative defense to a claim of a violation of this paragraph that the public university, in good faith, was unable to identify a qualified minority applicant who was willing to interview for the position. [Formerly 352.380; 2019 c.190 �2; 2021 c.97 �37]

����� 352.220 [Repealed by 1955 c.12 �5]

����� 352.221 [2001 c.818 �2; 2009 c.762 �80; 2015 c.767 �152; renumbered 352.745 in 2015]

����� 352.223 [2005 c.548 �1; 2009 c.762 �81; 2011 c.637 �243; 2011 c.703 �32; 2015 c.767 �153; renumbered 352.752 in 2015]

����� 352.226 Personnel records; standards; exemptions. (1) A governing board as defined in ORS 352.029 may, for the public university under its control, adopt standards and specific orders by or through the president of each public university governing access to personnel records of the public university or office, department or activity that are less than 25 years old.

����� (2) Standards adopted under subsection (1) of this section shall require that personnel records be subjected to restrictions on access unless upon a finding by the president of the public university that the public interest in maintaining individual rights to privacy in an adequate educational environment would not suffer by disclosure of such records. Access to such records may be limited to designated classes of information or persons, or to stated times and conditions, or to both, but cannot be limited for records more than 25 years old.

����� (3) A standard or order promulgated pursuant to this section may not deny to a faculty member full access to the member�s personnel file or records kept by the public university, except as provided in subsections (7) and (8) of this section.

����� (4) The number of files relating to the evaluation of a faculty member is limited to three, to be kept in designated, available locations.

����� (5) Any evaluation received by telephone must be documented in each of the faculty member�s files by means of a written summary of the conversation with the names of the conversants identified.

����� (6) A faculty member is entitled to submit, for placement in the three files, evidence rebutting, correcting, amplifying or explaining any document contained therein and other material that the member believes might be of assistance in the evaluation process.

����� (7) Letters and other information submitted in confidence to the State Board of Higher Education or its public universities, offices, departments or activities prior to July 1, 1975, shall be maintained in the files designated by the governing board of the public university currently employing the faculty member. However, if a faculty member requests access to those files, the anonymity of the contributor of letters and other information obtained prior to July 1, 1975, shall be protected. The full text shall be made available except that portions of the text that would serve to identify the contributor shall be excised by a faculty committee. Only the names of the contributors and the excised portions of the documents may be kept in a file other than the three prescribed by subsection (4) of this section.

����� (8)(a) Confidential letters and other information submitted to or solicited after July 1, 1975, by the State Board of Higher Education or its public universities, offices, departments or activities prior to the employment of a prospective faculty member are exempt from the provisions of this section. However, if the member is currently employed by a public university or its offices, departments or activities, the confidential preemployment materials shall be placed in the three authorized files. If a faculty member requests access to the member�s files, the anonymity of the contributor of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available, except that portions of the text that would serve to identify the contributor shall be excised and retained in a file other than the three designated in subsection (4) of this section.

����� (b) Confidential letters and other information submitted to or solicited by a public university listed in ORS 352.002 after the date that the university obtained a governing board, and prior to the employment of a prospective faculty member are exempt from the provisions of this section. However, if the member is employed by the university, the confidential preemployment materials shall be placed in the three authorized files. If a faculty member requests access to the member�s files, the anonymity of the contributor of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available, except that portions of the text that would serve to identify the contributor shall be excised and retained in a file other than the three designated in subsection (4) of this section.

����� (9) Classroom survey evaluation by students of a faculty member�s classroom or laboratory performance shall be anonymous. The record of tabulated reports shall be placed in at least one of the files designated in subsection (4) of this section. All survey instruments used to obtain evaluation data shall be returned to the faculty member.

����� (10) A public university listed in ORS 352.002 and, after July 1, 1975, but before the date on which the public university obtained a governing board, the State Board of Higher Education and its public universities, offices, departments or activities, when evaluating its employed faculty members, may not solicit or accept letters, documents or other materials, given orally or in written form, from individuals or groups who wish their identity kept anonymous or the information they provide kept confidential.

����� (11) A standard or order promulgated pursuant to this section does not limit the authority of a public university to prepare, without identification of individual persons who have not consented thereto, statistical or demographic reports from personnel records.

����� (12) Any category of personnel records specifically designated as confidential pursuant to valid standards or orders pursuant to this section is not a public record for the purposes of ORS 192.314.

����� (13) As used in this section, �personnel records� means records containing information kept by the public university, office, department or activity concerning a faculty member and furnished by the faculty member or by others about the faculty member at the request of the faculty member or the public university, office, department or activity, including, but not limited to, information concerning discipline, membership activity, employment performance or other personal records of individual persons. [Formerly 351.065; 2017 c.440 �26]

����� 352.227 Requirements of graduate students employed by public university; contact information. (1) Each public university listed in ORS 352.002 shall develop a form for graduate students enrolled at the public university who wish to be employed by the public university that:

����� (a) Requires the graduate student to provide the contact information described in ORS 243.804 (4)(a)(B); and

����� (b) Waives any privacy rights to, and authorizes the public university to disclose, the information described in paragraph (a) of this subsection.

����� (2) As a condition of employment, any graduate student who is employed by a public university must:

����� (a) Provide the contact information described in subsection (1)(a) of this section; and

����� (b) Sign the consent described in subsection (1)(b) of this section to authorize the public university to release the contact information that is part of the employment record. [2022 c.81 �4]

����� 352.230 [Amended by 1953 c.362 �1; 1961 c.54 �1; 1987 c.246 �6; 2015 c.767 �154; renumbered 352.801 in 2015]

����� 352.232 Sources of compensation for officers and employees; potential conflict of interest; reporting; standards. (1) The governing board of a public university listed in ORS 352.002 may authorize receipt of compensation for any officer or employee from private or public resources, including, but not limited to, income from:

����� (a) Consulting;

����� (b) Appearances and speeches;

����� (c) Intellectual property conceived, reduced to practice or originated and therefore owned within the public university;

����� (d) Providing services or other valuable consideration for a private corporation, individual, or entity, whether paid in cash or in-kind, stock or other equity interest, or anything of value regardless of whether there is a licensing agreement between the public university and the private entity; and

����� (e) Performing public duties paid by private organizations, including institution corporate affiliates, that augments an officer�s or employee�s publicly funded salary. Such income shall be authorized and received in accordance with policies and standards established by each governing board.

����� (2) Each governing board may not authorize compensation, as described in subsection (1) of this section, that, in the governing board�s judgment, does not comport with the mission of the public university or substantially interferes with an officer�s or employee�s duties to the university.

����� (3) Any compensation described and authorized under subsection (1) of this section is considered official compensation or reimbursement of expenses for purposes of ORS 244.040 and is not considered an honorarium prohibited by ORS 244.042. If authorization or receipt of the compensation creates a potential conflict of interest, the officer or employee shall report the potential conflict in writing in accordance with standards of the governing board. The disclosure is a public record subject to public inspection.

����� (4) Compensation described and authorized under subsection (1) of this section that is not paid by the public university employing the officer or employee is not salary for purposes of ORS chapter 238 or 238A.

����� (5) Each governing board shall adopt standards governing employee outside employment and activities, including potential conflict of interest, as defined by standards of the governing board and consistent with ORS 244.020, and the public disclosure thereof, and procedures for reporting and hearing potential or actual conflict of interest complaints. [Formerly 351.067; 2018 c.54 �2]

����� 352.237 Provision of group insurance for employees; expense reimbursement plan; deferred compensation plan. (1) The governing board of each public university listed in ORS 352.002 shall provide group insurance to employees of the university through the Public Employees� Benefit Board or may elect to provide an alternative group health and welfare insurance benefit plan to employees of the university on or after October 1, 2016, if the benefit plan is offered through the health insurance exchange under ORS 741.310, unless their participation is precluded by federal law.

����� (2) For the purposes of ORS 243.555 to 243.575, if the governing board of a public university listed in ORS 352.002 chooses not to participate in the benefit plans offered through the Public Employees� Benefit Board, the governing board may have the authority granted to the Public Employees� Benefit Board under ORS

ORS 357.241

357.241. The statement also shall specify whether, in filling each position on the board, an elector of the district may sign a petition of nomination or vote for a candidate from any zone or only for a candidate from the zone in which the elector resides.

����� (B) Shall include a general description of the proposed boundaries of the zones, using streets and other generally recognized features.

����� (c) The order calling the election shall contain a map of the proposed zone boundaries and a metes and bounds or legal description of the proposed zone boundaries. The map and description shall be prepared by the county surveyor or county assessor and shall reflect any adjustment made in the boundaries under subsection (6) of this section.

����� (4) The map to be contained in the petition under subsection (3) of this section shall be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk shall not accept the prospective petition for filing until the chief petitioners have paid the amount due.

����� (5) Subsection (3) of this section does not apply if the question proposes abolition of all zones.

����� (6) Before submitting to election a question to which subsection (3) of this section applies, the district board shall adjust the proposed boundaries of the zones to make them as nearly equal in population as feasible according to the latest federal census. The district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries.

����� (7) If the electors of the district approve the establishment of zones or a change in the number of existing zones, board members shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by zone shall be filled by electors who reside within zones which are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member shall be decided by lot. [1981 c.226 �7; 1983 c.350 �221; 1995 c.79 �196; 1995 c.534 �16]

����� 357.250 [Repealed by 1975 c.476 �34 and 1975 c.614 �9a]

����� 357.251 Zone boundaries. The board shall adjust the boundaries of zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The district board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. [1981 c.226 �8; 1983 c.350 �222]

����� 357.253 Boundary change to be filed with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 �18]

����� 357.256 Board as district governing body; selection of president. (1) The district board shall be the governing body of the district and shall exercise all powers thereof.

����� (2) At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president. [1981 c.226 �9]

����� 357.260 [Repealed by 1975 c.476 �34]

����� 357.261 District powers. A library district has the power:

����� (1) To have and use a common seal.

����� (2) To sue and be sued in its name.

����� (3) To make and accept any and all contracts, deeds, leases, releases and documents of any kind which, in the judgment of the board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims or demands.

����� (4) To assess, levy and collect taxes to pay the cost of acquiring sites for and constructing, reconstructing, altering, operating and maintaining a library or any lawful claims against the district, and the operating expenses of the district.

����� (5) To employ all necessary agents and assistants.

����� (6) To call elections after the formation of the district.

����� (7) To enlarge the boundaries of the district as provided by ORS 198.705 to 198.955.

����� (8) Generally to do and perform any and all acts necessary and proper to the complete exercise and effect of any of its powers or the purposes for which it was formed.

����� (9) Whenever authorized by the electors, to issue general obligation bonds of the district. However, the aggregate amount of general obligation bonds issued and outstanding at any one time shall not exceed two and one-half percent of the real market value of all taxable property of the district, computed in accordance with ORS 308.207.

����� (10) To exercise those powers granted to local government units for public libraries under ORS

ORS 358.456

358.456. The statement also shall specify whether, in filling each position on the board, an elector of the district may sign a petition of nomination or vote for a candidate from any zone or only for a candidate from the zone in which the elector resides.

����� (B) Shall include a general description of the proposed boundaries of the zones, using streets and other generally recognized features.

����� (c) The order calling the election shall contain a map of the proposed zone boundaries and a metes and bounds or legal description of the proposed zone boundaries. The map and description shall be prepared by the county surveyor or county assessor and shall reflect any adjustment made in the boundaries under subsection (6) of this section.

����� (4) The map to be contained in the petition under subsection (3) of this section shall be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk may not accept the prospective petition for filing until the chief petitioners have paid the amount due.

����� (5) Subsection (3) of this section does not apply if the question proposes abolition of all zones.

����� (6) Before submitting to election a question to which subsection (3) of this section applies, the district board shall adjust the proposed boundaries of the zones to make them as nearly equal in population as feasible according to the latest federal census. The district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries.

����� (7) If the electors of the district approve the establishment of zones or a change in the number of existing zones, board members shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by zone shall be filled by electors who reside within zones that are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member shall be decided by lot. [Formerly 198.981]

����� 358.460 Population within boundaries of zones in heritage districts. The board of a heritage district shall adjust the boundaries of zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The district board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. [Formerly 198.982]

����� 358.462 Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change of a zone established within a heritage district must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [Formerly 198.983]

����� 358.464 Duties of heritage district board. (1) The board of a heritage district shall be the governing body of the district and shall exercise all powers thereof.

����� (2) At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president. [Formerly 198.984]

����� 358.466 Powers of heritage district board. The board of a heritage district has the power:

����� (1) To have and use a common seal.

����� (2) To sue and be sued in its name.

����� (3) To make and accept any and all contracts, deeds, leases, releases and documents of any kind that, in the judgment of the board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims or demands.

����� (4) To assess, levy and collect taxes to pay the costs of:

����� (a) Acquiring, constructing, reconstructing, altering, operating and maintaining heritage sites and structures;

����� (b) Acquiring by gift, purchase or other means, and preserving, historical objects, real and personal property of historical interest and records, artifacts, photographs, documents, material and data of historical importance;

����� (c) Establishing and maintaining programs for heritage societies within the district;

����� (d) Handling any lawful claims against the district; and

����� (e) Funding the operating expenses of the district.

����� (5) To employ all necessary agents and assistants.

����� (6) To call elections after the formation of the district.

����� (7) To enlarge the boundaries of the district as provided by ORS 198.705 to 198.955.

����� (8) Generally to do and perform any and all acts necessary and proper to the complete exercise and effect of any of the board�s powers or the purposes for which the district was formed.

����� (9) Whenever authorized by the electors, to issue general obligation bonds of the district. However, the aggregate amount of general obligation bonds issued and outstanding at any one time may not exceed two and one-half percent of the real market value of all taxable property of the district, computed in accordance with ORS 308.207. [Formerly 198.985]

����� 358.468 [Formerly 198.986; repealed by 2023 c.173 �1]

����� 358.470 Sinking fund for acquisition of historic real property and restoration of historic buildings or facilities. The board of a heritage district, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring historic real property and for restoration of historic buildings or facilities. A sinking fund may be created through the inclusion annually within the tax budget of the district of items representing the yearly installments to be credited to the fund. The amount of these items shall be collected and credited to the proper fund in the same manner in which taxes levied or revenues derived for other purposes for the district are collected and credited. None of the moneys in sinking funds shall be diverted or transferred to other funds, but if unexpended balances remain after disbursement of the funds for the purpose for which they were created, such balances, upon approval by resolution of the board, shall be transferred to the operation and maintenance fund of the district. [Formerly 198.987]

����� 358.472 Legal counsel for heritage district. The board of a heritage district may call upon the attorney for the heritage district for advice as to any district business. The attorney for the heritage district shall give advice when called on for advice by the board. The board may at any time employ special counsel for any purpose. [Formerly 198.988]

����� 358.474 Employees� retirement system. A heritage district may establish an employees� retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. [Formerly

ORS 366.183

366.183]

����� 390.153 Parks Donation Trust Fund; sources; uses. (1) The Parks Donation Trust Fund is established as a fund in the State Treasury. All gifts or donations of money received by the State Parks and Recreation Department shall be deposited with the State Treasurer and credited by the treasurer to the fund. The treasurer may establish subaccounts in the fund established in this section if the treasurer determines that the terms of a gift or donation require a separate subaccount. Any interest or other income derived from the depositing or other investing of the fund shall be credited monthly to the fund except that interest or other income attributable to a subaccount shall be credited to that subaccount.

����� (2) Moneys in the Parks Donation Trust Fund and in any subaccount of the fund are continuously appropriated to the State Parks and Recreation Department for the purposes specified in the gift or donation or, if no specific purpose is specified, for park and recreation purposes determined by the State Parks and Recreation Commission. [1987 c.181 �1; 1989 c.904 �12]

����� 390.155 Authority for State Parks and Recreation Department to accept gifts or donations. The State Parks and Recreation Department may accept gifts or donations of moneys or property to be used for specific or general park and recreational purposes. Subject to the terms specified in a gift or donation, the State Parks and Recreation Commission may authorize use of gifts or donations in a manner that, in the commission�s judgment, best carries out the intent of the gift or donation. [1987 c.181 �2]

����� 390.160 [Formerly 366.350; 1977 c.556 �1; 1979 c.134 �2; 1979 c.186 �20; 1987 c.358 �1; 1989 c.550 �4; repealed by 1989 c.904 �48]

����� 390.170 [Formerly 366.545; repealed by 1975 c.184 �1]

����� 390.180 Standards for recreational planning and fund disbursement; rules; park master plans. (1) The State Parks and Recreation Director shall adopt rules that:

����� (a) Establish the standards the State Parks and Recreation Department shall use when that department:

����� (A) Performs comprehensive statewide recreational planning; or

����� (B) Disburses any moneys to tribal, regional or local governments or other state agencies under programs established under state or federal law.

����� (b) Establish a process for the development of a master plan for each state park, including public participation and coordination with affected local governments.

����� (c) Establish a master plan for each state park, including an assessment of resources and a determination of the capacity for public use and enjoyment of each park, that the State Parks and Recreation Department shall follow in its development and use of each park.

����� (d) Make state funding assistance available to tribal, regional or local governments that demonstrate cooperation with nonprofit veterans� organizations for the construction and restoration of memorials honoring veterans and war memorials located on public property.

����� (2) The State Parks and Recreation Director shall submit an adopted state park master plan to the local government with land use planning responsibility for the subject park. [1979 c.637 �1; 1987 c.158 �67; 1997 c.604 �1; 2005 c.398 �1; 2011 c.643 �6; 2017 c.121 �1]

����� 390.182 Statewide accessibility design standards for recreation projects. (1) The State Parks and Recreation Department shall establish statewide recommended standards for the design of recreation projects, including trails, docks and public recreation access points, to ensure that state recreation areas are accessible to members of the public of all mobility levels.

����� (2) The department shall apply the statewide recommended standards to all future department recreation projects. [2021 c.613 �4]

����� Note: 390.182 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 390.190 Revolving fund. (1) A revolving fund not to exceed the aggregate amount of $100,000 may be established within the State Parks and Recreation Department Fund by a warrant drawn on any funds, other than General Fund, appropriated to or authorized for expenditure by the State Parks and Recreation Department.

����� (2) The fund shall be at the disposal of the State Parks and Recreation Department and may be used by the department:

����� (a) To compensate employees for salaries, travel expenses, relocation expenses and other work-related expenditures; and

����� (b) To pay for services, supplies and materials not to exceed $300 for any transaction.

����� (3) All vouchers for claims paid from the revolving fund shall be approved by the State Parks and Recreation Director. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund. [1983 c.443 �7; 1989 c.904 �14]

����� 390.195 Use of state correctional institution adult in custody labor for maintenance and improvement at state parks. (1) The State Parks and Recreation Department shall use state correctional institution adult in custody labor to improve, maintain and repair buildings and property at state parks and recreation areas whenever feasible. The provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to the use of state correctional institution adult in custody labor under this section.

����� (2) The State Parks and Recreation Director shall assign and supervise the work of the state adults in custody who are performing the work described in subsection (1) of this section.

����� (3) Nothing in this section is intended to exempt the State Parks and Recreation Department from the provisions of ORS 279.835 to 279.855 for any purpose other than the use of state correctional institution adult in custody labor. [1997 c.533 �1; 1999 c.59 �104; 2003 c.794 �270; 2019 c.213 �61]

����� Note: 390.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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

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

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

����� (c) Is a licensee of the department or is applying for a license, or renewal of a license, that is issued by the department; and

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

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

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

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

����� (d) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions, for sales or distribution of tickets or other instruments that can be exchanged for goods, services or access to events on department property or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

����� (e) In which the person has responsibility for auditing agency financial transactions;

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

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

����� (h) In which the person provides security, design or construction services for government buildings, grounds or facilities;

����� (i) In which the person may issue citations under ORS 390.050; or

����� (j) In which a person has key access to buildings and grounds that contain private property belonging or entrusted to exhibitors, promoters, licensees or event coordinators. [2005 c.730 �55; 2009 c.542 �1]

����� Note: 390.200 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 390.210 [Formerly 366.355; 1971 c.741 �37; 1987 c.158 �68; repealed by 1989 c.904 �48]

����� 390.215 [1979 c.792 �2; 1987 c.158 �69; repealed by 1989 c.904 �48]

����� 390.220 [Formerly 358.520; repealed by 1989 c.904 �48]

����� 390.230 Fort Stevens Military Reservation; Clatsop Spit. (1) The right, title and interest of all state agencies, other than the State Fish and Wildlife Commission and political subdivisions, in the lands described in subsection (2) of this section are hereby vested in the State or Oregon by and through its State Parks and Recreation Department.

����� (2) All of the lands, together with the accretions thereto lying westerly of the east line of section 7, township 8 north, range 10 west, Willamette Meridian, Clatsop County, State of Oregon, extending northerly to the main channel of the Columbia River as it existed on May 19, 1967; bounded on the south by the south line of said section 7 extended westerly to the low water of the Pacific Ocean; and bounded on the north by the main channel of said Columbia River extended downstream to the Pacific Ocean. [1967 c.288 ��1,2]

����� 390.231 Development of Crissey Field as state park. Consistent with ORS 390.010 and 390.180, the State Parks and Recreation Department shall develop a plan to make Crissey Field in Brookings a state park. The department may jointly develop the park with the State of California. [1999 c.562 �1]

����� Note: 390.231 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 390.232 Tax on government camping and recreational vehicle spaces. (1) If a local government, as defined by ORS 174.116, imposes a tax on the rental of privately owned camping or recreational vehicle spaces, the local government shall also impose that tax on the rental of camping or recreational vehicle spaces that are owned by the state or a local government.

����� (2) Notwithstanding any timeline imposed by a local government for remitting tax receipts, a tax collected by the state or a local government pursuant to this section may be held by the collecting agency until the amount of money held by the agency equals or exceeds $100. Once the amount held by the collecting agency equals or exceeds $100, the agency shall remit the tax collected at the next following reporting period established by the local government for payment of the tax. A local government may not assess any penalty or interest against the state or a local government that withholds payments pursuant to this subsection. [1993 c.819 �1; 2005 c.610 �1]

����� Note: 390.232 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 390.233 [2017 c.678 �2; 2021 c.613 �11; renumbered 390.241 in 2021]

����� 390.234 [2017 c.678 �3; renumbered 390.242 in 2021]

(Archaeological Sites and Historical Material)

����� 390.235 Permits and conditions for excavation or removal of archaeological or historical material; rules; criminal penalty. (1)(a) A person may not excavate or alter an archaeological site on public lands, make an exploratory excavation on public lands to determine the presence of an archaeological site or remove from public lands any material of an archaeological, historical, prehistorical or anthropological nature without first obtaining a permit issued by the State Parks and Recreation Department.

����� (b) If a person who obtains a permit under this section intends to curate or arrange for alternate curation of an archaeological object that is uncovered during an archaeological investigation, the person must submit evidence to the State Historic Preservation Officer that the Oregon State Museum of Anthropology and the appropriate Indian tribe have approved the applicant�s curatorial facilities.

����� (c) No permit shall be effective without the approval of the state agency or local governing body charged with management of the public land on which the excavation is to be made, and without the approval of the appropriate Indian tribe.

����� (d) The State Parks and Recreation Director, with the advice of the Oregon Indian tribes and Executive Officer of the Commission on Indian Services, shall adopt rules governing the issuance of permits.

����� (e) Disputes under paragraphs (b) and (c) of this subsection shall be resolved in accordance with ORS 390.240.

����� (f) Before issuing a permit, the State Parks and Recreation Director shall consult with:

����� (A) The landowning or land managing agency; and

����� (B) If the archaeological site in question is associated with a prehistoric or historic native Indian culture:

����� (i) The Commission on Indian Services; and

����� (ii) The most appropriate Indian tribe.

����� (2) The State Parks and Recreation Department may issue a permit under subsection (1) of this section under the following circumstances:

����� (a) To a person conducting an excavation, examination or gathering of such material for the benefit of a recognized scientific or educational institution with a view to promoting the knowledge of archaeology or anthropology;

����� (b) To a qualified archaeologist to salvage such material from unavoidable destruction; or

����� (c) To a qualified archaeologist sponsored by a recognized institution of higher learning, private firm or an Indian tribe as defined in ORS 97.740.

����� (3) Any archaeological materials, with the exception of Indian human remains, funerary objects, sacred objects and objects of cultural patrimony, recovered by a person granted a permit under subsection (2) of this section shall be under the stewardship of the State of Oregon to be curated by the Oregon State Museum of Anthropology unless:

����� (a) The Oregon State Museum of Anthropology with the approval from the appropriate Indian tribe approves the alternate curatorial facilities selected by the permittee;

����� (b) The materials are made available for nondestructive research by scholars; and

����� (c)(A) The material is retained by a recognized scientific, educational or Indian tribal institution for whose benefit a permit was issued under subsection (2)(a) of this section;

����� (B) The governing board of a public university listed in ORS 352.002, with the concurrence of the appropriate Indian tribe, grants approval for material to be curated by an educational facility other than the institution that collected the material pursuant to a permit issued under subsection (2)(a) of this section; or

����� (C) The sponsoring institution or firm under subsection (2)(c) of this section furnishes the Oregon State Museum of Anthropology with a complete catalog of the material within six months after the material is collected.

����� (4) The Oregon State Museum of Anthropology shall have the authority to transfer permanent possessory rights in subject material to an appropriate Indian tribe.

����� (5) Except for sites containing human remains, funerary objects and objects of cultural patrimony as defined in ORS 358.905, or objects associated with a prehistoric Indian tribal culture, the permit required by subsection (1) of this section or by ORS 358.920 shall not be required for forestry operations on private lands for which notice has been filed with the State Forester under ORS 527.670.

����� (6) As used in this section:

����� (a) �Private firm� means any legal entity that:

����� (A) Has as a member of its staff a qualified archaeologist; or

����� (B) Contracts with a qualified archaeologist who acts as a consultant to the entity and provides the entity with archaeological expertise.

����� (b) �Qualified archaeologist� means a person who has the following qualifications:

����� (A) A post-graduate degree in archaeology, anthropology, history, classics or other germane discipline with a specialization in archaeology, or a documented equivalency of such a degree;

����� (B) Twelve weeks of supervised experience in basic archaeological field research, including both survey and excavation and four weeks of laboratory analysis or curating; and

����� (C) Has designed and executed an archaeological study, as evidenced by a Master of Arts or Master of Science thesis, or report equivalent in scope and quality, dealing with archaeological field research.

����� (7) Violation of the provisions of subsection (1)(a) of this section is a Class B misdemeanor. [Formerly

ORS 366.290

366.290 or 373.010. [1967 c.272 �1; 1975 c.587 �1; 1975 c.782 �51a]

����� 366.323 Studies to aid in relocating persons displaced by highway acquisition. When plans of the Department of Transportation projected for one year involve acquisition of properties in any city which will require removal of 25 or more dwelling units, businesses or institutions, the Department of Transportation shall make a study of the persons residing on or maintaining businesses or institutions on property scheduled for highway acquisition. Such studies shall be kept current until the premises required for highway acquisition are vacated. The department shall obtain such other information as it finds appropriate to aid in the relocation of persons displaced by the highway acquisition, and may extend its studies beyond city boundaries when the highway acquisition will involve dwellings, businesses or institutions within three miles of a city boundary. Such information shall be made available to the persons displaced and to other persons who may provide or assist in providing new locations. This section shall apply whether the highway acquisitions will be paid for in whole or in part from state funds either directly or by reimbursement. The Department of Transportation may contract with any governmental subdivision or agency, or with private concerns to make and maintain such studies, or may employ necessary assistants therefor. [1959 c.648 �1; 1963 c.187 �1]

����� 366.324 Financial assistance to persons displaced by highway acquisition; rules. (1) When federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation may match such federal funds to the extent provided by federal law and to provide such direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

����� (2) When federal funds are not available or used for payment of direct financial assistance to persons displaced by department acquisition of property, the department may provide direct financial assistance to such persons. Financial assistance authorized by this subsection shall not exceed the total amount that would have been payable under subsection (1) of this section if federal funds had been available or used. The department may adopt rules and regulations to carry out the provisions of this subsection. [1959 c.648 �2; 1963 c.187 �2; 1965 c.222 �1]

����� 366.325 Rights of way through cemeteries. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain, real property for right of way through a cemetery, except that the department has no authority to acquire any such real property by exercise of the power of eminent domain if within the area sought to be taken there are graves which would be disturbed by the location and construction of a highway. The department may acquire by purchase, agreement, donation or exercise of the power of eminent domain, real property contiguous to the cemetery, and may convey such real property to the cemetery association or the owners of the cemetery in exchange for the property sought to be acquired for right of way purposes, but such authority shall not be exercised unless and until the owners of the cemetery agree in writing to the exchange of lands.

����� 366.330 Acquisition of land adjoining right of way. The Department of Transportation may, when acquiring real property for right of way purposes, acquire additional real property adjoining the real property sought to be acquired for the particular public project if such additional and adjoining real property is needed for the purpose of moving and establishing thereon buildings or other structures then established on real property required for right of way purposes. The acquisition of the abutting, additional real property may be accomplished by purchase, agreement, donation or exercise of the power of eminent domain. Such real property can be acquired only in the event that the owner of the real property required for right of way purposes and on which there is then located buildings or other structures, has entered into a written agreement with the department providing for and consenting to the removal and reestablishment of the buildings or structures on the additional, abutting real property.

����� 366.332 Definitions for ORS 366.332 and 366.333. As used in this section and ORS 366.333:

����� (1) �Real property� includes any right, title or interest in real property.

����� (2) �Utility� means any corporation, including municipal or quasi-municipal corporation, company, individual, association of individuals, lessee, trustee or receiver, that owns, operates, manages or controls all or part of any plant or equipment in this state, whether or not such plant or equipment or part thereof is wholly within or outside any city, which plant or equipment is used, directly or indirectly:

����� (a) For the conveyance of telegraph or telephone messages, with or without wires;

����� (b) For the transportation of water, gas or petroleum products by pipelines;

����� (c) For the production, transmission, delivery or furnishing of heat, light, water, power, electricity or electrical impulses; or

����� (d) For the transmission and delivery of television pictures and sound by cables. [1965 c.382 �2]

����� 366.333 Acquisition of utility real property; exchange of land for right of way. (1) If real property upon which utility facilities are located is necessary for city street, public road or state highway location, relocation, construction, reconstruction, betterment or maintenance, and any portion of the real property is likewise required by the utility for the proper operation of its business, but the utility is willing to convey the real property to the state for city street, public road or state highway purposes in exchange for other real property within a reasonable distance, the state, through the Department of Transportation, may acquire by purchase, agreement or by the exercise of the power of eminent domain, other real property, except that of another utility, within a reasonable distance. After having acquired such real property, the state, through the department, may convey it to the utility in exchange for the real property required from the utility for city street, public road or state highway purposes. The difference in the value of the respective real properties shall be considered by the department in making the exchange.

����� (2) ORS 366.332 and this section do not vest in any utility any right, title or interest in any city street, public road, state highway or other public property. [1965 c.382 ��3,4]

����� 366.335 Acquisition of railroad right of way; exchange of land therefor. (1) Whenever in the location, relocation, construction or betterment of any highway within the state, it is deemed necessary to locate, relocate or construct the highway, or any part thereof, upon the right of way of any railroad company, the state, through the Department of Transportation, may negotiate and agree with the railroad company for the right to use or occupy the right of way, or so much thereof as is necessary for highway purposes.

����� (2) In case no satisfactory agreement can be effected, then the state, through the department, may acquire the right of way by exercise of the power of eminent domain, and for that purpose may commence and prosecute condemnation proceedings to acquire the right to the use and occupancy of sufficient of the railroad right of way for highway purposes.

����� (3) Nothing in subsection (2) of this section authorizes the use or occupancy of the railroad right of way which would interfere with the operation of the railroad or its necessary appurtenances, taking into consideration the use of the railroad right of way by the company for yards, terminals, station grounds and necessary additional trackage, or which would jeopardize the safety of the public.

����� (4) In the event that the right of way or property of any railroad company in the state required or needed for state highway location, relocation, construction or betterment, and any portion of the property or right of way is likewise needed and required by the railroad company for the proper operation of its trains and the usual and ordinary conduct of its business, but which property or land the railroad company is willing to deed to the state for highway purposes in exchange for a like amount of land within a reasonable distance, the state, through the department, may acquire by purchase, agreement or by exercise of the power of eminent domain, an equal amount of land or property within a reasonable distance. After having acquired such land or property, the state, through the department, may convey the same to the railroad company in exchange for the land or property needed and required from the railroad company for highway purposes. The difference in the value of the respective parcels of land shall be considered by the department in making the exchange. [Amended by 1965 c.383 �1; 1999 c.59 �100]

����� 366.337 Exchange of certain parcels of land authorized. The Department of Transportation, in the name of the State of Oregon, hereby is authorized to convey to any person, firm or corporation all or parts of the real properties described in section 1, chapter 21, Oregon Laws 1953, in exchange for other real properties in close proximity thereto which, in the judgment of the department, are of equal or superior useful value for public use. [1953 c.21 �2]

����� 366.340 Acquisition of real property generally. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, including any easement or right of access, deemed necessary for:

����� (1) Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and broadcasting stations.

����� (2) Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, connecting roads, frontage road, highway drainage and drainage tunnels.

����� (3) Maintenance of an unobstructed view of any state highway so as to provide for the safety of the traveling public.

����� (4) Any other use or purpose deemed necessary for carrying out the purposes of this Act.

����� (5) Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state highways. [Amended by 1953 c.252 �2]

����� 366.345 [Amended by 1957 c.392 �1; 1963 c.601 �2; renumbered 390.110]

����� 366.350 [Amended by 1959 c.611 �3; 1963 c.601 �3; renumbered 390.160]

����� 366.355 [Renumbered 390.210]

����� 366.360 Taking fee simple title. In all cases where title to real property is acquired by the Department of Transportation either by donation, agreement or exercise of the power of eminent domain, a title in fee simple may be taken.

����� 366.365 Going upon private property; rules. (1) The Department of Transportation may go upon private property in the manner provided by ORS 35.220 to determine the advisability or practicability of locating and constructing a highway over the property or the source, suitability or availability of road-building materials thereon.

����� (2)(a) The department may go upon private property in the manner provided by ORS 35.220 to inspect a tree that the department believes may potentially pose an immediate and substantial risk of damage or injury because the tree is obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

����� (b) If after inspecting the tree the department believes that the tree presents a potential risk as described in paragraph (a) of this subsection, the department may request that an arborist certified by the International Society of Arboriculture conduct a technical evaluation, as defined by the department by rule, of the tree.

����� (c) If the arborist determines after conducting a technical evaluation that the tree presents an immediate and substantial risk of damage or injury, the department may immediately cut down the tree.

����� (3) The department may go upon private property to cut down or remove trees located on the property without notifying the property owner if the department has determined that the trees create an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

����� (4) Within a reasonable amount of time after the department cuts down or removes trees in the manner provided by subsection (2) or (3) of this section, the department shall locate the property owner and notify the property owner of the department�s actions. The department may establish the process of notification by rule. [Amended by 1953 c.252 �2; 2003 c.477 �5; 2005 c.22 �259; 2009 c.130 �1; 2012 c.56 �3]

����� 366.366 Removal of trees. Notwithstanding any city, county or other local government charter or ordinance, the Department of Transportation may cut down or remove trees located within a state highway right of way without first obtaining a permit. [2012 c.56 �2]

����� 366.370 [Repealed by 1971 c.741 �38]

����� 366.375 [Repealed by 1971 c.741 �38]

����� 366.380 [Amended by 1957 c.656 �1; 1959 c.339 �1; 1967 c.479 �7; repealed by 1971 c.741 �38]

����� 366.385 [Repealed by 1967 c.479 �8]

����� 366.390 [Repealed by 1971 c.741 �38]

����� 366.392 [1953 c.621 �1; subsection (2) enacted as 1961 c.404 �1; 1967 c.454 �36; repealed by 1971 c.741 �38]

����� 366.393 [1953 c.621 �2; subsection (2) enacted as 1961 c.404 �2; repealed by 1971 c.741 �38]

����� 366.394 [1967 c.479 �10; repealed by 1971 c.741 �38]

����� 366.395 Disposition or leasing of property; sale of forest products. (1) The Department of Transportation may sell, lease, exchange or otherwise dispose or permit use of real or personal property, including equipment and materials acquired by the department, title to which real or other property may have been taken either in the name of the department, or in the name of the state, and which real or personal property is, in the opinion of the department, no longer needed, required or useful for department purposes, except that real property may be leased when, in the opinion of the department, such real property will not be needed, required or useful for department purposes during the leasing period. The department may exchange property as provided in subsection (3) of this section regardless of whether the property is needed by, required by or useful to the department if, in the judgment of the department, doing so will best serve the interests of the state.

����� (2) The department may sell, lease, exchange or otherwise dispose of such real or personal property in such manner as, in the judgment of the department, will best serve the interests of the state and will most adequately conserve highway funds or the department�s account or fund for the real or personal property. In the case of real property, interest in or title to the same may be conveyed by deed or other instrument executed in the name of the state, by and through the department. All funds or money derived from the sale or lease of any such property shall be paid by the department to the State Treasurer with instructions to the State Treasurer to credit such funds or moneys:

����� (a) To the highway fund; or

����� (b) To the department�s account or fund for the property. The State Treasurer shall credit the funds and moneys so received as the department shall direct.

����� (3) Property described in subsection (1) of this section may be exchanged for other property or for services. As used in this subsection, �services� includes, but is not limited to, public improvements as defined in ORS 279A.010.

����� (4)(a) Before offering forest products for sale the department shall cause the forest products to be appraised.

����� (b) If the appraised value of the forest products exceeds $50,000, the department may not sell them to a private person, firm or corporation except after a public auction to receive competitive bids. Prior to a public auction, the department shall give notice of the auction not less than once a week for three consecutive weeks by publication in one or more newspapers of general circulation in the county in which the forest products are located and by any other means of communication that the department deems advisable. The department shall provide the minimum bid price and a brief statement of the terms and conditions of the sale in the notice.

����� (c) Notice and competitive bidding under paragraph (b) of this subsection is not required if the Director of Transportation declares an emergency to exist that requires the immediate removal of the timber. If an emergency has been so declared:

����� (A) Then the timber, regardless of value, may be sold by a negotiated price; and

����� (B) The director shall make available for public inspection a written statement giving the reasons for declaring the emergency.

����� (5) The department�s account or fund for the forest product shall be credited with the proceeds of the sale. [Amended by 1953 c.252 �2; 1971 c.279 �1; 1983 c.26 �1; 1989 c.904 �60; 1993 c.741 �40; 2005 c.32 �1; 2012 c.56 �4]

����� 366.400 Execution of contracts. The Department of Transportation may enter into all contracts deemed necessary for the construction, maintenance, operation, improvement or betterment of highways or for the accomplishment of the purposes of this Act. All contracts executed by the department shall be made in the name of the state, by and through the department. [Amended by 1953 c.252 �2; 1975 c.771 �24]

����� 366.405 [Amended by 1953 c.252 �2; repealed by 1975 c.771 �33]

����� 366.410 [Repealed by 1975 c.771 �33]

����� 366.415 [Amended by 1967 c.454 �37; 1969 c.423 �2; repealed by 1975 c.771 �33]

����� 366.420 [Repealed by 1975 c.771 �33]

����� 366.425 Deposit of moneys for highway work. (1) Any county, city or road district of the state or any person, firm or corporation may deposit moneys in the State Treasury or may deposit with the Department of Transportation an irrevocable letter of credit approved by the department for laying out, surveying, locating, grading, surfacing, repairing or doing other work upon any public highway within the state under the direction of the department. When any money or a letter of credit is deposited with the department under this subsection, the department shall proceed with the proposed highway project.

����� (2) Money deposited under subsection (1) of this section shall be disbursed for the purpose for which it was deposited upon a voucher approved by the department and a warrant. [Amended by 1967 c.454 �38; 1979 c.365 �1]

����� 366.430 [Amended by 1953 c.252 �2; repealed by 1969 c.429 �6]

����� 366.435 Auditing and allowing claims. The Department of Transportation may allow all claims legally payable out of the highway fund. The department shall, if satisfied as to the correctness and validity of a claim, indorse approval thereon. When claims have been approved and indorsed by the fiscal officer of the department, they shall be filed with the fiscal officer of the department, who shall audit and pay the same out of the highway fund. [Amended by 1953 c.252 �2; 1967 c.454 �39]

����� 366.440 [Repealed by 2015 c.138 �11]

����� 366.445 Repair of damaged highways. The Department of Transportation may repair or cause to be repaired at once any state highway which has been damaged by slides, flood or other catastrophe so that the highway may be immediately reopened to traffic. To accomplish the reopening of the highway the department may, if it is deemed for the best interests of the state, proceed at once to remove the slide or to repair the damage with the department�s own forces, or with other available forces. The department may cause such work to be done by contract without calling for competitive bids.

����� 366.450 Road signs. The Department of Transportation may erect and maintain such directional road and other signs on the state highways at such places and of such material and design as it selects. [Amended by 1957 c.663 �1]

����� 366.455 Removing unlawful signs and structures. The Department of Transportation may take down and remove from the right of way of any state highway any sign or other structure or thing erected or maintained thereon contrary to law. When removing a sign or other structure or thing the department shall follow and comply with the legal or statutory procedure provided by law. [Amended by 2007 c.199 �23]

����� 366.460 Construction of sidewalks within highway right of way. The Department of Transportation may construct and maintain within the right of way of any state highway or section thereof sidewalks, footpaths, bicycle paths or trails for horseback riding or to facilitate the driving of livestock. Before the construction of any of such facilities the department must find and declare that the construction thereof is necessary in the public interest and will contribute to the safety of pedestrians, the motoring public or persons using the highway. Such facilities shall be constructed to permit reasonable ingress and egress to abutting property lawfully entitled to such rights.

����� 366.462 Construction of fences on freeway overpasses. (1) The Department of Transportation shall construct fences on all freeway overpasses that are built on and after November 4, 1993. The fences shall be designed to deter persons from throwing objects from the overpasses onto the freeways.

����� (2) The Department of Transportation shall construct fences on existing freeway overpasses that involve the greatest risk factors. [1993 c.510 ��1,2; 2001 c.104 �125; 2017 c.750 �133]

����� Note: 366.462 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 366.465 Gates and stock guards. The Department of Transportation may erect and maintain gates and stock or cattle guards in state highways at such points where the highways are crossed by drift or stock fences, where such highways intersect state or government-owned highways or other public highways and at other places in the state highways as the department may deem for the best interests of the public. The department may issue permits for the erection and maintenance of the same. Any gates constructed under this section must be constructed and maintained upon the right of way and not upon the traveled portion of the highway. If gates or stock guards are constructed under this section pursuant to a permit issued by the department, then the permit may contain such conditions, obligations and requirements as the department may deem for the best interests of the general public.

����� 366.470 Agreements with railroad companies for snow removal. (1) The Department of Transportation may enter into agreements with a railroad company for the removal of snow from highway and railroad whenever a state highway is in close proximity to a railroad track and by reason thereof and in order to remove from the highway snow and ice which has blocked or threatens to block the highway to traffic it becomes necessary to cast such snow and ice upon the railroad tracks, thereby impairing or interfering with train movement and tending to block train operations. The agreement may be made during or in anticipation of any such contingency, shall be in writing and shall fix the terms and conditions under which and the extent to and manner in which the state may, in removing the snow and ice from the highway, cast it upon the railroad tracks.

����� (2) The department may procure or cause to be executed by a corporation authorized to do such business in the state, a liability policy of insurance, an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, or an undertaking running in favor of the state, the department, the railroad company and their officers and such employees of such parties as the contracting parties may designate.

����� (3) The insurance, letter of credit or undertaking:

����� (a) Shall be acceptable to the contracting parties.

����� (b) Shall in any event indemnify, protect and hold harmless the railroad company, its officers and employees designated, the state, the department, its officers and employees designated, from all claims for damage occasioned by or in connection with the removal of snow from the highway and the casting of the snow upon the railroad tracks.

����� (c) May, if so provided, reimburse either or both of the contracting parties for loss, cost and expense incurred in connection with or resulting from such work.

����� (4) The department may pay out of the highway fund the premium for the insurance or for the fee for the letter of credit and the cost and expense incurred or sustained by the railroad company and the state incident to the snow removal. [Amended by 1953 c.252 �2; 1991 c.331 �58; 1997 c.631 �466]

����� 366.475 [Amended by 1979 c.104 �1; repealed by 1983 c.324 �59]

����� 366.480 Destruction of vouchers. The Department of Transportation may from time to time destroy copies of vouchers which have ceased to possess any record value or serve any purpose and which have been in the files and custody of the department for a period of at least 10 years.

����� 366.483 Transfer of jurisdiction of certain highways. (1) In accordance with ORS 374.329, the Department of Transportation shall transfer jurisdiction of the following state highways to the following cities:

����� (a) Pacific Highway West, State Highway 99, from the department to the City of Eugene. The department shall transfer the following two portions:

����� (A) The portion beginning where the highway intersects with the Beltline Highway and ending where the highway intersects with Washington Street, but excluding the bridge at milepost 121.42.

����� (B) The portion beginning where the highway intersects with Walnut Street and ending where the highway intersects with Interstate 5, but excluding the bridge at milepost 126.02.

����� (b) Springfield Highway, State Highway 228 to the City of Springfield.

����� (2) Notwithstanding section 71d (4), chapter 750, Oregon Laws 2017, the department shall use the funds described in section 71d, chapter 750, Oregon Laws 2017, for the transfer of Powell Boulevard to upgrade the portion of Southeast Powell Boulevard beginning where the highway intersects with Interstate 205 and ending where the highway intersects with the city limits. After the upgrades are completed, in accordance with ORS 374.329, the department shall transfer jurisdiction of the upgraded portion to the City of Portland. The department may upgrade and transfer portions of the highway in phases.

����� (3) In accordance with ORS 366.290:

����� (a) The department shall transfer jurisdiction of the portion of Territorial Highway, State Highway 200, that is located within Lane County from the department to the county. The department may transfer portions of the highway in phases. The department shall retain jurisdiction of bridges on Territorial Highway located at milepoints 4.59, 7.07, 17.92, 18.72, 18.98, 19.28 and 25.49. The department shall transfer the jurisdiction of the bridges after the bridges are replaced.

����� (b) The department shall transfer jurisdiction of the portion of the Springfield-Creswell Highway, State Highway 222, beginning where it intersects with Jasper-Lowell Road and ending where it intersects with Emerald Parkway to Lane County. The department shall retain jurisdiction of bridges on Springfield-Creswell Highway located at mileposts 5.20, 5.41, 5.64 and 13.36. The department shall transfer the jurisdiction of a bridge after the bridge is replaced.

����� (c) Lane County shall transfer jurisdiction of the portion of Delta Highway beginning where the highway intersects with Interstate 105 and ending where the highway intersects with the Randy Pape Beltline from the county to the department.

����� (d) Multnomah County and Washington County shall transfer jurisdiction of the portion of Cornelius Pass Road beginning where the highway intersects with U.S. Highway 30 and ending where the highway intersects with U.S. Highway 26 from the counties to the department. The counties may transfer portions of the highway in phases. [2017 c.750 �134; 2018 c.93 �35]

����� Note: 366.483 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 366.485 [Repealed by 1975 c.605 �33]

ROADSIDE REST AREAS

����� 366.486 Construction of roadside rest area facilities for persons with disabilities. When a new roadside rest area is established adjacent to or within the right of way of a state highway, or when rest room facilities are constructed in an existing roadside rest area adjacent to or within the right of way of a state highway, a separate rest room facility for persons with disabilities of both sexes shall be constructed. The facility shall meet all requirements of ORS 447.210 to 447.280. [1993 c.738 �1; 2007 c.70 �152]

����� Note: 366.486, 366.487 and 366.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 366.487 Use of roadside rest area rest rooms by persons with disabilities. (1) If a roadside rest area adjacent to or within the right of way of a state highway does not have a separate rest room facility for persons with disabilities of both sexes, a person with a disability and a person of the opposite sex who is accompanying a person with a disability for the purpose of assisting the person with a disability in using the rest room may enter any existing rest room. Prior to entering the rest room, the assisting person shall receive permission from anyone who is in the rest room.

����� (2) A sign shall be posted outside all rest room facilities subject to the provisions of subsection (1) of this section stating that attendants of the opposite sex may accompany or be accompanied by persons with disabilities into any rest room. The sign shall include appropriate graphics. [1993 c.738 �2; 2007 c.70 �153]

����� Note: See note under 366.486.

����� 366.490 Coffee and cookies at roadside rest areas; rules. (1) The Department of Transportation shall establish by rule a permit program allowing nonprofit organizations to provide free coffee or other nonalcoholic beverages and cookies at roadside rest areas managed by the department. Cookies offered under the program must come from a licensed facility. Rules adopted under this section may not restrict the program to any particular days of the year.

����� (2) An organization may apply for a permit to provide coffee, other beverages and cookies at a rest area managed by the department by submitting a written request to an employee of the department designated by the department. The request shall specify the day on which the organization wishes to offer the beverages and cookies and the specific rest area where they will be offered. The request shall be submitted not more than 60 days prior to the date requested.

����� (3) The department shall issue a permit to the selected organization not less than 30 days in advance of the date for which the permit is issued. If there is more than one request for the same date and the same place, the department shall select one organization by random drawing and shall issue the permit to that organization.

����� (4) The department may not issue more than one permit for the same time and place.

����� (5) An organization that receives a permit shall confine distribution of coffee, other beverages or cookies to an area of the rest area designated in the permit or by the rest area attendant. The organization may not obstruct access to any building or other structure in the rest area.

����� (6) An organization providing coffee, other beverages or cookies may receive donations.

����� (7) An organization may post signs identifying the organization and the activity, provided that each sign is not more than 10 square feet in area and there are not more than two signs. The signs may be placed only on vehicles used in connection with the provision of beverages and cookies or located in the area designated for the activity.

����� (8) The department may revoke the permit of any organization that fails to comply with the provisions of this section or with rules adopted by the department to implement the provisions.

����� (9) Rules adopted by the department under this section do not apply to roadside rest areas managed by the Travel Information Council pursuant to ORS 377.841. [1993 c.738 �3; 2005 c.256 �1; 2012 c.63 �9]

����� Note: See note under 366.486.

����� 366.493 Rules regarding health and safety. The Oregon Transportation Commission may adopt rules governing health and safety in roadside rest areas and scenic overlooks under the jurisdiction of the Department of Transportation. [2009 c.99 �2]

STATE HIGHWAY FUND

����� 366.505 Composition and use of highway fund. (1) The State Highway Fund shall consist of:

����� (a) All moneys and revenues derived under and by virtue of the sale of bonds, the sale of which is authorized by law and the proceeds thereof to be dedicated to highway purposes.

����� (b) All moneys and revenues accruing from the licensing of motor vehicles, operators and chauffeurs.

����� (c) Moneys and revenues derived from any tax levied upon gasoline, distillate, liberty fuel or other volatile and inflammable liquid fuels, except moneys and revenues described in ORS 184.642 (2)(a) that become part of the Department of Transportation Operating Fund.

����� (d) Moneys and revenues derived from the road usage charges imposed under ORS 319.885.

����� (e) Moneys and revenues derived from the use tax imposed under ORS 320.410.

����� (f) Moneys and revenues derived from or made available by the federal government for road construction, maintenance or betterment purposes.

����� (g) All moneys and revenues received from all other sources which by law are allocated or dedicated for highway purposes.

����� (2) The State Highway Fund shall be deemed and held as a trust fund, separate and distinct from the General Fund, and may be used only for the purposes authorized by law and is continually appropriated for such purposes.

����� (3) Moneys in the State Highway Fund may be invested as provided in ORS 293.701 to 293.857. All interest earnings on any of the funds designated in subsection (1) of this section shall be placed to the credit of the highway fund. [Amended by 1953 c.125 �5; 1989 c.966 �43; 2001 c.820 �5; 2009 c.821 �30a; 2013 c.781 �22; 2017 c.750 �116]

����� 366.506 Highway cost allocation study; purposes; design; report; use of report by Legislative Assembly. (1) Once every two years, the Oregon Department of Administrative Services shall conduct a highway cost allocation study. The purpose of the study is to determine:

����� (a) The proportionate share that the users of each class of vehicle should pay for the costs of maintenance, operation and improvement of the highways, roads and streets in the state; and

����� (b) Whether the users of each class are paying that share.

����� (2) Each study must include:

����� (a) An examination of the most recent study period for which actual data are available for the purpose of determining the accuracy of the most recently published study results; and

����� (b) An examination of the prospective study period based on projected data for the purpose described in subsection (1) of this section.

����� (3) The department may use any study design the department determines will best accomplish the purposes stated in subsection (1) of this section. In designing the study, the department may make decisions that include, but are not limited to, the methodology to be used for the study, what constitutes a class of vehicle for purposes of collection of data under subsections (1) to (5) of this section and the nature and scope of costs that will be included in the study.

����� (4) The department may appoint a study review team to participate in the study required by subsection (1) of this section. The team may perform any functions assigned by the department, including, but not limited to, consulting on the design of the study.

����� (5) A report on the results of the study shall be submitted to the legislative revenue committees and the Joint Committee on Transportation by January 31 of each odd-numbered year.

����� (6) The Legislative Assembly shall use the report described in subsection (5) of this section to determine whether adjustments to revenue sources described in Article IX, section 3a (3), of the Oregon Constitution, are needed in order to carry out the purposes of Article IX, section 3a (3), of the Oregon Constitution. If such adjustments are needed, the Legislative Assembly shall enact whatever measures are necessary to make the adjustments. [2003 c.755 ��1,2; 2023 c.545 �7]

����� Note: 366.506 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

����� Note: 366.506 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 366.507 Modernization program; funding; conditions and criteria. The Department of Transportation shall use an amount equal to the amount of moneys in the State Highway Fund that becomes available for its use from the increase in tax rates created by the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15, chapter 209, Oregon Laws 1985, and an amount equal to one-third of the amount of moneys in the State Highway Fund that becomes available for its use from any increase in tax rates created by the amendments to ORS

ORS 366.705

366.705]

����� 366.558 Contracting with and submitting programs to federal government. The Department of Transportation may enter into all contracts and agreements with the federal government relating to the survey, construction, improvement and maintenance of roads and highways, including county roads and city streets, submit such scheme or program of construction, improvement or maintenance as may be required by the federal government, and do all other things necessary fully to carry out the cooperation contemplated and provided for by the Acts of Congress mentioned in ORS 366.556. [Formerly 366.710]

����� 366.560 Pledge of state to match federal funds. For the construction or improvement and maintenance of rural post roads or such other roads, highways and streets as may be eligible for federal aid funds, the good faith of the state is pledged to make available funds which alone, or combined with funds made or to be made available by counties and cities, will be sufficient to match funds made available to the State of Oregon by the federal government for highway, road or street purposes. For the purpose of evidencing such good faith the Department of Transportation, in the name of the state, is authorized to enter into any and all agreements with the federal government. [Formerly 366.715]

����� 366.562 Use of highway fund to match federal moneys. The Department of Transportation may use, allocate or in any manner employ for the purpose of matching any sum of money made available to the state by the federal government for road or highway purposes any moneys credited to the highway fund, regardless of the source from which such moneys may have been derived. [Formerly 366.720]

����� 366.564 Borrowing to match federal moneys. For the purpose of providing funds to match funds made available to the state by the federal government for highway purposes and for the matching of which federal funds there are no highway funds immediately available, the Department of Transportation may borrow money as provided in ORS 367.105. [Formerly

ORS 366.725

366.725]

����� 366.566 Meeting requirements of federal aid statutes.

The Department of Transportation or officers having control of the state highways shall enter into such contracts, appoint such officers and do any other act or thing necessary to fully meet the requirements of the federal government and the officers acting under the federal statutes mentioned in ORS 366.556, or of other federal aid furnished. [Formerly 366.730]

����� 366.568 Using highway funds to comply with federal aid statutes. The Department of Transportation or officers having control of the state highways shall, out of the money received in the highway funds each year from any and all sources, first set aside, if deemed necessary or expedient, a sufficient amount to comply with the terms of the Federal Acts mentioned in ORS 366.556, and any other aid hereafter furnished by the federal government for the construction of roads and highways or to match the federal aid. [Formerly 366.735]

����� 366.570 Payments under cooperative agreement with federal government. (1) Where state or county roads are to be surveyed or constructed under the supervision of the federal government with the aid of state or county funds, or both, the State Treasurer or county treasurer, or both, may advance to the federal government, in the manner provided in this section, the full amount set forth in the cooperative agreement, or such portion of the amount as may be specified by the federal government at any time after the Department of Transportation or the county commissioners have entered into a cooperative agreement with the federal government for the survey, construction or maintenance of a road under any such statute, or under any appropriation statute for the federal government against which such expenditures may be chargeable.

����� (2) The advance payments shall be made to the fiscal agent of the federal government designated by, and upon receipt of, a request for such funds from the federal government, if the federal government agrees to refund to the state or county treasurer, or both, as the case may be, any amount advanced in excess of the proportionate share of the actual cost.

����� (3) When the state, through the Department of Transportation has entered into any cooperative agreement with the federal government for the survey or construction of any state road or highway as in this section contemplated, the department shall prepare, verify and approve a claim in favor of the federal government for the amount of the state�s share of the cost of the work, accompanying the claim with a copy of the agreement. The claim shall be paid by warrant on the State Treasurer in the manner provided by law, from such funds as are available for road purposes as shall be directed by the department. [Formerly

ORS 366.765

366.765]

����� 366.572 State highway agreements with local governments. (1) The Department of Transportation may enter into a cooperative agreement with any one or more cities, counties, road districts or other municipalities of the state for the construction, reconstruction, improvement, repair or maintenance of any state highway, and provide for an allocation of the cost of the project to the contracting parties.

����� (2) The Department of Transportation may enter into cooperative agreements with any county for the survey, construction, improvement, reconstruction, repair or maintenance of any state highway or part thereof upon such basis of contribution as may be agreed upon between them. [Formerly 366.770]

����� 366.574 Intergovernmental road maintenance agreement. (1) The Legislative Assembly declares that it is the public policy of the State of Oregon to promote cooperation between the Department of Transportation and counties on road maintenance projects when it results in an overall benefit to the public. Monetary savings that result from the cooperative efforts shall primarily be retained by the counties and the division of the department that enters into the agreement. The participants should endeavor to cooperate regardless of the proportion of benefit to either party.

����� (2) A county and the Department of Transportation or a division of the department may establish an intergovernmental road maintenance agreement that will govern the maintenance of state highways and county roads within the county or other areas described by the agreement or of a particular road project. The agreement must be ratified by the governing body of the county and the Director of Transportation. An agreement under this section shall require highways and roads to be maintained in accordance with standards mutually established by the Oregon Transportation Commission and the county governing body.

����� (3) All employees and managers of the department and the county who will perform road maintenance activities described in the agreement or who will be involved in the road project described in the agreement must be given a reasonable opportunity to participate with the department and the counties in establishing the terms and provisions of the agreement.

����� (4) Nothing in this section or in the agreement affects title to or ownership of state highways or county roads.

����� (5) The agreement must:

����� (a) Provide for the use of state and county road maintenance equipment and facilities by the participants.

����� (b) Recognize an agreement between either participant and a state or federal agency established to protect the environment. The intergovernmental road maintenance agreement should contain references to applicable provisions that implement procedures and specifications contained in the agreement between either participant and the agency.

����� (c) Establish a procedure, consistent with appropriate collective bargaining agreements, to ensure that employees of the department and the county are properly supervised.

����� (d) Establish a procedure to determine which maintenance methods will be used by the participants.

����� (e) Establish a procedure to account for changes in operating costs due to the establishment of the agreement and to allocate increased costs or distribute cost savings between the county and the department.

����� (f) Establish a formula, adjustment factor or procedure for the equitable adjustment and comparison of the maintenance and equipment use rates required of the department under federal law and the maintenance and equipment use rates employed by the county.

����� (g) Authorize the participants to use either the procurement procedures applicable to the department or the procurement procedures applicable to the county as long as the procurement procedures include adequate safeguards fostering competition and are consistent with ORS 279A.015 and 279C.300. [Formerly 366.773]

����� Note: 366.574 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 366.576 Road, highway or street agreements with local governments. The Department of Transportation may enter into an agreement with any county, city, town or road district for the construction, reconstruction, improvement, repair or maintenance of any road, highway or street, upon terms and conditions mutually agreed to by the contracting parties, and the department may acquire by purchase, agreement, donation or by exercise of the power of eminent domain, any real property necessary for rights of way therefor. [Formerly 366.775; 2005 c.22 �262]

����� 366.578 Farm-to-market roads. (1) The Department of Transportation and local governments shall consider the importance of farm-to-market roads when making highway funding decisions.

����� (2) As used in this section, �farm-to-market road� means a rural or urban road, street or highway that is used to move agricultural or logging products to market. [Formerly

ORS 368.075

368.075); repealed by 1981 c.153 �79]

����� 368.080 [Repealed by 1981 c.153 �79]

����� 368.081 Requirements for petition to initiate road proceedings; fees. (1) A petition to initiate proceedings under ORS 368.073 must contain all of the following:

����� (a) A statement of the public necessity for the public road.

����� (b) A description of the proposed public road.

����� (c) A list containing the names and mailing addresses of any owner of property that:

����� (A) Is proposed to be acquired for the public road;

����� (B) Abuts the proposed public road; or

����� (C) Would otherwise be affected by the proposed acquisition of property for the public road.

����� (d) The signatures and mailing addresses of a majority of the owners of property that would abut the proposed road.

����� (2) The petition described under this section is subject to the following:

����� (a) Where a signature from an owner is required, the signature of an owner of property that has multiple ownership is valued as a fraction of an owner signature for that property in the same proportion as that owner�s interest in the property bears to the interest of all other owners of the same property.

����� (b) Any person signing the petition may withdraw the signature by filing a written withdrawal with the county governing body.

����� (c) A signature that is required on the petition does not qualify for purposes of the petition if the signature is withdrawn or if the person whose signature appears on the petition files an objection under ORS 368.091.

����� (3) A county governing body may establish and require payment of a fee for the filing of a petition under this section. [1981 c.153 �11]

����� 368.085 [Repealed by 1981 c.153 �79]

����� 368.086 Road proceedings; hearing; notice. (1) If proceedings to acquire real property for public road purposes are initiated by filing a petition described under ORS 368.081, a county governing body shall not begin any proceedings described under ORS 368.096 until the county governing body has conducted a hearing to determine whether the public interest would be served by continuing the proceedings.

����� (2) A county governing body shall provide notice of the hearing required under this section to property owners:

����� (a) Owning property that would abut or be acquired for the proposed public road; and

����� (b) Owning property that would not be acquired for or abut the proposed public road if the county governing body determines the property might be affected by the proposed public road.

����� (3) Notice required under this section shall be by service under ORS 368.401 to 368.426 except that:

����� (a) Those persons signing the petition may be given notice by first class mail to the person�s address shown on the petition; and

����� (b) The county governing body may provide for notice to persons owning property that would not be acquired for or abut the proposed public road by posting under ORS 368.401 to 368.426 if the county governing body determines that posting is more likely to provide notice to those persons. [1981 c.153 �12]

����� 368.090 [Repealed by 1981 c.153 �79]

����� 368.091 Owners� rights to terminate road proceedings. (1) A county governing body shall discontinue any proceedings to acquire real property for public road purposes that are initiated by a petition described ORS 368.081 at any time before acquisition of the property if a majority of the owners of property that would abut the proposed road file objections to establishing the road with the county governing body.

����� (2) Multiple ownership of property is subject to the same conditions as a signature on a petition under ORS 368.081 for purposes of determining the number of owners. [1981 c.153 �13]

����� 368.095 [Amended by 1969 c.518 �1; 1971 c.121 �1; repealed by 1981 c.153 �79]

����� 368.096 Alternative methods to acquire property for roads. (1) If proceedings to acquire real property for public road purposes have been initiated under ORS 368.073, a county governing body may acquire the property by any of the following methods:

����� (a) Acceptance of a dedication or donation.

����� (b) Acquisition by purchase or other agreement.

����� (c) Exercise of the power of eminent domain under ORS chapter 35.

����� (d) Use of road viewers under ORS 368.161 to 368.171.

����� (2) Nothing in this section:

����� (a) Supersedes procedures for establishing roads by subdividing or partitioning land under ORS chapter 92;

����� (b) Precludes public acquisition of any property interest by adverse possession or prescription; or

����� (c) Restricts the ability of a public body to acquire an interest in property by any other method permitted by law. [1981 c.153 �14]

����� 368.100 [Repealed by 1981 c.153 �79]

����� 368.101 Authority to change road proceedings; limitation. (1) At any time after a proceeding is initiated under ORS 368.073 for the acquisition of real property for public road purposes, a county governing body may:

����� (a) Change the method of proceeding or the property subject to the proceeding in any manner the county governing body determines to be in the public interest.

����� (b) Discontinue the proceeding if the county governing body determines that the proceedings or the establishment of the proposed road is not in the public interest.

����� (2) Notwithstanding subsection (1) of this section a county governing body shall not make any change in or discontinue any proceeding that is initiated by a petition described under ORS 368.081 unless the governing body has provided an opportunity for a hearing described under ORS 368.086. [1981 c.153 �15]

����� 368.105 [Repealed by 1981 c.153 �79]

����� 368.106 Records and survey of property acquired for road. If a county governing body acquires an interest in real property for public road purposes, the county governing body shall cause:

����� (1) Any order or resolution enacted and deed or other document establishing an interest in the property for public road purposes to be recorded;

����� (2) The road right of way to be surveyed and monumented;

����� (3) The survey to be prepared in compliance with ORS 209.250; and

����� (4) The survey to be recorded with the county surveyor. [1981 c.153 �16]

����� 368.110 [Amended by 1973 c.518 �1; repealed by 1981 c.153 �79]

����� 368.111 Assessment of costs and damages from road proceedings. (1) If a county incurs costs or is required to pay damages in the acquisition of property necessary for a public road, the county governing body may assess those costs or damages to and order the costs or damages to be paid by any of the following:

����� (a) The county governing body.

����� (b) If the proceedings for acquisition were initiated by a petition described under ORS

ORS 368.106

368.106. [1981 c.153 �20]

LEGALIZATION OF ROADS

����� 368.201 Basis for legalization of road. A county governing body may initiate proceedings to legalize a county road under ORS 368.201 to 368.221 if any of the following conditions exist:

����� (1) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road.

����� (2) If the location of the road cannot be accurately determined due to:

����� (a) Numerous alterations of the road;

����� (b) A defective survey of the road or adjacent property; or

����� (c) Loss or destruction of the original survey of the road.

����� (3) If the road as traveled and used for 10 years or more does not conform to the location of a road described in the county records. [1981 c.153 �21]

����� 368.205 [Amended by 1975 c.774 �1; 1977 c.338 �1; repealed by 1981 c.153 �79]

����� 368.206 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 368.201, the county governing body shall:

����� (a) Cause the road to be surveyed to determine the location of the road and the width of the road according to:

����� (A) The laws governing the width of roads at the time the road was originally established; or

����� (B) If the original width of the road cannot be determined, to the width for roads of the same class established by the standards under ORS 368.036;

����� (b) Cause the county road official to file a written report with the county governing body including the survey required under this section and any other information required by the county governing body; and

����� (c) Cause notice of the proceedings for legalization to be provided under ORS 368.401 to 368.426 by service to owners of abutting land and by posting.

����� (2) In a proceeding under this section, any person may file with the county governing body information that controverts any matter presented to the county governing body in the proceeding or alleging any new matter relevant to the proceeding. [1981 c.153 �22]

����� 368.210 [Repealed by 1981 c.153 �79]

����� 368.211 Compensation for property affected by road legalization. (1) A county governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings under ORS 368.201 to 368.221.

����� (2) To qualify for compensation under this section, a person must file a claim for damages with the county governing body before the close of the hearing to legalize the road. The county governing body shall consider a claim for damages unless the county governing body determines that:

����� (a) At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road;

����� (b) Upon the original location of the road, the person received damages;

����� (c) The person or the person�s grantor applied for or assented to the road passing over the property; or

����� (d) When making settlements on the property, the person found the road in public use and traveled.

����� (3) The compensation allowed under this section shall be just compensation for the removal of the encroaching structure.

����� (4) The county governing body may proceed to determine compensation and acquire the structure by any method under ORS 368.096.

����� (5) If a county governing body determines that removal of the encroaching structure is not practical under this section, the county governing body may acquire property to alter the road being legalized. [1981 c.153 �23]

����� 368.215 [Repealed by 1981 c.153 �79]

����� 368.216 Order under road legalization proceeding. (1) After considering matters presented in a proceeding to legalize a road under ORS 368.201 to 368.221, a county governing body shall determine whether legalization of the road is in the public interest and shall enter an order abandoning or completing the legalization procedures on the road.

����� (2) When a county governing body legalizes a road under ORS 368.201 to 368.221, the county governing body shall comply with ORS 368.106.

����� (3) Courts shall receive any order filed under this section as conclusive proof that the county road exists as described in the order.

����� (4) Upon completion of the legalization procedures under ORS 368.201 to 368.221:

����� (a) Any records showing the location of the road that conflict with the location of the road as described in the order are void; and

����� (b) The road exists as shown on the order legalizing the road. [1981 c.153 �24]

����� 368.218 [1975 c.774 �2; repealed by 1981 c.153 �79]

����� 368.220 [Repealed by 1975 c.771 �33]

����� 368.221 Legalization of road of substandard width. Notwithstanding ORS 368.036, a county governing body may legalize a road at any width that is less than the width of the road described in ORS 368.206 if the county governing body determines that:

����� (1) The legalization of the road at the lesser width is in the public interest; or

����� (2) An encroachment on the road may not be practically removed under ORS 368.211. [1981 c.153 �25]

����� 368.225 [Repealed by 1975 c.771 �33]

����� 368.230 [Amended by 1971 c.659 �4; repealed by 1975 c.771 �33]

����� 368.235 [Amended by 1965 c.10 �1; repealed by 1975 c.771 �33]

����� 368.240 [Repealed by 1975 c.771 �33]

����� 368.245 [Amended by 1969 c.423 �3; repealed by 1975 c.771 �33]

����� 368.250 [Repealed by 1975 c.771 �33]

ROAD HAZARDS

����� 368.251 Obstruction of road drains prohibited. No person shall stop, obstruct or in any other manner impair or damage any drain, ditch or other man-made or natural waterway that:

����� (1) Prevents water from causing damage to, flowing across or standing on a public road under county jurisdiction; or

����� (2) Benefits a public road under county jurisdiction. [1981 c.153 �26]

����� 368.255 [Repealed by 1975 c.771 �33]

����� 368.256 Creation of road hazard prohibited. (1) Except as authorized by the county governing body, an owner or lawful occupant of land shall not allow:

����� (a) Any water to overflow, seep or otherwise discharge from that land onto a public road under county jurisdiction including, but not limited to, water that is passing over the land, diverted from the land by an obstruction on the land, flowing from the land because of rainfall or discharged from an irrigation sprinkler or other device.

����� (b) Any structure, tree, drainage way, soil deposit or other natural or man-made thing on that land to present a danger to or create a hazard for the public traveling on a public road or facilities within the right of way of the public road by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a public road that is under county jurisdiction.

����� (2) A person is not in violation of this section if there is no reasonable method for the person to control, stop or remove the cause of the violation. [1981 c.153 �27]

����� 368.260 [Repealed by 1981 c.153 �79]

����� 368.261 Order to abate road hazard. (1) A county road official may order a person who is in violation of ORS

ORS 368.401

368.401 to 368.426.

����� (2) ORS 368.401 to 368.426 do not:

����� (a) Limit the use of public moneys for providing notice or providing other information.

����� (b) Limit the persons to whom notice or information may be provided.

����� (c) Limit the manner in which notice may be provided.

����� (d) Apply where other methods for providing notice are specifically provided by law.

����� (e) Supersede any specific provision for providing notice that is part of any law requiring or permitting notice to be given under ORS 368.401 to 368.426. [1981 c.153 �43]

����� 368.405 [Repealed by 1981 c.153 �79]

����� 368.406 Notice by service. (1) When the law requires notice to owners of certain real property by service, the person providing notice by service may have notice personally served or may have the notice mailed.

����� (2) A person providing notice shall accomplish notice that is personally served by obtaining a signed acknowledgment of receipt of notice from:

����� (a) The person being served; or

����� (b) A person 18 years of age or older who resides at the address of the person being served.

����� (3) A person providing notice by mail shall accomplish notice by certified mail, return receipt requested, to the address of the person being served.

����� (4) A person�s refusal to sign a receipt for notice that is personally served or mailed under this section is a waiver of any objection based on nonreceipt of the notice in any proceeding.

����� (5) Except where the person providing notice under this section has personal knowledge of a more appropriate address for the notice, the address to be used for notice personally served or mailed under this section is the address of the person to be served as shown on the tax rolls.

����� (6) A person serving notice under this section must serve notice at least 30 days before the date of the proceeding that is the subject of the notice. [1981 c.153 �44]

����� 368.410 [Repealed by 1981 c.153 �79]

����� 368.411 Notice by posting. (1) Where the law requires notice by posting, the person providing notice shall post notices in no less than three places. The places where notice may be posted include any of the following:

����� (a) The property subject to the proceeding that is the subject of the notice; or

����� (b) Property within the vicinity of the property described in paragraph (a) of this subsection.

����� (2) Notice that is posted on property under this section must be plainly visible from a traveled public road.

����� (3) Notwithstanding subsection (1) of this section, a person providing notice under this section may post fewer than three notices if the small size of the property limits the value of the number of postings.

����� (4) A person posting notice under this section must post notice at least 20 days before the date of the proceeding that is the subject of the notice. [1981 c.153 �45]

����� 368.415 [Amended by 1953 c.229 �2; 1971 c.427 �1; 1981 c.153 �66; renumbered 368.041]

����� 368.416 Notice by publication. (1) Where the law requires notice by publication, the person providing notice shall publish the notice in a newspaper of general circulation in the county where the property that is the subject of the proceeding is located.

����� (2) A person publishing notice under this section must publish the notice once at least 20 days before and once within 10 days of the date of the proceeding that is the subject of the notice. [1981 c.153 �46]

����� 368.420 [Repealed by 1981 c.153 �79]

����� 368.421 Record of notice. A person providing notice under any provision of ORS 368.401 to 368.426 shall complete and sign an affidavit containing a record of the procedure followed to provide notice under those sections. The person shall file the affidavit with the public body with jurisdiction over the proceeding that is the subject of the notice or in a place designated by that public body. [1981 c.153 �47]

����� 368.425 [Repealed by 1981 c.153 �79]

����� 368.426 Contents of notice. Any notice under ORS 368.401 to 368.426 must include all of the following:

����� (1) A short plain statement of the subject matter of the proceeding that requires the notice.

����� (2) A statement of matters asserted or charged or action proposed to be taken at the proceeding.

����� (3) An explanation of how persons may obtain more detailed information about the proceeding.

����� (4) A statement of any right to hearing afforded any parties under law.

����� (5) The time and place of any proceeding that will take place.

����� (6) A reference to particular sections of statute, charter, ordinance or rule that provide the jurisdiction and process for the proceeding that is the subject of the notice. [1981 c.153 �48]

����� 368.430 [Repealed by 1981 c.153 �79]

����� 368.435 [Repealed by 1981 c.153 �79]

����� 368.440 [Repealed by 1981 c.153 �79]

����� 368.445 [Repealed by 1981 c.153 �79]

����� 368.450 [Repealed by 1981 c.153 �79]

����� 368.455 [Repealed by 1981 c.153 �79]

����� 368.460 [Repealed by 1981 c.153 �79]

����� 368.465 [Repealed by 1981 c.153 �79]

����� 368.470 [Repealed by 1981 c.153 �79]

����� 368.475 [Repealed by 1981 c.153 �79]

����� 368.480 [Repealed by 1981 c.153 �79]

����� 368.485 [Amended by 1971 c.135 �2; repealed by 1981 c.153 �79]

����� 368.490 [Repealed by 1981 c.153 �79]

����� 368.495 [Repealed by 1981 c.153 �79]

����� 368.500 [Repealed by 1981 c.153 �79]

����� 368.505 [Repealed by 1981 c.153 �79]

����� 368.510 [Repealed by 1981 c.153 �79]

����� 368.515 [Repealed by 1981 c.153 �79]

����� 368.520 [Repealed by 1981 c.153 �79]

����� 368.525 [Repealed by 1981 c.153 �79]

����� 368.530 [Repealed by 1981 c.153 �79]

����� 368.535 [Repealed by 1981 c.153 �79]

����� 368.540 [Amended by 1981 c.153 �67; renumbered 368.126]

����� 368.545 [Repealed by 1961 c.556 �3]

����� 368.546 [1961 c.556 �1; repealed by 1981 c.153 �79]

����� 368.550 [Repealed by 1961 c.556 �3]

����� 368.551 [1961 c.556 �2; 1973 c.244 �1; repealed by 1981 c.153 �79]

����� 368.555 [Amended by 1967 c.256 �1; 1981 c.153 �68; renumbered 368.131]

����� 368.560 [Repealed by 1981 c.153 �79]

����� 368.565 [Amended by 1971 c.287 �2; repealed by 1981 c.153 �79]

����� 368.570 [Repealed by 1981 c.153 �79]

����� 368.575 [Amended by 1977 c.275 �2; repealed by 1981 c.153 �79]

����� 368.580 [Amended by 1963 c.501 �2; repealed by 1981 c.153 �79]

����� 368.582 [1963 c.501 ��3,4; repealed by 1981 c.153 �79]

����� 368.585 [Repealed by 1981 c.153 �79]

����� 368.590 [Repealed by 1981 c.153 �79]

����� 368.595 [Repealed by 1981 c.153 �79]

����� 368.600 [Amended by 1971 c.741 �35; 1979 c.873 �4; repealed by 1981 c.153 �79]

����� 368.605 [Repealed by 1981 c.153 �79]

����� 368.610 [Repealed by 1981 c.153 �79]

����� 368.615 [Amended by 1957 c.12 �1; repealed by 1981 c.153 �79]

����� 368.620 [Amended by 1957 c.575 �1; repealed by 1981 c.153 �79]

COUNTY ROAD FUNDS

����� 368.705 County road fund; use of fund. (1) As used in this section and ORS 368.710, �county road fund� means a separate fund in the county treasury designated to receive deposit of revenues that are dedicated to roads or road improvements.

����� (2) The county road fund must be used in establishing, laying out, opening, surveying, altering, improving, constructing, maintaining and repairing county roads and bridges on county roads.

����� (3) County funds derived from any ad valorem tax levy may not be used or expended by the county governing body upon any roads or bridges except:

����� (a) Funds derived from a levy within the permanent rate limit of section 11 (3), Article XI of the Oregon Constitution, or the statutory rate as provided in ORS 310.236 (4) or 310.237, if a voter-approved county serial levy dedicated to road improvements was used in determining the rate limit; or

����� (b) Local option taxes levied under ORS 280.040 to 280.145. [Amended by 1963 c.9 �18; 1967 c.203 �1; 1973 c.240 �3; 1983 c.582 �1; 1987 c.667 �5; 1991 c.459 �388; 1999 c.21 �73; 2007 c.679 �1]

����� 368.706 Expending road fund moneys of certain counties for patrolling. (1) Notwithstanding ORS 294.060 and 368.705, moneys described in ORS 294.060 (1) that are received by a county listed in subsection (2) of this section and deposited into that county�s road fund may be expended for patrolling within the county by the county�s law enforcement officials.

����� (2) Subsection (1) of this section applies to:

����� (a) Coos County;

����� (b) Curry County;

����� (c) Douglas County;

����� (d) Grant County;

����� (e) Josephine County;

����� (f) Klamath County;

����� (g) Lane County; and

����� (h) Linn County.

����� (3) Moneys in a county�s road fund and expended for patrolling under subsection (1) of this section may be used solely for direct costs and indirect costs associated with patrolling.

����� (4) As used in this section:

����� (a)(A) �Direct costs� means costs that can, with a high degree of accuracy, be identified specifically with or directly assigned to a particular award, project, program, service or other organizational activity.

����� (B) �Direct costs� includes, but is not limited to, salaries, travel, equipment and supplies directly related to patrolling by the county�s law enforcement officials.

����� (b)(A) �Indirect costs� means costs incurred for common or joint objectives that are not direct costs.

����� (B) �Indirect costs� includes, but is not limited to, the costs of operating and maintaining facilities, depreciation, administrative expenses and dispatch.

����� (c) �Patrolling� means the activities of a county law enforcement official that are in response to calls for service or initiated by the county law enforcement official. [2007 c.894 �4; 2011 c.556 �1; 2012 c.75 �1; 2013 c.479 �1; 2025 c.29 �1]

����� Note: 368.706 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 368 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 368.707 [1967 c.203 �3; 1999 c.21 �74; repealed by 2007 c.679 �5]

����� 368.708 Interfund loan of county road fund moneys for patrolling. (1) Notwithstanding ORS 294.060,

ORS 371.405

371.405 to 371.535 shall be special assessment districts and all taxable properties therein located shall be benefited in proportion to the assessed valuations of the various taxable properties therein as from time to time determined by the county assessment roll of the property. [Amended by 1955 c.227 �5]

����� 371.500 Computing money to be raised by assessment; apportionment; assessment limited; tax not to interfere with others. (1) The board of directors, in each fiscal year, shall make a computation of the total amount of money to be raised by the district through assessments for the ensuing fiscal year of July 1 to June 30, next following, for any and all purposes whatsoever in carrying out the provisions of ORS 371.405 to 371.535, including estimated delinquencies on assessments. This amount of money, when determined by the board of directors, shall be and constitute an assessment upon all the taxable property in the district and shall be apportioned by the board of directors to the property owned or held by each person, firm or corporation in proportion to the assessed valuation of all taxable property in the district as determined by the assessment roll of the county assessor last prepared.

����� (2) The assessment shall not exceed one-fourth of one percent (0.0025) of the real market value of the property, computed in accordance with ORS 308.207, unless authorized by a majority of those voting upon the proposition at a regular or special district election, but by such election no assessment in excess of one-fourth of one percent of the real market value of any property, over and above the one-fourth of one percent assessment above referred to, shall be levied in any one year.

����� (3) The levy of any tax under this section, ORS 371.505 or 371.515 shall not interfere with or prevent the county court from levying any tax for road purposes it may have the authority and power to do under any other law. [Amended by 1955 c.227 �6; 1963 c.9 �22; 1983 c.350 �246; 1991 c.459 �389]

����� 371.505 Copy of assessment resolution to county assessor; duty of assessor; collection and accounting; separate fund. (1) The secretary of the board of directors shall, after the apportionment of the assessment, certify a copy of the resolution levying and apportioning the assessment, to the county assessor of the county in which the district is situated.

����� (2) The county assessor shall extend the assessment so made against all taxable property within the district in the same manner as county taxes are entered by the assessor on the assessment roll.

����� (3) The assessments shall be collected and accounted for and the collection enforced in the same manner as the taxes of the county, except that the tax collector shall collect and account for the district assessments separately.

����� (4) When paid to the county treasurer such moneys shall be held and carried in a fund to be designated �______ Road Assessment Fund.� All warrants of the district shall be drawn against and shall be paid from this fund. However, whenever the district secretary shall furnish bond as provided by ORS 198.220 the treasurer shall deliver all funds in the Road Assessment Fund to the secretary on demand. Thereafter the secretary shall disburse the funds on order of the board of directors. [Amended by 1955 c.227 �7; 1963 c.364 �3; 1969 c.345 �8; 1973 c.305 �15]

����� 371.510 County assessor to furnish certificate of assessed valuation. The county assessor, upon request of the board of directors, shall furnish from time to time a certificate showing the total assessed valuation, according to the last completed assessment roll, of all the taxable property within the district. [Amended by 1955 c.227 �8]

����� 371.512 Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 �23]

����� 371.515 District to pay county for expenses; proceedings on default. The district shall pay the county for all the actual expenses and salary of the county engineer while the county engineer is engaged in work for and at the request of the board of directors, and for the cost of all work done by the county in the district at the request of the board of directors, which shall be the amount agreed upon between the county court and board of directors prior to the time such work is commenced or, if no agreement is made, the actual cost of the work done by the county, including a reasonable charge for depreciation of county equipment used. If, after written demand by the county court, the district fails to provide sufficient funds by taxation for the payment of all sums owing to the county, the county court may, by its order entered in its records, extend a special assessment against all the taxable property within the district in an amount sufficient to pay the amounts due the county. This assessment shall be extended upon the county tax roll and shall be assessed and collected in the same manner as the assessments levied by the district, but shall be credited by the county treasurer, when received, to a special fund, to be held for the payment of the indebtedness of the district to the county until such indebtedness is paid from this fund or other funds of the district. [Amended by 1955 c.227 �9]

����� 371.520 District excluded from other districts; certain unexpended funds credited to district; city within district may make levies. (1) Upon the organization of a road assessment district the entire area thereof shall be excluded by such organization from any existing road district theretofore existing and shall not be included within any other road district thereafter created during the life of the road assessment district.

����� (2) Upon the organization of the road assessment district there shall be credited to it the portion of all special road district levies unexpended in the county treasurer�s office, or levied upon and uncollected, derived from the area within the road assessment district, except the amounts levied upon and remaining uncollected, or remaining unexpended in the county treasurer�s office, derived from assessments upon property within a city included within the road assessment district, which shall be paid to the city as provided by law prior to June 16, 1945, for use by the city upon its local streets.

����� (3) The inclusion of a city within the road assessment district shall not prevent the city from levying general or special taxes or assessments upon the property within the city for the purpose of improvement, maintenance, repair or reconstruction of the city streets as authorized or permitted by law or the charter of the city. [Amended by 2003 c.802 �109]

����� 371.525 [Repealed by 1971 c.727 �203]

����� 371.530 Exclusion of land area from district. A petition for exclusion of land from a district shall be approved only if the exclusion of the land does not reduce the remaining area of the district to less than an area of 20,000 acres and not less than $1 million assessed valuation of taxable property according to the most recent assessment roll prepared by the county assessor. [Amended by 1955 c.227 �10; 1971 c.727 �107]

����� 371.535 Disposition of funds of dissolved district. If a district is dissolved, all funds then on hand or proceeds of assessments theretofore levied shall be held by the county court for the benefit of the roads within the area theretofore within the boundaries of the district. [Amended by 1971 c.727 �108]

����� 371.540 [1965 c.347 �2; repealed by 1971 c.727 �203]

����� 371.545 [1965 c.347 �3; repealed by 1971 c.727 �203]

����� 371.550 [1965 c.347 �4; repealed by 1971 c.727 �203]

����� 371.555 [1965 c.347 �5; repealed by 1971 c.727 �203]

IMPROVEMENT OF STREETS

AND ROADS IN

UNINCORPORATED AREAS

����� 371.605 Definitions for ORS 371.605 to 371.660. As used in ORS 371.605 to 371.660, unless the context requires otherwise:

����� (1) �Owner� means a vendee under a recorded land contract or if there is no such contract, the holder of the record title, which vendee or holder has a present interest equal to or greater than a life estate.

����� (2) �Engineer� means the county engineer, roadmaster, surveyor or other engineer selected by the county governing body.

����� (3) �Improvement� includes:

����� (a) The grading, graveling, paving or other surfacing of any road, or opening, laying out, widening, extending, altering, changing the grade of or constructing any road.

����� (b) The construction or reconstruction of sidewalks.

����� (c) The installation of ornamental street lights.

����� (d) The reconstruction or repair of any road improvement mentioned in this subsection.

����� (e) The acquisition, establishment, construction or reconstruction of any off-road motor vehicle parking facility.

����� (f) Installing, constructing, reconstructing, improving, extending or repairing lateral sewers, street mains, sewage disposal systems or similar facilities, and other facilities incidental thereto, within the right of way of a county road or public road.

����� (4) �Road,� �county road� and �public road� have the meanings given those terms in ORS 368.001. [Amended by 1955 c.773 �1; 1973 c.461 �1; 1975 c.738 �2; 1983 c.305 �1]

����� 371.610 Inapplicability of ORS 371.605 to 371.660 to state highways; authority of county to supersede statutes. (1) ORS

ORS 376.990

376.990���� Penalties

GENERAL PROVISIONS

����� 376.005 �County court� defined. As used in this chapter, unless the context requires otherwise, �county court� means the governing body of the county, whether it is a county court or board of county commissioners.

����� 376.105 [Repealed by 1979 c.862 �12]

����� 376.110 [Repealed by 1979 c.862 �12]

����� 376.115 [Repealed by 1979 c.862 �12]

����� 376.120 [Repealed by 1979 c.862 �12]

����� 376.125 [Repealed by 1979 c.862 �12]

����� 376.130 [Repealed by 1979 c.862 �12]

����� 376.135 [Repealed by 1979 c.862 �12]

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

����� 376.145 [Repealed by 1979 c.862 �12]

STATUTORY WAYS OF NECESSITY

����� 376.150 Definitions for ORS 376.150 to 376.200. As used in ORS 376.150 to 376.200:

����� (1) �Public road� means the entire right of way of any road over which the public has the right of use or any right of way held by the state or a political subdivision of the state for road purposes that is not open for public use.

����� (2) �Way of necessity� means:

����� (a) A road established under ORS 376.150 to 376.200 to provide motor vehicle access from a public road to land that would otherwise have no motor vehicle access;

����� (b) A route established under ORS 376.150 to 376.200 to provide utility service access from an existing service location to a service point that would otherwise have no utility service access; or

����� (c) A route established under ORS 376.150 to 376.200 to provide a continuation of preexisting sewer service to land that has access to a public road. [1979 c.862 �1; 1989 c.674 �1; 2009 c.318 �1]

����� 376.155 Petition to establish way of necessity; contents; requirements. (1) To establish a way of necessity under ORS 376.150 to 376.200, a landowner shall file a petition with the governing body of the county in which the land is located.

����� (2) A petition filed under this section shall contain a drawing and a narrative statement that contain all of the following information:

����� (a) The location and legal description of the property to be served by the proposed way of necessity.

����� (b) The location of all public roads located in the vicinity of the property to be served by the proposed way of necessity that are capable of being used to provide access to the property. The petition shall include the location of public roads that are not open for public use.

����� (c) A specific proposed location for the proposed way of necessity.

����� (d) Evidence showing the necessity for the establishment of a way of necessity.

����� (e) Evidence that either:

����� (A) The proposed way of necessity does not connect to a public road that has access rights acquired and limited by the state or county; or

����� (B) If the public road proposed for access by way of necessity has the limited access rights, the state or county is willing to grant permission to connect the proposed way of necessity to the public road.

����� (f) Evidence that the proposed way of necessity may be connected to the public road safely.

����� (g) Evidence that the specific location proposed for the way of necessity is the nearest practicable point for connection to a way of necessity to a public road.

����� (h) The names and addresses of the persons owning the land across which the way of necessity could be located.

����� (i) The petitioner�s proposal for the amount of compensation to persons owning land across which the way of necessity is proposed to be located.

����� (j) Evidence that the petitioner does not have an existing easement or right to an easement to provide access to a public road.

����� (k) Evidence that the petitioner does not have any enforceable access to a public road.

����� (L) If the petition is to establish a way of necessity described in ORS 376.150 (2)(c), evidence that:

����� (A) A publicly owned sewer line does not exist in the portion of any public road adjacent to the land; and

����� (B) The land is located in a jurisdiction that has adopted and implemented a public sewer extension program designed to make public sewers available to land lacking access to a public sewer line in the portion of a public road adjacent to the land. [1979 c.862 �2; 1991 c.936 �2; 2009 c.318 �2]

����� 376.157 Continuation of preexisting sewer service. (1) A way of necessity that provides a continuation of preexisting sewer service to land that has access to a public road:

����� (a) Terminates six months after a local government, as defined in ORS 174.116, having jurisdiction over the affected land issues a notice to affected property owners declaring the completion of a public sewer line that provides direct access to the land.

����� (b) May not be approved in circumstances where the abandonment of an existing private sewer line connection is necessitated by permitted development or redevelopment.

����� (2) Compensation paid by the owner of the benefited land to the owner of the land burdened by the way of necessity must reflect the temporary duration of ways of necessity approved under ORS 376.175. [2009 c.318 �4]

����� 376.160 Notice to landowners; investigation of proposed way; report to county governing body. (1) Upon receipt of a petition for a way of necessity filed under ORS 376.155, a county governing body shall:

����� (a) Provide for service of the petition on all persons owning land across which the way of necessity could be located; and

����� (b) Direct the county engineer, county surveyor or other persons appointed by the governing body to investigate the proposed way of necessity and to submit a written report to the county governing body.

����� (2) The report under subsection (1) of this section shall include:

����� (a) Possible alternate routes for ways of necessity to the property;

����� (b) A determination of whether the proposed way of necessity meets the requirements under ORS 376.150 to 376.200;

����� (c) The reasonableness of the way of necessity proposed in the petition; and

����� (d) A recommendation for a specific location and width for a way of necessity.

����� (3) Upon receipt of the report under subsection (2) of this section, the county governing body shall:

����� (a) Provide a copy of the report to the petitioner; and

����� (b) Serve a copy of the petition and report on all persons owning land across which the way of necessity is proposed to be located under the report or the petition.

����� (4) Service of the petition and report under this section shall be accomplished in the manner provided for service of summons in an action at law. If the report includes a recommendation for a route different than the route proposed in the petition, service on the affected parties shall include a copy of the petition. [1979 c.862 �3]

����� 376.165 Deposit to cover county expenses. Upon receipt of a petition for a way of necessity filed under ORS 376.155, a county governing body may require the petitioner to deposit with the county an amount of money or other security to use for payment of county expenses incurred in the procedure for establishing the way of necessity or to assure that the expenses will be paid. If a deposit of money is required by the governing body, the deposit may be used to pay expenses and shall be deducted from the expenses ordered to be paid under ORS 376.175. [1979 c.862 �3a]

����� 376.170 Filing of answer by landowner; reply to answer by petitioner. (1) Any person owning land across which a way of necessity is proposed to be established under ORS 376.150 to

ORS 390.150

390.150]

����� 366.185 [1957 c.635 �2; 1971 c.481 �11a; 1971 c.598 �7; 1973 c.249 �36; repealed by 1979 c.186 �30]

POWERS AND DUTIES OF OREGON TRANSPORTATION COMMISSION

����� 366.205 Power and authority of commission over highways; rules. (1) The Oregon Transportation Commission has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways, the letting of contracts therefor, the selection of materials to be used therein and all other matters and things considered necessary or proper by the commission for the accomplishment of the purposes of this Act.

����� (2) The commission has full power to carry out the provisions of and may make such rules as it considers necessary for the accomplishment of the purposes of this Act, as defined in ORS 366.005.

����� (3) The Director of Transportation, as authorized by the commission, shall appoint such officials and do any other act or thing necessary to fully meet the requirements of ORS 366.510. [Amended by 1963 c.601 �1; 1965 c.368 �6; 1973 c.249 �37; 1975 c.436 �8; 1985 c.565 �64; 1989 c.904 �35; 1993 c.741 �38]

����� 366.207 Statewide winter maintenance strategy and policy; rock salt. The Oregon Transportation Commission shall develop a statewide winter maintenance strategy and policy that includes the use of rock salt or similar solid salt products. In developing the strategy, the commission shall focus on highways under the Department of Transportation�s jurisdiction as the road authority pursuant to ORS 810.010 and take into consideration environmental best practices. [2017 c.750 �136]

����� 366.210 Limit on administration and engineering expenditure. The total cost in any one year for administration and engineering of highway construction shall not exceed 10 percent of the total funds available to the Department of Transportation during that year for its highway activities. [Amended by 1973 c.249 �38; 1993 c.741 �39]

FREIGHT ADVISORY COMMITTEE

����� 366.212 Freight Advisory Committee. (1) There is created the Freight Advisory Committee to be appointed by the Director of Transportation to advise the director and the Oregon Transportation Commission regarding issues, policies and programs that impact multimodal freight mobility in Oregon.

����� (2) The director shall have discretion to determine the number of committee members and the duration of membership. The committee membership shall include, but not be limited to, representatives from the shipping and carrier industries, the state, local governments and ports, including the Port of Portland.

����� (3) The committee shall:

����� (a) Elect a chairperson and a vice chairperson.

����� (b) Meet at least four times a year.

����� (c) Provide input on statewide and regional policies and actions that impact freight mobility.

����� (d) Provide input on the development of policy and planning documents that impact freight mobility.

����� (e) Advise the commission and regionally based advisory groups about the Statewide Transportation Improvement Program and the program�s consideration and inclusion of highest priority multimodal freight mobility projects in each Department of Transportation region.

����� (4) The committee may make recommendations for freight mobility projects to the commission. In making the recommendations, the committee shall give priority to multimodal projects.

����� (5) The Department of Transportation shall provide policy and support staff to the committee. The department shall also provide other personnel to assist the committee as requested by the chairperson and within the limits of available funds. [2001 c.240 �2; 2003 c.618 �46]

STATE HIGHWAYS

����� 366.215 Creation of state highways; reduction in vehicle-carrying capacity. (1) The Oregon Transportation Commission may select, establish, adopt, lay out, locate, alter, relocate, change and realign primary and secondary state highways.

����� (2) Except as provided in subsection (3) of this section, the commission may not permanently reduce the vehicle-carrying capacity of an identified freight route when altering, relocating, changing or realigning a state highway unless safety or access considerations require the reduction.

����� (3) A local government, as defined in ORS 174.116, may apply to the commission for an exemption from the prohibition in subsection (2) of this section. The commission shall grant the exemption if it finds that the exemption is in the best interest of the state and that freight movement is not unreasonably impeded by the exemption. [Amended by 1977 c.312 �2; 2003 c.618 �38]

����� 366.220 Creation of state highway system. (1) The Oregon Transportation Commission may select, establish, designate, construct, maintain, operate and improve or cause to be constructed, maintained, operated and improved a system of state highways within the state, which highways shall be designated by name and by the point of beginning and terminus thereof. The system of state highways shall include such other highways as may from time to time be selected and adopted by the commission pursuant to law and all highways adopted and classified as secondary state highways which are subject to and qualified for construction, improvement, betterment and maintenance as are other state highways.

����� (2) The commission may classify and reclassify the highways comprising the state highway system as primary and secondary highways. Secondary highways may consist of newly established highways, reclassified primary highways and county roads selected pursuant to ORS 366.290. [Amended by 1953 c.252 �2; 1977 c.312 �3]

����� 366.225 [Amended by 1953 c.252 �2; 1957 c.123 �1; repealed by 1977 c.312 �4]

����� 366.226 [Amended by 1953 c.252 �2; 1957 c.123 �2; repealed by 1977 c.312 �4]

����� 366.227 [Amended by 1953 c.252 �2; 1957 c.123 �3; repealed by 1977 c.312 �4]

����� 366.228 [Amended by 1957 c.123 �4; repealed by 1977 c.312 �4]

����� 366.229 [Repealed by 1977 c.312 �4]

����� 366.230 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.231 [Repealed by 1977 c.312 �4]

����� 366.232 [Amended by 1953 c.252 �2; 1957 c.123 �5; repealed by 1977 c.312 �4]

����� 366.233 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.234 [Repealed by 1977 c.312 �4]

����� 366.235 [Amended by 1957 c.123 �6; repealed by 1977 c.312 �4]

����� 366.236 [Repealed by 1977 c.312 �4]

����� 366.237 [Amended by 1955 c.6 �1; repealed by 1977 c.312 �4]

����� 366.238 [Amended by 1953 c.252 �2; 1957 c.123 �7; 1959 c.202 �1; repealed by 1977 c.312 �4]

����� 366.239 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.240 [Repealed by 1977 c.312 �4]

����� 366.241 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.242 [Amended by 1953 c.252 �2; 1957 c.123 �8; repealed by 1977 c.312 �4]

����� 366.243 [Repealed by 1977 c.312 �4]

����� 366.244 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.245 [Repealed by 1977 c.312 �4]

����� 366.246 [Repealed by 1977 c.312 �4]

����� 366.247 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.248 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.249 [Repealed by 1977 c.312 �4]

����� 366.250 [Repealed by 1977 c.312 �4]

����� 366.251 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.252 [Amended by 1957 c.123 �9; repealed by 1977 c.312 �4]

����� 366.253 [Repealed by 1977 c.312 �4]

����� 366.254 [Repealed by 1977 c.312 �4]

����� 366.255 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.256 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.257 [Amended by 1953 c.252 �2; 1957 c.123 �10; repealed by 1977 c.312 �4]

����� 366.258 [Repealed by 1977 c.312 �4]

����� 366.259 [Repealed by 1977 c.312 �4]

����� 366.260 [Amended by 1953 c.252 �2; 1957 c.123 �11; repealed by 1977 c.312 �4]

����� 366.261 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.262 [Repealed by 1977 c.312 �4]

����� 366.263 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.264 [Repealed by 1977 c.312 �4]

����� 366.265 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.266 [Repealed by 1977 c.312 �4]

����� 366.267 [Repealed by 1977 c.312 �4]

����� 366.268 [Repealed by 1977 c.312 �4]

����� 366.269 [Repealed by 1977 c.312 �4]

����� 366.270 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.271 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.272 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.273 [Amended by 1953 c.252 �2; 1957 c.123 �12; repealed by 1977 c.312 �4]

����� 366.274 [Repealed by 1977 c.312 �4]

����� 366.275 [Repealed by 1977 c.312 �4]

����� 366.276 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.277 [Amended by 1953 c.252 �2; 1957 c.123 �13; repealed by 1977 c.312 �4]

����� 366.278 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

����� 366.279 [1953 c.252 �3; repealed by 1977 c.312 �4]

����� 366.280 [1953 c.252 �4; repealed by 1977 c.312 �4]

����� 366.281 [1953 c.252 �5; repealed by 1957 c.123 �14]

����� 366.282 [1953 c.252 �6; repealed by 1957 c.123 �14]

����� 366.283 [1953 c.252 �7; repealed by 1957 c.123 �14]

����� 366.284 [1953 c.252 �8; repealed by 1977 c.312 �4]

����� 366.285 Location of highways when in doubt; procedure. (1) The Department of Transportation may locate, relocate, define, establish, reestablish and confirm the extension, location and establishment of primary and secondary state highways where:

����� (a) By reason of loss or destruction of field notes of the original surveys made by the county when such roads or highways were laid out and established by the county, defective or incomplete surveys or records, or destroyed monuments or marks, the exact original location and boundary cannot be found or ascertained.

����� (b) For any reason the exact location and right of way lines are in doubt or are challenged.

����� (2) In exercising the authority under subsection (1) of this section the procedure afforded the county with respect to public roads under ORS 368.201 to 368.221 may be followed by the department. [Amended by 1981 c.153 �61]

����� 366.290 Adding to or removing roads from state highway system; responsibility for construction and maintenance. (1) The Department of Transportation may select, locate, establish, designate, improve and maintain out of the highway fund a system of state highways, and for that purpose may, by mutual agreement with several counties, select county roads or public roads. By an appropriate order entered in its records the department may designate and adopt such roads as state highways. Thereafter the construction, improvement, maintenance and repair of such roads shall be under the jurisdiction of the department.

����� (2) In the selection of highways or roads to be included in the state highway system the department shall give consideration to and shall select such county roads or public roads as will contribute to and best promote the completion of an adequate system of state highways.

����� (3)(a) With the written agreement of the county in which a particular highway or part thereof is located, the department may, when in its opinion the interests of highway users will be best served, eliminate from the state highway system any road, highway, road segment or highway segment. The road, highway or segment becomes a county road or highway, and the construction, repair, maintenance or improvement, and jurisdiction over the road or highway will be exclusively under the county in which the road or highway is located.

����� (b) In addition to the funds provided under ORS 366.762 to the county, the department may annually provide funds out of the State Highway Fund to address the additional costs to the county for the construction, repair, maintenance or improvement of the road or highway over which the county accepts jurisdiction.

����� (c) The agreement between the department and the county accepting jurisdiction must contain provisions to ensure that freight movement on the highway will not be restricted beyond the limits set in the agreement, unless the Oregon Transportation Commission, in consultation with the freight industry and the county, concludes that the restriction is necessary for the safety of the highway users. Nothing in this section prevents a county from taking emergency action to protect safety or place weight restrictions on a structure that is failing or otherwise damaged.

����� (4) The construction, maintenance and repair of state highways shall be carried on at the sole expense of the state or at the expense of the state and the county by mutual agreement between the department and the county in which any particular state highway is located. [Amended by 1953 c.252 �2; 1979 c.223 �1; 2011 c.330 �24]

����� 366.292 Consideration of tolling prior to doing modernization project. Before proceeding with a modernization project, or a series of modernization projects on a single highway, that might result in a segment of highway to which tolling could reasonably be applied, the Department of Transportation shall determine what portion of the costs of construction and maintenance could be recovered through tolls on users of the project. The toll potential of a modernization project shall be considered among other factors in determining which modernization projects should be included in the Statewide Transportation Improvement Program, with those projects with the greater potential to be self-funded through tolls ranking higher. A determination under this section may be based on assumptions that a single toll would be imposed or on assumptions that tolls would be imposed that vary depending on time of day or any other condition the department deems relevant. [1999 c.1072 �2]

����� 366.295 Relocation of highways. The Oregon Transportation Commission may make such changes in the location of highways designated and adopted by the commission, as in the judgment and discretion of the commission will result in better alignment, more advantageous and economical highway operation and maintenance, or as will contribute to and afford a more serviceable system of state highways than is possible under the present location. [Amended by 1977 c.312 �1]

����� 366.297 Environmental performance standards; rules. (1) As used in this section, �highway� has the meaning given that term in ORS 801.305.

����� (2) The Department of Transportation shall adopt rules, taking into consideration the following:

����� (a) Incorporating environmental performance standards into the design and construction of all state highway construction projects, including local government highway construction projects funded by the department.

����� (b) Improving the environmental permitting process for state highway construction projects in order to:

����� (A) Reduce the time required to design projects and obtain environmental permits;

����� (B) Reduce the cost and delay associated with redesigning projects to meet environmental requirements;

����� (C) Maintain a strong commitment to environmental stewardship; and

����� (D) Reduce this state�s dependence on foreign oil. [2009 c.865 �18]

����� Note: 366.297 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 366.300 Treatment of sections eliminated when highway relocated. (1) Whenever the Department of Transportation relocates or realigns a state highway or a section thereof, and by reason of such relocation or realignment there is eliminated from the original route of the highway a section thereof, the eliminated section shall, if needed for the service of persons living thereon or for a community served thereby, be maintained by the department at state expense, or by the county or by the state and the county on such terms and conditions as may be agreed upon.

����� (2) If such eliminated sections of old right of way, or any part thereof, in the judgment of the department, are needed or valuable for public road use, then the department shall, by appropriate action, declare the purpose of the department to preserve the same for public road use.

����� (3) If the department determines under subsection (2) of this section that the eliminated sections are merely parts of the old right of way which are no longer needed or valuable for highway right of way purposes or any other public road use, then if such eliminated sections are not owned by the department in fee, the department shall abandon such eliminated sections and such sections shall, except as otherwise provided in this section, revert to and title thereto shall vest in the abutting owner or owners.

����� (4) Nothing in this section shall impair vested rights of property owners under existing deeds, easements or contracts whereby the state or any county acquired such rights of way. This section shall not prevent the department from contracting for the acquisition of easements or rights of way on such terms and conditions as to abandonment and reverter as it may consider advisable under the conditions then existing. [Amended by 1985 c.259 �1]

����� 366.305 Materials, supplies and equipment. The Department of Transportation may select the materials to be used in the construction, maintenance and operation of state highways. It may purchase or contract for, independent of any particular job, improvement or highway project, whether done by contract, force account or otherwise, any material, supplies or equipment deemed necessary for carrying out the provisions and purposes of this Act in such amounts and manner and pursuant to such method as in the judgment of the department will be for the best interests of the state.

����� 366.310 Buildings and structures. The Department of Transportation may construct, equip, furnish and maintain office accommodations, shops, equipment sheds, storage plants and warehouses, snow fences, patrolmen quarters or accommodations and any other building, structure or thing deemed necessary for the efficient administration of the duties of the department and which in the opinion of the department are required for the proper and adequate accomplishment of the purposes of this Act.

����� 366.315 Widths of rights of way. The Department of Transportation may determine the widths of rights of way for all state highways.

����� 366.317 [1975 c.414 �1; repealed by 2015 c.138 �10]

����� 366.320 Acquisition of rights of way and right of access. (1) The Department of Transportation may acquire rights of way deemed necessary for all primary and secondary state highways, both within and without the corporate limits of cities and towns, except that such rights of way within the corporate limits of cities and towns may be acquired at the sole expense of the state, at the expense of the city or town or at the expense of the city or town and the state, as may be mutually agreed upon.

����� (2) The department may acquire by purchase, agreement, donation or by the exercise of the power of eminent domain, real property or any right or interest therein deemed necessary for rights of way, either for original location or for widening, straightening or otherwise changing any highway, road or street. The department may, when acquiring real property for right of way, acquire all right of access from abutting property to the highway to be constructed, relocated or widened.

����� (3) All rights of way owned or held by the several counties over and along any roads adopted as state highways are vested in the state, by and through the department. This subsection does not apply to any rights of way owned by any city for city streets. [Amended by 1953 c.252 �2]

����� 366.321 Expense of relocating municipal facilities payable by department; exceptions. (1) When location, construction, relocation, reconstruction, maintenance or repair of a state highway requires relocation of any facilities placed or maintained in or on a public right of way by any municipal corporation, or a district or authority established under ORS chapter 264, 450, 451, 523 or 545, the Department of Transportation shall pay the municipal corporation, district or authority whose facilities are so required to be relocated the reasonable expenses of relocation, less any benefits and salvage of the relocation.

����� (2) Subsection (1) of this section shall not apply to:

����� (a) Facilities located in or on the right of way of a state highway under permits issued by the department upon the condition that the permittee would bear the cost of any relocation; or

����� (b) Facilities located in or on the right of way of a state highway where the municipal corporation, district or authority established under ORS chapter 264, 450, 451 or 545, has placed such facilities in or on the right of way of the state highway without a permit from the Oregon Transportation Commission or has refused to execute a permit as required by law or commission regulations. However, this paragraph shall not apply where such municipal corporation, district or authority has located facilities in or on the right of way of a city street or county road with the permission of the governing body of such city or county before such city street or county road was selected and designated a state highway by the Department of Transportation pursuant to ORS

ORS 390.410

390.410]

����� 358.612 Duties of State Historic Preservation Officer. The State Historic Preservation Officer:

����� (1) Shall conduct or cause to have conducted a comprehensive, statewide survey to identify districts, sites, buildings, structures and objects that are potentially significant in Oregon history, prehistory, architecture, archaeology and culture;

����� (2) Shall prepare and implement a comprehensive statewide historic preservation plan to assist local governments in developing their preservation programs and participate in the national program;

����� (3) Shall maintain a statewide inventory of historic properties;

����� (4) Shall create a mechanism for an Oregon State Register of Historic Properties in which to record significant historic properties with the State Advisory Committee on Historic Preservation developing the criteria for such properties;

����� (5) Shall nominate properties of historical, prehistoric architectural, archaeological and cultural significance to the Oregon State Register of Historic Properties and to the National Register of Historic Places;

����� (6) Shall administer state and federal tax incentive provisions for the preservation of properties on the state and national registers;

����� (7) Shall provide information on federal and state tax benefits for preservation projects;

����� (8) Shall administer grant programs to conduct surveys of historic properties and to assist the development of properties on the state and national registers;

����� (9) Shall provide or assist other appropriate state agencies in providing information and education on the economic and social benefits of developing historical and cultural resources;

����� (10) Shall provide public education and information to foster the purposes of ORS 358.565 to 358.622;

����� (11) Shall provide technical assistance as funds permit;

����� (12) Shall work with local, statewide and national organizations to develop means of promoting historic preservation, including legislation, financing, education, easements, conferences and workshops and audio-visual materials;

����� (13) Shall, when a project involves Native American concerns, work with the Commission on Indian Services, project administrators and the local Indian tribes or communities to insure that these concerns are adequately addressed;

����� (14) May review and comment on the impact of publicly funded projects and programs;

����� (15) May accept gifts and grants to be used for purposes consistent with ORS 358.565 to

ORS 390.665

390.665]

����� 390.750 [Formerly 274.110; 1969 c.601 �19; renumbered 390.685]

�����

(Vegetation Line)

����� 390.755 Periodic reexamination of vegetation line; department recommendations for adjustment. (1) The State Parks and Recreation Department is directed to periodically reexamine the line of vegetation as established and described by ORS 390.770 for the purpose of obtaining information and material suitable for a re-evaluation and re-definition, if necessary, of such line so that the private and public rights and interest in the ocean shore shall be preserved.

����� (2) The State Parks and Recreation Department may, from time to time, recommend to the Legislative Assembly adjustment of the line described in ORS 390.770. [1969 c.601 �27; 1979 c.186 �24]

����� 390.760 Exceptions from vegetation line. ORS 390.640 does not apply to any state-owned land or to headlands and other lands located at an elevation of more than 16 feet and seaward of a line running between the following designated and numbered points which are more particularly described by ORS 390.770. The elevation mentioned in this section refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947.

Point Designation������ ����������� Point Designation

and Number��� ����������������������� and Number

From��� ����������� To������� ����������� From��� ����������� To

Cl-7-6� ����������� Cl-7-7� ����������� Cl-7-55����������� Cl-7-56

Cl-7-10����������� Cl-7-11����������� Cl-7-76����������� Cl-7-77

Cl-7-13����������� Cl-7-14����������� Cl-7-115��������� Cl-7-116

Cl-7-52����������� Cl-7-53����������� Cl-7-134��������� Cl-7-135

Ti-7-3� ����������� Ti-7-4� ����������� La-7-72���������� La-7-73

Ti-7-6� ����������� Ti-7-7� ����������� La-7-87���������� La-7-88

Ti-7-18����������� Ti-7-19����������� Do-8-78���������� Do-8-79

Ti-7-33����������� Ti-7-34����������� Co-7-82���������� Co-7-83

Ti-7-83����������� Ti-7-84����������� Co-7-111�������� Co-7-112

Ti-7-88����������� Ti-7-89����������� Co-7-146�������� Co-7-147

Ti-7-94����������� Ti-7-95����������� Co-7-178�������� Co-7-179

Ti-7-99����������� Ti-7-100��������� Co-7-200�������� Co-7-201

Ti-7-113��������� Ti-7-114��������� Co-7-229�������� Co-7-230

Ti-7-168��������� Ti-7-169��������� Cu-7-25���������� Cu-7-26

Ti-7-183��������� Ti-7-184��������� Cu-7-54���������� Cu-7-55

Ti-7-249��������� Ti-7-250��������� Cu-7-155�������� Cu-7-156

Li-7-2A���������� Li-7-3� ����������� Cu-7-167�������� Cu-7-167A

Li-7-10����������� Li-7-11����������� Cu-7-167E����� Cu-7-168

Li-7-17����������� Li-7-18����������� Cu-7-174�������� Cu-7-175

Li-7-73����������� Li-7-74����������� Cu-7-196�������� Cu-7-197

Li-7-118��������� Li-7-119��������� Cu-7-201�������� Cu-7-202

Li-7-150��������� Li-7-151��������� Cu-7-219�������� Cu-7-220

Li-7-154��������� Li-7-155��������� Cu-7-225�������� Cu-7-226

Li-7-161��������� Li-7-162��������� Cu-7-236�������� Cu-7-237

Li-7-165��������� Li-7-166��������� Cu-7-258�������� Cu-7-259

Li-7-167A������ Li-7-168��������� Cu-7-268�������� Cu-7-269

Li-7-170��������� Li-7-171��������� Cu-7-288�������� Cu-7-289

Li-7-176��������� Li-7-177��������� Cu-7-310�������� Cu-7-311

Li-7-182��������� Li-7-183��������� Cu-7-314�������� Cu-7-315

Li-7-215��������� Li-7-216��������� Cu-7-363�������� Cu-7-364

Li-7-269��������� Li-7-270��������� Cu-7-382�������� Cu-7-383

Li-7-293��������� Li-7-294��������� Cu-7-393�������� Cu-7-394

Li-7-296��������� Li-7-297��������� Cu-7-400�������� Cu-7-401

Li-7-314��������� Li-7-315��������� Cu-7-440�������� Cu-7-441

Li-7-325��������� Li-7-326��������� Cu-7-451�������� Cu-7-452

Li-7-357��������� Li-7-358��������� Cu-7-459�������� Cu-7-460

Li-7-377��������� Li-7-378��������� Cu-7-493�������� Cu-7-494

Li-7-439��������� La-7-1 ����������� Cu-7-513�������� Cu-7-514

La-7-9 ����������� La-7-10���������� Cu-7-516�������� Cu-7-517

La-7-19���������� La-7-20���������� Cu-7-538�������� Cu-7-539

La-7-44���������� La-7-45���������� Cu-7-557�������� Cu-7-558 [1969 c.601 �9]

����� 390.770 Vegetation line described. Except for the areas described by ORS 390.760, ORS 390.640 applies to all the land located along the Pacific Ocean between the Columbia River and the Oregon-California boundary between extreme low tide and the lines of vegetation as established and described according to the Oregon State Plane Coordinate System of 1927, as follows:

����� Beginning near the south jetty of the Columbia River in section 35 of township 9 north, range 11 west of the Willamette Meridian in Clatsop County, Oregon, at a point on the Oregon State Plane Coordinate System of 1927, north zone, located at y-coordinate 951,840 and x-coordinate 1,112,374, hereby designated point number Cl-7-1; thence from point number Cl-7-1 southerly along the Pacific Coast by a series of straight lines connecting the following designated, numbered and described points in consecutive order to the Oregon-California boundary line near the section line between section 26 of township 41 south, range 13 west of the Willamette Meridian in Curry County, Oregon, and section 32 of township 19 north, range 1 west of the Humboldt Meridian in Del Norte County, California, at a point on the Oregon State Plane Coordinate System of 1927, south zone, located at y-coordinate 143,339 and x-coordinate 991,832, hereby designated point number Cu-7-634.

����� Oregon State Plane Coordinate

����� System of 1927, north zone

Point

Number���������� y-coordinate��� x-coordinate

Cl-7-1� ����������� 951,840���������� 1,112,374

Cl-7-2� ����������� 951,448���������� 1,112,500

Cl-7-3� ����������� 951,011���������� 1,112,297

Cl-7-4� ����������� 950,883���������� 1,112,300

Cl-7-5� ����������� 950,172���������� 1,112,573

Cl-7-6� ����������� 947,537���������� 1,113,734

����� Description of Location of Point Number Cl-7-6: A point near the north boundary of Fort Stevens State Park located in section 1 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County.

Cl-7-7� 938,451���������� 1,117,616

����� Description of Location of Point Number Cl-7-7: A point near the south boundary of Fort Stevens State Park located in section 12 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County.

Cl-7-8� ����������� 938,232���������� 1,117,707

Cl-7-9� ����������� 936,446���������� 1,118,379

Cl-7-10����������� 934,923���������� 1,118,944

����� Description of Location of Point Number Cl-7-10: A point near the north boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-11����������� 934,462���������� 1,119,114

����� Description of Location of Point Number Cl-7-11: A point near the south boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-12����������� 928,335���������� 1,121,309

Cl-7-13����������� 924,266���������� 1,122,688

����� Description of Location of Point Number Cl-7-13: A point near the north boundary of Camp Rilea located in section 30 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-14����������� 907,691���������� 1,127,287

����� Description of Location of Point Number Cl-7-14: A point near the south boundary of Camp Rilea near the section line between sections 8 and 9 of township 7 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-14A�������� 907,381���������� 1,127,433

Cl-7-14B�������� 907,016���������� 1,127,370

Cl-7-14C�������� 906,835���������� 1,127,526

Cl-7-15����������� 905,439���������� 1,127,761

Cl-7-16����������� 904,776���������� 1,127,962

Cl-7-17����������� 903,245���������� 1,128,184

Cl-7-18����������� 902,731���������� 1,128,287

Cl-7-19����������� 901,368���������� 1,128,474

Cl-7-20����������� 898,590���������� 1,128,920

Cl-7-21����������� 896,168���������� 1,129,206

Cl-7-22����������� 890,480���������� 1,129,617

Cl-7-23����������� 887,910���������� 1,129,729

Cl-7-24����������� 886,521���������� 1,129,795

Cl-7-25����������� 884,198���������� 1,129,862

Cl-7-26����������� 881,377���������� 1,129,860

Cl-7-26A�������� 880,815���������� 1,129,949

Cl-7-27����������� 880,455���������� 1,129,849

Cl-7-28����������� 875,597���������� 1,129,783

Cl-7-29����������� 875,155���������� 1,129,814

Cl-7-30����������� 874,962���������� 1,129,941

Cl-7-31����������� 874,833���������� 1,130,075

Cl-7-32����������� 874,742���������� 1,130,275

Cl-7-33����������� 871,379���������� 1,129,723

Cl-7-34����������� 870,596���������� 1,129,609

Cl-7-35����������� 869,710���������� 1,129,493

Cl-7-36����������� 869,355���������� 1,129,382

Cl-7-37����������� 868,555���������� 1,129,147

Cl-7-38����������� 866,858���������� 1,128,737

Cl-7-38A�������� 866,773���������� 1,128,608

Cl-7-39����������� 866,671���������� 1,128,687

Cl-7-39A�������� 865,842���������� 1,128,515

Cl-7-39B�������� 865,648���������� 1,128,349

Cl-7-40����������� 864,302���������� 1,128,029

Cl-7-41����������� 861,388���������� 1,127,089

Cl-7-42����������� 860,891���������� 1,126,818

Cl-7-43����������� 860,700���������� 1,126,612

Cl-7-44����������� 860,343���������� 1,125,571

Cl-7-45����������� 860,321���������� 1,125,395

Cl-7-46����������� 860,345���������� 1,125,062

Cl-7-47����������� 860,402���������� 1,124,721

Cl-7-48����������� 860,470���������� 1,123,656

Cl-7-49����������� 860,541���������� 1,122,956

Cl-7-50����������� 860,092���������� 1,121,701

Cl-7-51����������� 859,879���������� 1,120,816

Cl-7-52����������� 859,663���������� 1,120,509

����� Description of Location of Point Number Cl-7-52: A point about one mile southwest of the City of Seaside near the north boundary of Ecola State Park near the section line between sections 29 and 30 of township 6 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-53����������� 837,531���������� 1,117,635

����� Description of Location of Point Number Cl-7-53: A point on the south side of Tillamook Head near the south boundary of Ecola State Park and near the section line between sections 18 and 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-54����������� 836,827���������� 1,117,747

Cl-7-55����������� 836,688���������� 1,117,698

����� Description of Location of Point Number Cl-7-55: A point near the north end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-56����������� 836,403���������� 1,118,094

����� Description of Location of Point Number Cl-7-56: A point near the southerly end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-57����������� 836,120���������� 1,118,264

Cl-7-58����������� 835,661���������� 1,118,331

Cl-7-59����������� 834,401���������� 1,118,606

Cl-7-60����������� 834,031���������� 1,118,861

Cl-7-61����������� 833,909���������� 1,119,099

Cl-7-61A�������� 834,060���������� 1,119,301

Cl-7-61B�������� 833,170���������� 1,119,289

Cl-7-61C�������� 832,879���������� 1,119,119

Cl-7-62����������� 832,264���������� 1,118,827

Cl-7-63����������� 832,218���������� 1,118,765

Cl-7-64����������� 832,149���������� 1,118,742

Cl-7-65����������� 829,701���������� 1,118,589

Cl-7-66����������� 829,700���������� 1,118,517

Cl-7-67����������� 829,402���������� 1,118,489

Cl-7-68����������� 829,269���������� 1,118,565

Cl-7-69����������� 827,556���������� 1,118,329

Cl-7-70����������� 827,311���������� 1,118,328

Cl-7-71����������� 826,952���������� 1,118,395

Cl-7-72����������� 826,854���������� 1,118,402

Cl-7-73����������� 826,694���������� 1,118,493

Cl-7-73A�������� 826,041���������� 1,118,595

Cl-7-74����������� 825,540���������� 1,118,654

Cl-7-74A�������� 825,033���������� 1,118,704

Cl-7-75����������� 824,406���������� 1,118,749

Cl-7-75A�������� 823,916���������� 1,118,765

Cl-7-76����������� 823,394���������� 1,118,783

����� Description of Location of Point Number Cl-7-76: A point near the north boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-77����������� 823,162���������� 1,118,834

����� Description of Location of Point Number Cl-7-77: A point near the south boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-78����������� 823,122���������� 1,118,777

Cl-7-79����������� 821,713���������� 1,118,737

Cl-7-80����������� 820,798���������� 1,118,662

Cl-7-81����������� 820,616���������� 1,118,628

Cl-7-82����������� 819,990���������� 1,118,570

Cl-7-83����������� 818,487���������� 1,118,346

Cl-7-84����������� 818,253���������� 1,118,281

Cl-7-85����������� 818,178���������� 1,118,235

Cl-7-86����������� 818,148���������� 1,118,247

Cl-7-87����������� 817,898���������� 1,118,169

Cl-7-88����������� 817,684���������� 1,118,011

Cl-7-89����������� 817,465���������� 1,117,948

Cl-7-90����������� 817,171���������� 1,118,071

Cl-7-91����������� 815,636���������� 1,118,331

Cl-7-92����������� 815,260���������� 1,118,392

Cl-7-93����������� 814,848���������� 1,118,435

Cl-7-94����������� 814,409���������� 1,118,513

Cl-7-94A�������� 814,169���������� 1,118,279

Cl-7-95����������� 814,083���������� 1,118,612

Cl-7-96����������� 813,912���������� 1,118,660

Cl-7-97����������� 812,767���������� 1,118,680

Cl-7-98����������� 811,143���������� 1,118,543

Cl-7-99����������� 810,457���������� 1,118,473

Cl-7-100��������� 809,795���������� 1,118,455

Cl-7-101��������� 809,529���������� 1,118,398

Cl-7-102��������� 809,522���������� 1,118,298

Cl-7-103��������� 809,366���������� 1,118,376

Cl-7-104��������� 809,342���������� 1,118,314

Cl-7-105��������� 809,254���������� 1,118,366

Cl-7-106��������� 808,991���������� 1,118,326

Cl-7-107��������� 808,579���������� 1,118,341

Cl-7-108��������� 808,559���������� 1,118,262

Cl-7-109��������� 808,368���������� 1,118,263

Cl-7-110��������� 808,288���������� 1,118,189

Cl-7-111��������� 808,212���������� 1,118,226

Cl-7-112��������� 808,168���������� 1,118,031

Cl-7-112A������ 808,319���������� 1,117,849

Cl-7-112B������ 808,236���������� 1,117,789

Cl-7-112C������ 808,036���������� 1,117,904

Cl-7-112D������ 808,021���������� 1,118,029

Cl-7-113��������� 807,723���������� 1,117,985

Cl-7-114��������� 807,577���������� 1,118,182

Cl-7-114A������ 807,492���������� 1,118,167

Cl-7-114B������ 807,302���������� 1,117,900

Cl-7-114C������ 807,197���������� 1,117,960

Cl-7-114D������ 807,246���������� 1,118,131

Cl-7-115��������� 806,972���������� 1,118,108

����� Description of Location of Point Number Cl-7-115: A point near the north boundary of Hug Point Park located in section 18 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-116��������� 806,841���������� 1,118,094

����� Description of Location of Point Number Cl-7-116: A point near the south boundary of Hug Point Park located near the section line between sections 18 and 19 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-117��������� 806,272���������� 1,118,031

Cl-7-118��������� 806,178���������� 1,117,848

Cl-7-118A������ 806,026���������� 1,117,849

Cl-7-119��������� 805,789���������� 1,118,058

Cl-7-120��������� 805,431���������� 1,117,949

Cl-7-120A������ 805,367���������� 1,117,779

Cl-7-121��������� 805,296���������� 1,117,776

Cl-7-122��������� 805,158���������� 1,117,930

Cl-7-123��������� 805,092���������� 1,117,892

Cl-7-124��������� 802,212���������� 1,117,559

Cl-7-125��������� 802,079���������� 1,117,577

Cl-7-126��������� 801,380���������� 1,117,374

Cl-7-127��������� 801,289���������� 1,117,358

Cl-7-128��������� 801,274���������� 1,117,370

Cl-7-129��������� 799,987���������� 1,117,070

Cl-7-130��������� 798,430���������� 1,116,632

Cl-7-131��������� 797,966���������� 1,116,576

Cl-7-132��������� 797,940���������� 1,116,740

Cl-7-133��������� 797,778���������� 1,116,650

Cl-7-134��������� 797,699���������� 1,116,278

����� Description of Location of Point Number Cl-7-134: A point at the north end of the headlands at Arch Cape located near the section line between section 25 of township 4 north, range 11 west of the Willamette Meridian and section 30 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-135��������� 795,909���������� 1,116,145

����� Description of Location of Point Number Cl-7-135: A point near the south boundary of Oswald West State Park located near the section corner common to sections 25 and 36 of township 4 north, range 11 west of the Willamette Meridian and sections 30 and 31 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-136��������� 794,385���������� 1,115,979

Cl-7-137��������� 793,087���������� 1,115,939

Cl-7-138��������� 792,118���������� 1,115,833

Cl-7-139��������� 790,613���������� 1,115,650

����� Description of Location of Point Number Cl-7-139: A point near the Clatsop-Tillamook county line.

Ti-7-1� ����������� 790,200���������� 1,115,606

Ti-7-2� ����������� 789,633���������� 1,115,579

Ti-7-3� ����������� 789,412���������� 1,115,471

����� Description of Location of Point Number Ti-7-3: A point at the south end of Cove Beach at the north end of the headlands on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-4� 788,172���������� 1,114,325

����� Description of Location of Point Number Ti-7-4: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-4A���������� 787,945���������� 1,114,326

Ti-7-5� ����������� 787,735���������� 1,114,247

Ti-7-6� ����������� 787,429���������� 1,113,987

����� Description of Location of Point Number Ti-7-6: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-7� 774,737���������� 1,118,436

����� Description of Location of Point Number Ti-7-7: A point near the south boundary of Oswald West State Park located near the section line between sections 18 and 19 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-7A���������� 774,503���������� 1,118,717

Ti-7-8� ����������� 774,092���������� 1,119,050

Ti-7-8A���������� 773,444���������� 1,119,807

Ti-7-9� ����������� 773,224���������� 1,120,065

Ti-7-10����������� 772,706���������� 1,120,476

Ti-7-11����������� 771,558���������� 1,121,062

Ti-7-12����������� 770,506���������� 1,121,228

Ti-7-13����������� 769,862���������� 1,121,397

Ti-7-14����������� 766,603���������� 1,121,776

Ti-7-15����������� 764,859���������� 1,121,874

Ti-7-16����������� 763,268���������� 1,121,881

Ti-7-17����������� 762,624���������� 1,121,940

Ti-7-18����������� 761,335���������� 1,121,889

����� Description of Location of Point Number Ti-7-18: A point near the north boundary of Nehalem Bay Park located in section 32 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-19����������� 745,172���������� 1,122,047

����� Description of Location of Point Number Ti-7-19: A point near the south boundary of Nehalem Bay Park near the south end of Nehalem Bay sand spit located in section 17 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-19A�������� 743,930���������� 1,122,166

Ti-7-20����������� 743,294���������� 1,121,234

Ti-7-21����������� 742,843���������� 1,120,931

Ti-7-22����������� 742,511���������� 1,120,795

Ti-7-23����������� 737,706���������� 1,120,158

Ti-7-24����������� 737,364���������� 1,120,200

Ti-7-25����������� 737,006���������� 1,120,377

Ti-7-26����������� 736,659���������� 1,120,284

Ti-7-27����������� 736,605���������� 1,120,194

Ti-7-28����������� 736,195���������� 1,119,992

Ti-7-29����������� 735,826���������� 1,119,914

Ti-7-30����������� 732,728���������� 1,119,396

Ti-7-31����������� 730,623���������� 1,119,099

Ti-7-32����������� 729,193���������� 1,118,966

Ti-7-32A�������� 728,795���������� 1,119,058

Ti-7-33����������� 728,495���������� 1,119,026

����� Description of Location of Point Number Ti-7-33: A point near the north boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-34����������� 728,315���������� 1,118,986

����� Description of Location of Point Number Ti-7-34: A point near the south boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-35����������� 728,102���������� 1,118,837

Ti-7-36����������� 727,685���������� 1,118,765

Ti-7-37����������� 727,585���������� 1,118,689

Ti-7-38����������� 726,959���������� 1,118,586

Ti-7-39����������� 726,532���������� 1,118,711

Ti-7-40����������� 725,838���������� 1,118,610

Ti-7-41����������� 725,699���������� 1,118,588

Ti-7-42����������� 725,611���������� 1,118,578

Ti-7-43����������� 725,148���������� 1,118,201

Ti-7-44����������� 724,087���������� 1,117,923

Ti-7-45����������� 723,843���������� 1,117,852

Ti-7-46����������� 723,687���������� 1,117,804

Ti-7-47����������� 723,393���������� 1,117,689

Ti-7-48����������� 722,609���������� 1,117,479

Ti-7-49����������� 721,882���������� 1,117,853

Ti-7-50����������� 721,363���������� 1,117,492

Ti-7-51����������� 720,771���������� 1,117,726

Ti-7-51A�������� 720,313���������� 1,117,712

Ti-7-52����������� 719,839���������� 1,117,130

Ti-7-53����������� 717,383���������� 1,116,446

Ti-7-54����������� 716,779���������� 1,116,324

Ti-7-55����������� 715,094���������� 1,115,787

Ti-7-56����������� 714,694���������� 1,115,710

Ti-7-57����������� 713,732���������� 1,115,426

Ti-7-58����������� 713,010���������� 1,115,320

Ti-7-59����������� 706,624���������� 1,117,487

Ti-7-60����������� 706,305���������� 1,117,368

Ti-7-61����������� 705,591���������� 1,117,212

Ti-7-62����������� 702,813���������� 1,116,623

Ti-7-63����������� 701,988���������� 1,116,474

Ti-7-64����������� 700,758���������� 1,116,213

Ti-7-65����������� 700,641���������� 1,116,216

Ti-7-66����������� 698,359���������� 1,115,831

Ti-7-67����������� 698,018���������� 1,115,766

Ti-7-68����������� 697,730���������� 1,115,742

Ti-7-69����������� 695,285���������� 1,115,488

Ti-7-70����������� 694,014���������� 1,115,269

Ti-7-71����������� 693,995���������� 1,115,417

Ti-7-72����������� 693,046���������� 1,115,096

Ti-7-73����������� 691,876���������� 1,114,912

Ti-7-74����������� 691,096���������� 1,114,625

Ti-7-75����������� 689,408���������� 1,114,216

Ti-7-76����������� 689,446���������� 1,114,088

Ti-7-77����������� 689,181���������� 1,113,946

Ti-7-78����������� 688,875���������� 1,113,877

Ti-7-78A�������� 688,251���������� 1,113,654

Ti-7-78B��������� 688,240���������� 1,113,576

Ti-7-79����������� 688,088���������� 1,113,584

Ti-7-80����������� 688,103���������� 1,113,499

Ti-7-81����������� 686,504���������� 1,112,939

Ti-7-82����������� 686,060���������� 1,112,666

Ti-7-83����������� 685,568���������� 1,112,260

����� Description of Location of Point Number Ti-7-83: A point near the north end of the headlands on the north side of Cape Meares located in section 7 of township 1 south, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-84����������� 679,993���������� 1,110,563

����� Description of Location of Point Number Ti-7-84: A point near the south boundary of Cape Meares Park and near the section line located between sections 13 and 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-85����������� 679,740���������� 1,110,651

Ti-7-86����������� 679,286���������� 1,110,648

Ti-7-87����������� 677,505���������� 1,110,400

Ti-7-88����������� 677,287���������� 1,110,279

����� Description of Location of Point Number Ti-7-88: A point near the north end of the headlands at the south end of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-89����������� 676,698���������� 1,110,158

����� Description of Location of Point Number Ti-7-89: A point near the south end of the headlands south of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-90����������� 676,630���������� 1,110,189

Ti-7-91����������� 676,425���������� 1,110,168

Ti-7-92����������� 676,188���������� 1,110,063

Ti-7-93����������� 675,777���������� 1,109,741

Ti-7-94����������� 675,643���������� 1,109,518

����� Description of Location of Point Number Ti-7-94: A point near the north end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-95����������� 675,616���������� 1,109,371

����� Description of Location of Point Number Ti-7-95: A point near the south end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-96����������� 675,441���������� 1,109,359

Ti-7-97����������� 675,010���������� 1,109,250

Ti-7-98����������� 674,787���������� 1,109,383

Ti-7-99����������� 673,979���������� 1,109,562

����� Description of Location of Point Number Ti-7-99: A point near the north end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-100��������� 673,842���������� 1,109,669

����� Description of Location of Point Number Ti-7-100: A point near the south end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-101��������� 673,809���������� 1,109,771

Ti-7-102��������� 673,653���������� 1,109,909

Ti-7-103��������� 673,071���������� 1,110,205

Ti-7-104��������� 672,307���������� 1,110,537

Ti-7-105��������� 671,227���������� 1,110,895

Ti-7-106��������� 670,370���������� 1,111,117

Ti-7-107��������� 670,090���������� 1,111,168

Ti-7-108��������� 669,605���������� 1,111,341

Ti-7-109��������� 668,224���������� 1,111,600

Ti-7-110��������� 667,215���������� 1,112,239

Ti-7-111��������� 666,578���������� 1,112,749

Ti-7-112��������� 666,252���������� 1,112,937

Ti-7-112A������ 665,808���������� 1,113,364

Ti-7-112B������� 665,466���������� 1,113,850

Ti-7-113��������� 662,710���������� 1,113,335

����� Description of Location of Point Number Ti-7-113: A point near the north end of the Netarts Bay sand spit located in section 6 of township 2 south, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-114��������� 628,256���������� 1,107,235

����� Description of Location of Point Number Ti-7-114: A point near the south end of the headlands on the south side of Cape Lookout located in section 1 of township 3 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-115��������� 628,048���������� 1,107,599

Ti-7-116��������� 627,769���������� 1,107,736

Ti-7-117��������� 623,918���������� 1,108,889

Ti-7-118��������� 623,459���������� 1,108,997

Ti-7-119��������� 622,032���������� 1,109,287

Ti-7-120��������� 621,511���������� 1,109,345

Ti-7-121��������� 620,938���������� 1,109,441

Ti-7-122��������� 619,547���������� 1,109,539

Ti-7-123��������� 618,468���������� 1,109,563

Ti-7-124��������� 617,144���������� 1,109,557

Ti-7-125��������� 616,033���������� 1,109,533

Ti-7-126��������� 615,652���������� 1,109,506

Ti-7-127��������� 613,316���������� 1,109,441

Ti-7-128��������� 611,375���������� 1,109,312

Ti-7-129��������� 611,076���������� 1,109,287

Ti-7-130��������� 610,497���������� 1,109,309

Ti-7-131��������� 610,236���������� 1,109,255

Ti-7-132��������� 608,446���������� 1,109,185

Ti-7-133��������� 607,963���������� 1,109,235

Ti-7-134��������� 607,726���������� 1,109,270

Ti-7-135��������� 607,570���������� 1,109,326

Ti-7-136��������� 607,363���������� 1,109,441

Ti-7-137��������� 607,271���������� 1,109,574

Ti-7-138��������� 607,215���������� 1,109,756

Ti-7-138A������ 606,590���������� 1,110,203

Ti-7-138B������� 605,488���������� 1,110,094

Ti-7-139��������� 605,446���������� 1,109,729

Ti-7-140��������� 605,357���������� 1,109,499

Ti-7-141��������� 604,728���������� 1,108,965

Ti-7-142��������� 603,187���������� 1,108,572

Ti-7-143��������� 601,827���������� 1,108,353

Ti-7-144��������� 601,528���������� 1,108,275

Ti-7-145��������� 600,384���������� 1,108,160

Ti-7-146��������� 597,511���������� 1,107,747

Ti-7-147��������� 596,001���������� 1,107,589

Ti-7-148��������� 595,439���������� 1,107,538

Ti-7-149��������� 595,111���������� 1,107,567

Ti-7-150��������� 594,576���������� 1,107,360

Ti-7-151��������� 593,266���������� 1,107,033

Ti-7-152��������� 592,923���������� 1,106,907

Ti-7-153��������� 592,375���������� 1,106,812

Ti-7-154��������� 592,043���������� 1,106,723

Ti-7-155��������� 591,495���������� 1,106,642

Ti-7-156��������� 591,069���������� 1,106,555

Ti-7-157��������� 590,917���������� 1,106,452

Ti-7-158��������� 590,692���������� 1,106,577

Ti-7-159��������� 589,950���������� 1,106,387

Ti-7-160��������� 589,555���������� 1,106,357

Ti-7-161��������� 589,508���������� 1,106,294

Ti-7-162��������� 588,511���������� 1,106,271

Ti-7-163��������� 588,166���������� 1,106,184

Ti-7-164��������� 587,443���������� 1,105,946

Ti-7-165��������� 586,940���������� 1,105,880

Ti-7-166��������� 586,541���������� 1,105,690

Ti-7-167��������� 586,307���������� 1,105,425

Ti-7-168��������� 586,275���������� 1,105,303

����� Description of Location of Point Number Ti-7-168: A point near the north end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-169��������� 584,879���������� 1,105,024

����� Description of Location of Point Number Ti-7-169: A point near the south end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-170��������� 584,943���������� 1,105,176

Ti-7-171��������� 584,920���������� 1,105,306

Ti-7-172��������� 584,785���������� 1,105,489

Ti-7-173��������� 584,486���������� 1,105,725

Ti-7-174��������� 584,067���������� 1,105,949

Ti-7-175��������� 583,794���������� 1,106,060

Ti-7-176��������� 582,447���������� 1,106,291

Ti-7-177��������� 581,986���������� 1,106,320

Ti-7-178��������� 580,712���������� 1,106,517

Ti-7-179��������� 579,529���������� 1,106,630

Ti-7-180��������� 578,628���������� 1,106,654

Ti-7-181��������� 577,896���������� 1,106,615

Ti-7-182��������� 577,310���������� 1,106,645

Ti-7-183��������� 576,545���������� 1,106,588

����� Description of Location of Point Number Ti-7-183: A point near the north boundary of the Nestucca Spit Park located in section 25 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-184��������� 563,870���������� 1,105,586

����� Description of Location of Point Number Ti-7-184: A point near the south end of the Nestucca Bay sand spit located in section 1 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-185��������� 563,121���������� 1,105,422

Ti-7-186��������� 562,775���������� 1,105,342

Ti-7-187��������� 562,449���������� 1,104,966

Ti-7-188��������� 562,278���������� 1,104,854

Ti-7-189��������� 561,494���������� 1,104,672

Ti-7-190��������� 561,308���������� 1,104,578

Ti-7-191��������� 560,941���������� 1,104,548

Ti-7-192��������� 560,790���������� 1,104,497

Ti-7-193��������� 560,754���������� 1,104,397

Ti-7-194��������� 560,593���������� 1,104,376

Ti-7-195��������� 560,372���������� 1,104,290

Ti-7-196��������� 560,241���������� 1,104,283

Ti-7-197��������� 560,241���������� 1,104,363

Ti-7-198��������� 560,165���������� 1,104,416

Ti-7-199��������� 559,565���������� 1,104,234

Ti-7-200��������� 558,914���������� 1,104,283

Ti-7-201��������� 558,132���������� 1,104,133

Ti-7-202��������� 557,720���������� 1,104,136

Ti-7-203��������� 557,416���������� 1,104,200

Ti-7-204��������� 557,271���������� 1,104,163

Ti-7-205��������� 557,145���������� 1,104,234

Ti-7-206��������� 556,767���������� 1,104,137

Ti-7-207��������� 556,598���������� 1,103,953

Ti-7-208��������� 556,495���������� 1,103,660

Ti-7-209��������� 556,206���������� 1,103,587

Ti-7-210��������� 555,796���������� 1,103,647

Ti-7-210A������ 555,558���������� 1,103,839

Ti-7-210B������� 555,399���������� 1,103,485

Ti-7-211��������� 555,268���������� 1,103,430

Ti-7-212��������� 555,080���������� 1,103,479

Ti-7-213��������� 554,132���������� 1,103,160

Ti-7-214��������� 553,822���������� 1,103,024

Ti-7-215��������� 552,907���������� 1,103,002

Ti-7-216��������� 552,509���������� 1,102,822

Ti-7-217��������� 552,330���������� 1,102,906

Ti-7-218��������� 552,144���������� 1,102,790

Ti-7-219��������� 551,268���������� 1,102,583

Ti-7-220��������� 550,789���������� 1,102,443

Ti-7-221��������� 550,365���������� 1,102,446

Ti-7-222��������� 550,132���������� 1,102,342

Ti-7-223��������� 549,616���������� 1,102,223

Ti-7-224��������� 549,021���������� 1,102,086

Ti-7-225��������� 548,515���������� 1,102,174

Ti-7-226��������� 548,045���������� 1,101,928

Ti-7-227��������� 547,650���������� 1,101,841

Ti-7-228��������� 547,137���������� 1,101,762

Ti-7-229��������� 546,721���������� 1,101,592

Ti-7-230��������� 546,598���������� 1,101,590

Ti-7-231��������� 546,179���������� 1,101,457

Ti-7-232��������� 545,927���������� 1,101,496

Ti-7-233��������� 545,736���������� 1,101,282

Ti-7-234��������� 545,227���������� 1,101,182

Ti-7-234A������ 544,521���������� 1,100,882

Ti-7-235��������� 544,030���������� 1,100,781

Ti-7-236��������� 543,486���������� 1,100,741

Ti-7-237��������� 543,049���������� 1,100,540

Ti-7-238��������� 542,679���������� 1,100,713

Ti-7-239��������� 542,576���������� 1,100,809

Ti-7-239A������ 542,571���������� 1,100,910

Ti-7-239B������� 542,633���������� 1,100,971

Ti-7-239C������� 542,222���������� 1,101,135

Ti-7-240��������� 541,526���������� 1,100,550

Ti-7-241��������� 541,447���������� 1,100,496

Ti-7-242��������� 541,422���������� 1,100,430

Ti-7-243��������� 540,945���������� 1,100,110

Ti-7-244��������� 540,457���������� 1,100,012

Ti-7-245��������� 540,099���������� 1,099,832

Ti-7-246��������� 539,845���������� 1,099,625

Ti-7-247��������� 539,847���������� 1,099,586

Ti-7-248��������� 539,744���������� 1,099,482

Ti-7-249��������� 539,703���������� 1,099,466

����� Description of Location of Point Number Ti-7-249: A point near the north end of the headlands on the north side of Cascade Head located in section 35 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-250��������� 523,326���������� 1,094,861

����� Description of Location of Point Number Ti-7-250: A point near the east end of the headlands on the south side of Cascade Head located in section 14 of township 6 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-250A������ 522,807���������� 1,095,300

Ti-7-250B������� 522,247���������� 1,095,417

Ti-7-251��������� 522,189���������� 1,095,089

Ti-7-252��������� 521,960���������� 1,094,886

Li-7-1� 521,877���������� 1,094,819

����� Description of Location of Point Number Li-7-1: A point near the Tillamook-Lincoln county line.

Li-7-2� ����������� 519,691���������� 1,094,773

Li-7-2A���������� 519,502���������� 1,094,647

����� Description of Location of Point Number Li-7-2A: A point near the north end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-3� ����������� 519,537���������� 1,094,519

����� Description of Location of Point Number Li-7-3: A point near the southwest end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-4� ����������� 519,263���������� 1,094,410

Li-7-5� ����������� 519,133���������� 1,094,540

Li-7-6� ����������� 518,997���������� 1,094,408

Li-7-7� ����������� 518,796���������� 1,094,379

Li-7-8� ����������� 518,587���������� 1,094,221

Li-7-9� ����������� 518,396���������� 1,093,880

Li-7-10����������� 518,408���������� 1,093,725

����� Description of Location of Point Number Li-7-10: A point near the north end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-11����������� 518,136���������� 1,093,626

����� Description of Location of Point Number Li-7-11: A point near the south end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-12����������� 518,059���������� 1,093,671

Li-7-13����������� 517,822���������� 1,093,636

Li-7-14����������� 517,635���������� 1,093,559

Li-7-15����������� 517,461���������� 1,093,343

Li-7-16����������� 517,415���������� 1,093,152

Li-7-17����������� 517,434���������� 1,092,979

����� Description of Location of Point Number Li-7-17: A point near the north end of the headlands north of the Town of Road�s End located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-18����������� 515,292���������� 1,092,596

����� Description of Location of Point Number Li-7-18: A point near the south end of the headlands north of the Town of Road�s End located in section 27 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-19����������� 515,261���������� 1,092,731

Li-7-20����������� 515,117���������� 1,092,921

Li-7-21����������� 515,021���������� 1,093,010

Li-7-22����������� 514,830���������� 1,093,127

Li-7-23����������� 514,602���������� 1,093,209

Li-7-24����������� 514,370���������� 1,093,270

Li-7-25����������� 514,191���������� 1,093,279

Li-7-26����������� 513,830���������� 1,093,339

Li-7-27����������� 513,491���������� 1,093,357

Li-7-28����������� 512,314���������� 1,093,322

Li-7-29����������� 512,224���������� 1,093,336

Li-7-30����������� 510,514���������� 1,093,245

Li-7-31����������� 509,812���������� 1,093,179

Li-7-32����������� 509,682���������� 1,093,143

Li-7-33����������� 509,435���������� 1,093,101

Li-7-34����������� 509,375���������� 1,093,122

Li-7-35����������� 509,069���������� 1,093,034

Li-7-36����������� 508,017���������� 1,092,828

Li-7-37����������� 506,696���������� 1,092,542

Li-7-38����������� 504,869���������� 1,092,195

Li-7-39����������� 504,734���������� 1,092,146

Li-7-40����������� 504,400���������� 1,092,088

Li-7-41����������� 504,271���������� 1,092,007

Li-7-42����������� 504,166���������� 1,091,988

Li-7-43����������� 504,008���������� 1,092,005

Li-7-44����������� 503,674���������� 1,091,912

Li-7-45����������� 503,312���������� 1,091,872

Li-7-46����������� 503,204���������� 1,091,869

Li-7-47����������� 502,847���������� 1,091,774

Li-7-48����������� 502,714���������� 1,091,763

Li-7-49����������� 502,386���������� 1,091,756

Li-7-50����������� 502,225���������� 1,091,693

Li-7-51����������� 502,143���������� 1,091,693

Li-7-52����������� 502,088���������� 1,091,657

Li-7-53����������� 501,988���������� 1,091,631

Li-7-54����������� 501,944���������� 1,091,624

Li-7-55����������� 501,722���������� 1,091,592

Li-7-56����������� 501,588���������� 1,091,528

Li-7-57����������� 501,497���������� 1,091,503

Li-7-58����������� 501,390���������� 1,091,497

Li-7-59����������� 501,365���������� 1,091,486

Li-7-60����������� 501,321���������� 1,091,474

Li-7-61����������� 501,298���������� 1,091,463

Li-7-62����������� 500,850���������� 1,091,391

Li-7-63����������� 500,718���������� 1,091,411

Li-7-64����������� 499,879���������� 1,091,274

Li-7-65����������� 499,385���������� 1,091,157

Li-7-66����������� 498,670���������� 1,091,061

Li-7-67����������� 497,823���������� 1,090,866

Li-7-68����������� 497,233���������� 1,090,690

Li-7-69����������� 496,422���������� 1,090,594

Li-7-70����������� 495,945���������� 1,090,488

Li-7-71����������� 494,473���������� 1,090,275

Li-7-72����������� 494,420���������� 1,090,363

Li-7-73����������� 494,284���������� 1,090,309

����� Description of Location of Point Number Li-7-73: A point near the north boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-74����������� 493,843���������� 1,090,125

����� Description of Location of Point Number Li-7-74: A point near the south boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-75����������� 493,814���������� 1,090,060

Li-7-76����������� 492,402���������� 1,089,616

Li-7-77����������� 491,260���������� 1,089,342

Li-7-78����������� 491,166���������� 1,089,322

Li-7-79����������� 490,870���������� 1,089,247

Li-7-80����������� 489,928���������� 1,089,005

Li-7-81����������� 489,620���������� 1,088,961

Li-7-82����������� 488,669���������� 1,088,949

Li-7-82A�������� 488,637���������� 1,088,889

Li-7-83����������� 488,075���������� 1,088,663

Li-7-84����������� 487,626���������� 1,088,428

Li-7-85����������� 486,116���������� 1,088,374

Li-7-86����������� 485,659���������� 1,088,303

Li-7-87����������� 485,091���������� 1,088,202

Li-7-88����������� 484,395���������� 1,088,116

Li-7-89����������� 484,358���������� 1,088,149

Li-7-90����������� 484,251���������� 1,088,115

Li-7-91����������� 483,284���������� 1,087,949

Li-7-92����������� 482,954���������� 1,087,979

Li-7-93����������� 482,712���������� 1,087,963

Li-7-94����������� 482,628���������� 1,087,904

Li-7-95����������� 482,564���������� 1,088,018

Li-7-96����������� 482,139���������� 1,088,011

Li-7-97����������� 480,591���������� 1,087,794

Li-7-98����������� 480,279���������� 1,087,846

Li-7-98A�������� 480,081���������� 1,087,939

Li-7-98B�������� 479,857���������� 1,088,114

Li-7-98C�������� 479,781���������� 1,088,257

Li-7-98D�������� 479,611���������� 1,088,768

Li-7-98E��������� 478,500���������� 1,088,109

Li-7-99����������� 478,397���������� 1,087,758

Li-7-100��������� 478,143���������� 1,087,509

Li-7-101��������� 476,617���������� 1,086,979

Li-7-102��������� 475,960���������� 1,086,770

Li-7-103��������� 474,682���������� 1,086,574

Li-7-104��������� 472,997���������� 1,086,230

Li-7-104A������ 471,682���������� 1,085,904

Li-7-105��������� 471,222���������� 1,085,803

Li-7-106��������� 469,714���������� 1,085,429

Li-7-107��������� 468,683���������� 1,085,187

Li-7-108��������� 467,756���������� 1,084,910

Li-7-108A������ 466,950���������� 1,084,728

Li-7-109��������� 466,375���������� 1,084,556

Li-7-110��������� 465,880���������� 1,084,494

Li-7-111��������� 464,770���������� 1,084,177

Li-7-112��������� 463,989���������� 1,084,045

Li-7-113��������� 463,900���������� 1,084,075

Li-7-114��������� 463,616���������� 1,083,926

Li-7-115��������� 463,441���������� 1,083,928

Li-7-116��������� 462,754���������� 1,083,621

Li-7-117��������� 461,686���������� 1,083,458

Li-7-118��������� 461,447���������� 1,083,355

����� Description of Location of Point Number Li-7-118: A point near the north boundary of Gleneden Beach State Wayside located in section 16 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-119��������� 460,819���������� 1,083,224

����� Description of Location of Point Number Li-7-119: A point near the south boundary of Gleneden Beach State Wayside located in section 16 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-120��������� 460,676���������� 1,083,165

Li-7-121��������� 460,619���������� 1,083,189

Li-7-122��������� 460,479���������� 1,083,124

Li-7-123��������� 459,842���������� 1,083,160

Li-7-124��������� 459,810���������� 1,083,056

Li-7-125��������� 459,526���������� 1,082,851

Li-7-126��������� 458,278���������� 1,082,499

Li-7-127��������� 457,957���������� 1,082,503

Li-7-128��������� 457,823���������� 1,082,373

Li-7-129��������� 457,388���������� 1,082,257

Li-7-130��������� 457,345���������� 1,082,264

Li-7-131��������� 456,943���������� 1,082,145

Li-7-132��������� 456,756���������� 1,082,195

Li-7-133��������� 456,730���������� 1,082,131

Li-7-134��������� 456,340���������� 1,081,936

Li-7-135��������� 455,440���������� 1,081,686

Li-7-136��������� 455,234���������� 1,081,688

Li-7-137��������� 455,151���������� 1,081,688

Li-7-138��������� 454,875���������� 1,081,542

Li-7-139��������� 454,469���������� 1,081,462

Li-7-140��������� 454,339���������� 1,081,439

Li-7-141��������� 454,258���������� 1,081,423

Li-7-142��������� 453,718���������� 1,081,178

Li-7-143��������� 453,426���������� 1,081,102

Li-7-144��������� 452,947���������� 1,081,025

Li-7-145��������� 452,852���������� 1,080,925

Li-7-146��������� 451,855���������� 1,080,644

Li-7-147��������� 451,729���������� 1,080,569

Li-7-148��������� 451,344���������� 1,080,438

Li-7-149��������� 451,162���������� 1,080,331

Li-7-150��������� 451,005���������� 1,080,288

����� Description of Location of Point Number Li-7-150: A point near the north boundary of Lincoln Beach State Wayside located in section 28 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-151��������� 450,586���������� 1,080,122

����� Description of Location of Point Number Li-7-151: A point near the south boundary of Lincoln Beach State Wayside located in section 28 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-152��������� 450,196���������� 1,079,877

Li-7-153��������� 450,126���������� 1,079,731

Li-7-154��������� 450,167���������� 1,079,513

����� Description of Location of Point Number Li-7-154: A point near the north end of the headlands on the north side of Fishing Rock located in section 29 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-155��������� 449,614���������� 1,079,632

����� Description of Location of Point Number Li-7-155: A point near the south end of the headlands on the south side of Fishing Rock located in section 29 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-156��������� 449,234���������� 1,079,367

Li-7-157��������� 448,636���������� 1,079,264

Li-7-158��������� 448,598���������� 1,079,333

Li-7-159��������� 448,314���������� 1,079,308

Li-7-160��������� 448,214���������� 1,079,378

Li-7-161��������� 448,095���������� 1,079,385

����� Description of Location of Point Number Li-7-161: A point near the north boundary of Fogarty Creek State Park located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-162��������� 447,462���������� 1,079,064

����� Description of Location of Point Number Li-7-162: A point near the south boundary of Fogarty Creek State Park located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-163��������� 447,359���������� 1,078,881

Li-7-164��������� 447,289���������� 1,078,862

Li-7-165��������� 447,192���������� 1,078,622

����� Description of Location of Point Number Li-7-165: A point near the north end of the headlands on the north side of Boiler Bay located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-166��������� 430,584���������� 1,073,460

����� Description of Location of Point Number Li-7-166: A point near the northwest end of the headlands on the north side of Whale Cove located in section 18 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-166A������ 430,612���������� 1,073,565

Li-7-166B������ 430,470���������� 1,073,776

Li-7-166C������ 430,518���������� 1,073,943

Li-7-167��������� 430,432���������� 1,074,035

Li-7-167A������ 430,274���������� 1,074,000

����� Description of Location of Point Number Li-7-167A: A point near the southeast end of a short sand beach on the northeast side of Whale Cove located in section 17 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-168��������� 416,791���������� 1,074,778

����� Description of Location of Point Number Li-7-168: A point near the south end of the headlands south of Otter Crest located in section 29 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-169��������� 416,481���������� 1,074,645

Li-7-170��������� 416,355���������� 1,074,507

����� Description of Location of Point Number Li-7-170: A point near the north end of the headlands north of Devil�s Punch Bowl located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-171��������� 415,895���������� 1,074,529

����� Description of Location of Point Number Li-7-171: A point near the south end of the headlands north of Devil�s Punch Bowl located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

ORS 401.836

401.836]

����� 403.345 Election of board members. At the regular district election, successors to the board members whose terms expire must be elected as follows:

����� (1) In an unzoned district, if two board members are to be elected, the candidates receiving the first and second highest vote are elected. If three or four board members are to be elected, the candidates receiving the first, second or third or first, second, third and fourth highest vote are elected.

����� (2) In a district that is zoned under ORS 403.340:

����� (a) If a board member is to be elected by the electors of a zone, the candidate who receives the highest vote from the zone is elected.

����� (b) If a board member is to be elected by the electors of the entire district, the candidate receiving the highest vote among the candidates nominated from the same zone is elected. [Formerly 401.838]

����� 403.350 Changing manner of electing board members; requirements; election. (1) The question of whether to change the method adopted by the district for nominating and electing board members must be decided by election. The district board:

����� (a) May order the election on its own resolution; or

����� (b) Shall order the election if a petition is filed as provided in this section.

����� (2) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section are as provided for an initiative petition in ORS 255.135 to 255.205.

����� (3) If the question proposes creation of zones or a change in the boundaries of existing zones, the following requirements apply:

����� (a) The petition must contain a map indicating the proposed zone boundaries. The map must be attached to the cover sheet of the petition and may not exceed 14 inches by 17 inches in size.

����� (b) Notwithstanding ORS 250.035, the statement summarizing the measure and its major effect in the ballot title may not exceed 150 words. The statement:

����� (A) Must specify the method of nomination and election of board members from among the methods described in ORS 403.340.

����� (B) Must include a general description of the proposed boundaries of the zones, using streets and other generally recognized features.

����� (c) The order calling the election must contain a map of the proposed zone boundaries and a metes and bounds or legal description of the proposed zone boundaries. The map and description must be prepared by the county surveyor or county assessor and must reflect any adjustments made in the boundaries under subsection (6) of this section.

����� (4) The map to be contained in the petition under subsection (3) of this section must be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk may not accept the prospective petition for filing until the chief petitioners have paid the amount due.

����� (5) Subsection (3) of this section does not apply if the question proposes abolition of all zones.

����� (6) Before submitting to election a question to which subsection (3) of this section applies, the district board shall adjust the proposed boundaries of the zones to make them as nearly equal in population as feasible according to the latest federal census. The district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries.

����� (7) If the electors of the district approve the establishment of zones or a change in the boundaries of existing zones, board members shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by zone must be filled by persons who reside within zones which are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member must be decided by lot. [Formerly 401.839]

����� 403.355 Changing number and manner of electing board members at same election; separate questions. A question of changing the method of nominating and electing district board members under ORS 403.350 and a question of increasing or decreasing the number of district board members under ORS 403.330 may be submitted to the electors of a district at the same regular district election. However, the questions must be submitted to the electors as separate questions. [Formerly 401.841]

����� 403.360 General district powers. A 9-1-1 communications district has the power:

����� (1) To have and use a common seal.

����� (2) To sue and be sued in its name.

����� (3) To make and accept any and all contracts, deeds, leases, releases and documents of any kind which, in the judgment of the board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims or demands.

����� (4) To assess, levy and collect taxes to pay:

����� (a) The cost of acquiring sites for and constructing, reconstructing, altering, operating and maintaining the components of the emergency communications system within the 9-1-1 service area;

����� (b) A lawful claim against the district; and

����� (c) The operating expenses of the district.

����� (5) To employ all necessary agents and assistants.

����� (6) To call elections after the formation of the district.

����� (7) To enlarge the boundaries of the district as provided by ORS 198.705 to 198.955.

����� (8) To do and perform any and all acts necessary and proper to the complete exercise and effect of any of its powers or the purposes for which it was formed. [Formerly

ORS 403.250

403.250.

����� (n) Law enforcement services.

����� (o) Human services.

����� (p) Cemetery maintenance.

����� (q) Animal control.

����� (2) Within the geographical jurisdiction of any local government boundary commission established by or pursuant to ORS 199.410 to 199.519, in addition to the purposes described in subsection (1) of this section, master plans and service districts may be established as provided by this chapter regarding:

����� (a) Fire prevention and protection.

����� (b) Hospital and ambulance services.

����� (c) Vector control.

����� (d) Weather modification.

����� (3) Within the boundaries of any subdivision, service districts may be established as provided by this chapter regarding:

����� (a) Fire prevention and protection.

����� (b) Security services provided by contract with an association of homeowners whose property is located entirely within the boundaries of the service district, which services may include the enforcement of the rules or regulations of the association dealing with public access to or the use of the property of the association, routine patrolling and inspection of private areas located within the jurisdiction of the association and matters of traffic and safety within such areas.

����� (c) Law enforcement services.

����� (d) Hospital and ambulance services.

����� (e) Vector control.

����� (f) Activities set forth in subsection (1)(a), (f), (g), (j) and (m) of this section.

����� (4) As used in subsection (3) of this section, �subdivision� means a subdivision as defined by ORS 92.010 or any contiguous group of such subdivisions that:

����� (a) Is a planned community within the meaning of ORS 94.550 without regard to whether such subdivision or group of subdivisions is subject to ORS 94.550 to 94.783;

����� (b) Is located entirely within an unincorporated area and is everywhere separated by a distance of five miles or more from an urban growth boundary described in an acknowledged comprehensive plan of a city or the urban growth boundary adopted by a metropolitan service district under ORS 268.390 (3); and

����� (c) Prior to the establishment of a service district under subsection (3) of this section, is designated a subdivision for purposes of this subsection by the governing body of the county in which the subdivision or group of subdivisions is located.

����� (5) Within the boundaries of Washington County, master plans and service districts may be established as provided by this chapter regarding water resource management services that affect the quality and quantity of water within a single watershed, basin or planning area. As used in this subsection, �water resource management services� means:

����� (a) Planning for and provision of two or more services or facilities such as sewage works, drainage works, surface water management, endangered species recovery management, water quality management, diking and flood control works, river flow management, water supply works, wastewater reuse and irrigation facilities.

����� (b) Activities ancillary to the services and facilities listed in paragraph (a) of this subsection, including facilities for the production, sale or purchase of energy when such facilities are integrated in a master plan adopted under ORS 451.120. [1963 c.515 �2; 1965 c.246 �1; 1967 c.538 �1; 1971 c.674 �1; 1971 c.687 �1; 1973 c.211 �1; 1973 c.785 �1; 1975 c.630 �1; 1977 c.60 �1; 1977 c.287 �1; 1979 c.221 �1; 1985 c.472 �1; 1987 c.525 �1; 1989 c.668 �1; 1989 c.793 �24; 1995 c.303 �2; 1999 c.166 �1; 1999 c.677 �66; 1999 c.759 �1; 2005 c.101 �1; 2005 c.510 �1; 2015 c.247 �34]

MASTER PLANS

����� 451.110 Definitions for ORS 451.110 to 451.140. As used in ORS 451.110 to 451.140, unless the context indicates otherwise:

����� (1) �County court� includes the board of county commissioners.

����� (2) �Service facilities� means public service installations, works or services provided within a county for any or all of the purposes specified in ORS 451.010. [1955 c.509 �1; 1963 c.515 �3; 1967 c.249 �1; 1973 c.785 �2]

����� 451.120 Master plans for development of service facilities. (1) The county court of any county may, for the protection of the health, safety and general welfare, prepare and adopt coordinated master plans for the development of service facilities:

����� (a) To serve unincorporated areas in the county; and

����� (b) For a service district established under ORS 451.410 to 451.600 and for which the county court serves as governing body, to serve all areas within or served by the district.

����� (2) Master plans adopted under this section shall be coordinated with the comprehensive plans of the affected cities and counties. [1955 c.509 �2; 1961 c.576 �1; 1963 c.515 �4; 1973 c.785 �3; 1989 c.429 �1]

����� 451.130 Conformity to master plan; approval. After a coordinated master plan has been adopted under ORS 451.120, the county court may enforce such plan by requiring that plans for the installation or operation of service facilities in areas under county jurisdiction outside the boundaries of cities or in areas within or served by a service district be submitted to the county court for approval, and that such installation or operation shall conform to the master plan. [1955 c.509 �3; 1961 c.576 �2; 1963 c.515 �5; 1969 c.646 �1; 1989 c.429 �2]

����� 451.140 Powers of county court under ORS 451.110 to 451.140. In carrying out the powers granted to the county court under ORS 451.110 to 451.140, the county court may:

����� (1) Conduct such surveys and investigations as may be necessary to develop coordinated master plans as provided in ORS 451.120.

����� (2) Provide for the administration and enforcement of such master plans by engineering analysis, inspection or other appropriate means.

����� (3) Enter into contracts or agreements with cities, other counties or county service districts for public transportation, the federal government, state agencies, the special districts enumerated in ORS 451.573 or any person or private corporation for a period not to exceed 30 years for the cooperative financing of the preparation and enforcement of coordinated master plans as provided in ORS 451.120 and

ORS 413.031

413.031; 2019 c.456 �10; 2021 c.191 �8; 2021 c.615 �7]

����� 413.105 Deposit of reimbursements received for medical assistance expenditures. All sums of money recovered by or paid to the Oregon Health Authority as reimbursement for funds expended for medical assistance shall be paid into the Oregon Health Authority Fund established by ORS 413.101 and may be used for the provision and administration of medical assistance. However, the United States Government is entitled to a share of any amount received as its interest may appear, which shall be promptly paid to the United States Government. [2011 c.720 �46]

����� Note: 413.105 to 413.151 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 413 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� Note: Section 41, chapter 602, Oregon Laws 2023, provides:

����� Sec. 41. (1) Subject to subsection (2) of this section, the Department of Justice shall deposit proceeds from the Juul Settlement, plus any interest earned on such proceeds, into the Oregon Health Authority Fund established under ORS 413.101, to be expended for purposes consistent with the terms of the settlement.

����� (2) Before making the deposit under subsection (1) of this section, the Department of Justice shall deduct from the proceeds the amount of costs and expenses of the department associated with the settlement.

����� (3) As used in this section, �Juul Settlement� means the settlement between the State of Oregon and Juul Labs, Inc. announced on September 6, 2022, and any modifications thereto. [2023 c.602 �41]

����� 413.109 Acceptance and expenditures of funds received from private sources. (1) The Oregon Health Authority may accept funds, money or other valuable things from relatives, corporations or interested persons or organizations for the care and support of needy persons and may expend the same for the care and support of the individual or individuals for whom the moneys were paid.

����� (2) The authority may accept from individuals, corporations and organizations contributions or gifts in cash or otherwise that shall be disbursed in the same manner as moneys appropriated for medical assistance purposes, unless the donor of a gift stipulates a different manner in which a gift must be expended. Moneys received under this section shall be deposited with the State Treasurer in an account separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the department for the purposes specified in this section. [2011 c.720 �45; 2013 c.688 �66]

����� Note: See first note under 413.105.

����� 413.110 [Amended by 1955 c.381 �1; 1971 c.779 �42; repealed by 2005 c.381 �30]

����� 413.115 Opioid Reversal Medication and Harm Reduction Clearinghouse Bulk Purchasing Fund. (1) The Opioid Reversal Medication and Harm Reduction Clearinghouse Bulk Purchasing Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Opioid Reversal Medication and Harm Reduction Clearinghouse Bulk Purchasing Fund shall be credited to the fund.

����� (2) The Opioid Reversal Medication and Harm Reduction Clearinghouse Bulk Purchasing Fund consists of:

����� (a) Moneys received by the Oregon Health Authority from opioid litigation settlements;

����� (b) Grants awarded for the purpose of addressing substance use and overdose epidemics;

����� (c) Other gifts, grants, bequests, endowments or donations made to the fund; and

����� (d) Moneys appropriated to the fund by the Legislative Assembly.

����� (3) The moneys in the Opioid Reversal Medication and Harm Reduction Clearinghouse Bulk Purchasing Fund are continuously appropriated to the Oregon Health Authority for expenses related to opioid harm reduction. [2023 c.602 �48]

����� Note: 413.115 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 413.120 [Amended by 1955 c.381 �2; 1961 c.620 �15; 1965 c.43 �1; 1973 c.651 �9; 2005 c.22 �283; repealed by 2005 c.381 �30]

����� 413.121 Oregon Health Authority Special Checking Account. (1) There is established an Oregon Health Authority Special Checking Account in the State Treasury. Upon the written request of the Director of the Oregon Health Authority, the Oregon Department of Administrative Services shall draw payments in favor of the authority to be charged against appropriations and other moneys available to the authority in the same manner as other claims against the state, as provided in ORS chapter 293. All such payments shall be deposited in the special checking account and may be disbursed by check or other means acceptable to the State Treasurer.

����� (2) The special checking account may be used for the purpose of paying the administrative expenses of programs and services as assigned to the authority by law, including the payment of expenses to be reimbursed by the federal government.

����� (3) In addition to funds authorized under ORS 293.180, the authority may establish petty cash funds out of the special checking account or any account established in the State Treasury for the authority. The authority may pay expenses using small cash disbursements from a petty cash fund. Periodically, the authority shall request reimbursement for disbursements made from a petty cash fund. Upon receipt of a reimbursement payment from an appropriate account, the authority shall use the payment to reimburse the petty cash fund. [2011 c.720 �37]

����� Note: See first note under 413.105.

����� 413.125 Revolving fund. (1) On written request of the Oregon Health Authority, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the authority for operating expenses for use by the authority as a revolving fund. The revolving fund may not exceed the aggregate sum of $100,000 including unreimbursed advances. The revolving fund shall be deposited with the State Treasurer to be held in a special account against which the authority may draw checks.

����� (2) The revolving fund may be used by the authority:

����� (a) To pay for or advance travel expenses for employees of the authority and for any consultants or advisers for whom payment of travel expenses is authorized by law;

����� (b) For purchases required from time to time; or

����� (c) For receipt or disbursement of federal funds available under federal law.

����� (3) All claims for reimbursement of amounts paid from the revolving fund must be approved by the authority and by the department. When such claims are approved, the department shall draw a warrant covering them against the appropriate fund or account in favor of the authority. The authority shall use the moneys to reimburse the revolving fund. [2011 c.720 �40]

����� Note: See first note under 413.105.

����� 413.127 [2013 c.177 �2; repealed by 2015 c.829 �9]

����� 413.129 Aggregation of warrants and payments. The Oregon Department of Administrative Services shall draw warrants in favor of the Oregon Health Authority for the aggregate amounts of the authority�s expenses. The authority shall deposit the warrants in the State Treasury in a checking account in reimbursement of those expenses. The authority may draw its checks on the State Treasury in favor of the persons, firms, corporations, associations or counties entitled to payment under rules of the authority so as to include in single combined payments for specified periods all moneys allotted to particular payees from various sources for the period. [2011 c.720 �39]

����� Note: See first note under 413.105.

����� 413.130 [Amended by 1961 c.620 �16; 1969 c.203 �6; repealed by 2005 c.381 �30]

����� 413.135 Combining and eliminating accounts. Notwithstanding any other law, the Oregon Health Authority may, with the approval of the Oregon Department of Administrative Services and the State Treasurer, combine or eliminate any accounts that are established in statute and appropriated to the authority if economy and efficiency in operations can be obtained and the combination or elimination of accounts does not substantially alter the intent of the authorizing statutes. When accounts are combined, the Oregon Health Authority retains the authority granted by the statutes establishing the accounts. [2011 c.720 �38]

����� Note: See first note under 413.105.

����� 413.140 [Amended by 1961 c.620 �17; 1969 c.203 �7; 2003 c.14 �186; repealed by 2005 c.381 �30]

����� 413.150 [Renumbered 413.025]

����� 413.151 Setoff of liquidated and delinquent debts. Liquidated and delinquent debts owed to the Oregon Health Authority may be set off against amounts owed by the authority to the debtors. [2011 c.720 �43]

����� Note: See first note under 413.105.

����� 413.160 [Amended by 1957 c.56 �3; 1971 c.779 �43; repealed by 2005 c.381 �30]

COLLECTION, RETENTION AND DISCLOSURE OF RECORDS

����� 413.161 Collection of data on race, ethnicity, language, disability status, sexual orientation and gender identity; rules. (1) The Oregon Health Authority, in collaboration with the Department of Human Services, shall adopt by rule uniform standards, based on local, statewide and national best practices, for the collection of data on race, ethnicity, preferred spoken and written languages, disability status, sexual orientation and gender identity. The authority and the department shall use the standards, to the greatest extent practicable, in surveys conducted and in all programs in which the authority or the department collects, records or reports the data described in this subsection. The authority and the department shall review and update the standards at least once every two years to ensure that the standards are efficient, uniform and consistent with best practices.

����� (2) The authority shall appoint an advisory committee in accordance with ORS 183.333 composed of individuals likely to be affected by the standards and advocates for individuals likely to be affected by the standards.

����� (3) Any data collected by the authority or the department in accordance with uniform standards adopted under subsection (1) of this section is subject to ORS

ORS 414.768

414.768; 2025 c.539 �8]

����� 414.670 [1983 c.590 �6; 1985 c.747 �3a; 1991 c.66 �28; repealed by 2009 c.595 �1204]

����� 414.671 Report on status of doulas. (1) No later than September 15 of each even-numbered year, the Oregon Health Authority, in coordination with the Traditional Health Workers Commission, shall report on the status of doulas in this state, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to health.

����� (2) The report described in subsection (1) of this section must include information about:

����� (a) The number of claims for reimbursement of doulas submitted to the authority and the percentage of those claims that are reimbursed;

����� (b) Any barriers experienced by doulas to accessing the claims process;

����� (c) The annual increase or decrease in the number of doulas listed on a registry managed by the authority;

����� (d) The demographics of the registry of doulas managed by the authority;

����� (e) Doula training or certification programs offered in this state;

����� (f) The relationship between the registry of doulas managed by the authority and the perceived doula workforce need;

����� (g) Recommendations on achieving cultural specificity goals for doula services; and

����� (h) Disaggregated birth outcomes for patients with doula support and without doula support. [2025 c.539 �10]

����� 414.672 Tribal-based practices for mental health and substance abuse prevention, counseling and treatment. A medical assistance program shall consider tribal-based practices for mental health and substance abuse prevention, counseling and treatment services for members who are Native American or Alaska Native as equivalent to evidence-based practices for purposes of meeting standards of care and shall reimburse for those tribal-based practices. [2019 c.364 �6]

����� 414.679 [2011 c.602 �12; 2015 c.389 �11; 2019 c.280 �9; renumbered 414.607 in 2019]

����� 414.685 [2011 c.602 �15; 2017 c.17 �34; renumbered 414.619 in 2019]

����� 414.686 Health assessments for foster children. (1) A coordinated care organization shall provide an initial health assessment on any child enrolled in the coordinated care organization who is in the custody of the Department of Human Services no later than 60 days after the date that the Oregon Health Authority notifies the coordinated care organization that the child has been taken into the department�s custody.

����� (2) If a child has not received an initial health assessment by the date specified in subsection (1) of this section, the coordinated care organization shall act affirmatively to locate the child and make arrangements for an initial health assessment. [2017 c.277 �2; 2023 c.584 �17]

(Health Evidence Review Commission)

����� 414.688 Commission established; membership. (1) As used in this section:

����� (a) �Practice of pharmacy� has the meaning given that term in ORS 689.005.

����� (b) �Retail drug outlet� has the meaning given that term in ORS 689.005.

����� (2) The Health Evidence Review Commission is established in the Oregon Health Authority, consisting of 13 members appointed by the Governor in consultation with professional and other interested organizations, and confirmed by the Senate, as follows:

����� (a) Five members must be physicians licensed to practice medicine in this state who have clinical expertise in the areas of family medicine, internal medicine, obstetrics, perinatal health, pediatrics, disabilities, geriatrics or general surgery. One of the physicians must be a doctor of osteopathic medicine, and one must be a hospital representative or a physician whose practice is significantly hospital-based.

����� (b) One member must be a dentist licensed under ORS chapter 679 who has clinical expertise in general, pediatric or public health dentistry.

����� (c) One member must be a public health nurse.

����� (d) One member must be a behavioral health representative who may be a social services worker, alcohol and drug treatment provider, psychologist or psychiatrist.

����� (e) Two members must be consumers of health care who are patient advocates or represent the areas of indigent services, labor, business, education or corrections.

����� (f) One member must be a complementary or alternative medicine provider who is a chiropractic physician licensed under ORS chapter 684, a naturopathic physician licensed under ORS chapter 685 or an acupuncturist licensed under ORS chapter 677.

����� (g) One member must be an insurance industry representative who may be a medical director or other administrator.

����� (h) One member must be a pharmacy representative who engages in the practice of pharmacy at a retail drug outlet.

����� (3) No more than six members of the commission may be physicians either in active practice or retired from practice.

����� (4) Members of the commission serve for a term of four years at the pleasure of the Governor. A member is eligible for reappointment.

����� (5) Members are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses shall be paid out of funds available to the Oregon Health Authority for purposes of the commission. [2011 c.720 �22; 2017 c.409 �10]

����� 414.689 Members; meetings. (1) The Health Evidence Review Commission shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers the commission determines necessary for the performance of the functions of the offices.

����� (2) A majority of the members of the commission constitutes a quorum for the transaction of business.

����� (3) The commission shall meet at least four times per year at a place, day and hour determined by the chairperson. The commission also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission. All meetings and deliberations of the commission shall be in accordance with ORS 192.610 to 192.690. The commission may not meet in executive session to hear evidence from an advisory committee or subcommittee or a panel of experts or to deliberate on matters presented by an advisory committee or subcommittee or a panel of experts.

����� (4) The commission may use advisory committees or subcommittees whose members are appointed by the chairperson of the commission subject to approval by a majority of the members of the commission. The advisory committees or subcommittees may contain experts appointed by the chairperson and a majority of the members of the commission. The conditions of service of the experts will be determined by the chairperson and a majority of the members of the commission.

����� (5) The Oregon Health Authority shall provide staff and support services to the commission. [2011 c.720 �23; 2015 c.318 �22; 2024 c.18 �2]

����� 414.690 Prioritized list of health services. (1) The Health Evidence Review Commission shall regularly solicit testimony and information from stakeholders representing consumers, advocates, providers, carriers and employers in conducting the work of the commission.

����� (2) The commission shall actively solicit public involvement through a public meeting process to guide health resource allocation decisions that includes, but is not limited to:

����� (a) Providing members of the public the opportunity to provide input on the selection of any vendor that provides research and analysis to the commission; and

����� (b) Inviting public comment on any research or analysis tool or health economic measures to be relied upon by the commission in the commission�s decision-making.

����� (3)(a) The commission shall develop and maintain a list of health services ranked by priority, from the most important to the least important, representing the comparative benefits of each service to the population to be served.

����� (b) Except as provided in ORS 414.701, the commission may not rely upon any quality of life in general measures, either directly or by considering research or analysis that relies on a quality of life in general measure, in determining:

����� (A) Whether a service is cost-effective;

����� (B) Whether a service is recommended; or

����� (C) The value of a service.

����� (c) The list must be submitted by the commission pursuant to subsection (5) of this section and is not subject to alteration by any other state agency.

����� (4) In order to encourage effective and efficient medical evaluation and treatment, the commission:

����� (a) May include clinical practice guidelines in its prioritized list of services. The commission shall actively solicit testimony and information from the medical community and the public to build a consensus on clinical practice guidelines developed by the commission.

����� (b) May include statements of intent in its prioritized list of services. Statements of intent should give direction on coverage decisions where medical codes and clinical practice guidelines cannot convey the intent of the commission.

����� (c) Shall consider both the clinical effectiveness and cost-effectiveness of health services, including drug therapies, in determining their relative importance using peer-reviewed medical literature.

����� (5) The commission shall report the prioritized list of services to the Oregon Health Authority for budget determinations by July 1 of each even-numbered year.

����� (6) The commission shall make its report during each regular session of the Legislative Assembly and shall submit a copy of its report to the Governor, the Speaker of the House of Representatives and the President of the Senate and post to the Oregon Health Authority�s website, along with a solicitation of public comment, an assessment of the impact on access to medically necessary treatment and services by persons with disabilities or chronic illnesses resulting from the commission�s prior use of any quality of life in general measures or any research or analysis that referred to or relied upon a quality of life in general measure.

����� (7) The commission may alter the list during the interim only as follows:

����� (a) To make technical changes to correct errors and omissions;

����� (b) To accommodate changes due to advancements in medical technology or new data regarding health outcomes;

����� (c) To accommodate changes to clinical practice guidelines; and

����� (d) To add statements of intent that clarify the prioritized list.

����� (8) If a service is deleted or added during an interim and no new funding is required, the commission shall report to the Speaker of the House of Representatives and the President of the Senate. However, if a service to be added requires increased funding to avoid discontinuing another service, the commission shall report to the Emergency Board to request the funding.

����� (9) The prioritized list of services remains in effect for a two-year period beginning no earlier than October 1 of each odd-numbered year.

����� (10)(a) As used in this section, �peer-reviewed medical literature� means scientific studies printed in journals or other publications that publish original manuscripts only after the manuscripts have been critically reviewed by unbiased independent experts for scientific accuracy, validity and reliability.

����� (b) �Peer-reviewed medical literature� does not include internal publications of pharmaceutical manufacturers. [2011 c.720 �24; 2024 c.18 �3]

����� 414.694 Commission review of covered reproductive health services. The Health Evidence Review Commission shall review the coverage described in ORS 743A.067 (2) and, no later than November 1 of each even-numbered year, report to the interim committees of the Legislative Assembly related to health any recommended changes to the coverage described in ORS 743A.067 (2) based upon the latest clinical research. [2017 c.721 �9]

����� Note: 414.694 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 414 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 414.695 Medical technology assessment. (1) As used in this section and ORS 414.698:

����� (a) �Medical technology� means medical equipment and devices, medical or surgical procedures and techniques used by health care providers in delivering medical care to individuals, and the organizational or supportive systems within which medical care is delivered.

����� (b) �Medical technology assessment� means evaluation of the use, clinical effectiveness and cost of a technology in comparison with its alternatives.

����� (2) The Health Evidence Review Commission shall develop a medical technology assessment process. The Oregon Health Authority shall direct the commission with regard to medical technologies to be assessed and the timing of the assessments.

����� (3) The commission shall appoint and work with an advisory committee whose members have the appropriate expertise to conduct a medical technology assessment.

����� (4) The commission shall present its preliminary findings at a public hearing and shall solicit testimony and information from health care consumers. The commission shall give strong consideration to the recommendations of the advisory committee and public testimony in developing its assessment.

����� (5) To ensure that confidentiality is maintained, identification of a patient or a person licensed to provide health services may not be included with the data submitted under this section, and the commission shall release such data only in aggregate statistical form. All findings and conclusions, interviews, reports, studies, communications and statements procured by or furnished to the commission in connection with obtaining the data necessary to perform its functions is confidential pursuant to ORS 192.338, 192.345 and 192.355. [2011 c.720 �25]

����� Note: 414.695 to 414.701 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 414 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 414.698 Comparative effectiveness of medical technologies. (1) The Health Evidence Review Commission shall conduct comparative effectiveness research of medical technologies selected in accordance with ORS 414.695. The commission may conduct the research by comprehensive review of the comparative effectiveness research undertaken by recognized state, national or international entities. The commission may consider evidence relating to prescription drugs that is relevant to a medical technology assessment but may not conduct a drug class evidence review or medical technology assessment solely of a prescription drug. The commission shall disseminate the research findings to health care consumers, providers and third-party payers and to other interested stakeholders.

����� (2) The commission shall develop or identify and shall disseminate evidence-based health care guidelines for use by providers, consumers and purchasers of health care in Oregon.

����� (3) The Oregon Health Authority shall vigorously pursue health care purchasing strategies that adopt the research findings described in subsection (1) of this section and the evidence-based health care guidelines described in subsection (2) of this section. [2011 c.720 �26]

����� Note: See note under 414.695.

����� 414.701 Commission to rely on range of research; research referencing quality of life in general measure under limited circumstances. (1) As used in this section, �peer-reviewed medical literature� has the meaning given that term in ORS 414.690.

����� (2) The Health Evidence Review Commission, in ranking health services or developing guidelines under ORS 414.690 or in assessing medical technologies under ORS 414.698, and the Pharmacy and Therapeutics Committee, in considering a recommendation for a drug to be included on any preferred drug list or on the Practitioner-Managed Prescription Drug Plan:

����� (a) May not rely solely on the results of comparative effectiveness research but must evaluate a range of research and analysis, including peer-reviewed medical literature that:

����� (A) Studies health outcomes that are priorities for persons with disabilities who experience specific diseases or illnesses, through surveys or other methods of identifying priority outcomes for individuals who experience the diseases or illnesses;

����� (B) Studies subgroups of patients who experience specific diseases or illnesses, to ensure consideration of any important differences and clinical characteristics applicable to the subgroups; and

����� (C) Considers the full range of relevant, peer-reviewed medical literature and avoids harm to patients caused by undue emphasis on evidence that is deemed inconclusive of clinical differences without further investigation.

����� (b) May consider research or analyses that reference a quality of life in general measure only if:

����� (A) The staff of the commission includes an individual who:

����� (i) Is trained in identifying bias and discrimination in medical research and analyses;

����� (ii) Is not involved in research evaluation and recommendations for a given condition-treatment pair on the prioritized list subject to the commission�s review; and

����� (iii) Determines that any of a researcher�s conclusions and analyses about the value or cost-effectiveness of a treatment, that were relied upon by the staff of the commission in making a recommendation regarding the treatment, did not rely upon and were not influenced by the quality of life in general measure; and

����� (B) All references to the quality of life in general measure are redacted from the research or analyses before the research or analyses are presented to the commission or to any advisory committee or subcommittees used or consulted by the commission.

����� (3) The commission may not contract with a single vendor to provide or compile research and analysis that is considered by the commission, and the commission shall publicly disclose, regarding vendors providing or compiling research or analysis to the commission:

����� (a) The vendors� funding sources; and

����� (b) Any conflicts of interest that a vendor may have with respect to the research and analysis provided. [2011 c.720 �26a; 2024 c.18 �4]

����� Note: See note under 414.695.

����� 414.704 Advisory committee. The Health Evidence Review Commission shall consult with an advisory committee in determining priorities for mental health care and chemical dependency. The advisory committee shall include mental health and chemical dependency professionals who provide inpatient and outpatient mental health and chemical dependency care. [Formerly 414.730]

����� 414.705 [1989 c.836 �2; 1991 c.753 �4; 2003 c.735 �1; 2003 c.810 �7; repealed by 2011 c.602 ��64,70]

SCOPE OF COVERED HEALTH SERVICES

����� 414.706 Persons eligible for medical assistance; rules. Within available funds and subject to the rules of the Oregon Health Authority, medical assistance shall be provided to an individual who is a resident of this state and who:

����� (1) Is receiving a category of aid;

����� (2) Would be eligible for a category of aid but is not receiving a category of aid;

����� (3) Is required by federal law to be included in the state�s medical assistance program in order for that program to qualify for federal funds; and

����� (4) Is not described in subsection (3) of this section but for whom federal funding is available under Title XIX or XXI of the Social Security Act. [2003 c.735 �3; 2009 c.867 �37; 2011 c.602 �41; 2013 c.688 �77]

����� 414.707 [2003 c.735 �4; 2009 c.595 �319; 2009 c.867 �44; 2011 c.602 �42; 2011 c.720 �143; repealed by 2013 c.688 �98]

����� 414.708 [2003 c.735 �11; 2005 c.381 �16; 2007 c.70 �194; 2009 c.595 �320; 2011 c.720 �144; repealed by 2013 c.688 �98]

����� 414.709 Adjustment of population of eligible persons in event of insufficient resources prohibited. If insufficient resources are available during a biennium, the population of eligible persons receiving health services may not be reduced below the population of eligible persons approved and funded in the legislatively adopted budget for the Oregon Health Authority for the biennium. [2003 c.735 �4a; 2009 c.595 �321; 2013 c.688 �78]

����� 414.710 Services not subject to prioritized list. The following services are not subject to ORS

ORS 418.027

418.027. [Formerly 419.006; 1971 c.401 �13; 1971 c.698 �1; 1977 c.117 �1; 1987 c.157 �1; 1993 c.33 �326; 2007 c.70 �196]

����� 418.016 Criminal records checks required for caregivers of children and for other persons in household; exception; rules. (1) To protect the health and safety of children who are in the custody of the Department of Human Services and who may be placed in a foster home or adoptive home or with a relative caregiver, the department shall adopt rules pursuant to ORS 181A.195 and ORS chapter 418 to require that criminal records checks be conducted under ORS 181A.195 on:

����� (a) All persons who seek to be foster parents, adoptive parents or relative caregivers; and

����� (b) Any other individuals over 18 years of age who will be in the household of the foster parent, adoptive parent or relative caregiver.

����� (2) Rules adopted under subsection (1) of this section shall include:

����� (a) A requirement that persons who have been convicted of crimes listed in the rules adopted by the Oregon Department of Administrative Services under ORS 181A.215 are disqualified from becoming a foster parent, adoptive parent or relative caregiver; and

����� (b) A provision that the Department of Human Services may approve a person who has been convicted of certain crimes listed in the rules if the person demonstrates to the department that:

����� (A) The person possesses the qualifications to be a foster parent or adoptive parent regardless of having been convicted of a listed crime; or

����� (B) The disqualification would create emotional harm to the child for whom the person is seeking to become a foster parent, adoptive parent or relative caregiver and placement of the child with the person would be a safe placement that is in the best interests of the child.

����� (3) The Department of Human Services by rule may exempt an individual from the criminal records check requirement under subsection (1)(b) of this section if the individual was placed in the household by the department before the individual attained 18 years of age. [2001 c.686 �26; 2005 c.730 �23; 2007 c.611 �1; 2013 c.285 �5; 2025 c.317 �2]

����� Note: 418.016 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 418.017 Parent allowed to anonymously leave child at authorized facility; facility immunity; notification to department. (1) A parent may leave an infant at an authorized facility in the physical custody of an agent, employee, physician or other medical professional working at the authorized facility if the infant:

����� (a) Is 60 days of age or younger as determined to a reasonable degree of medical certainty; and

����� (b) Has no evidence of abuse.

����� (2) A parent leaving an infant under this section is not required to provide any identifying information about the infant or the parent.

����� (3) An agent, employee, physician or other medical professional working at an authorized facility shall receive an infant brought to the authorized facility under this section.

����� (4) If acting in good faith in receiving an infant, an authorized facility receiving an infant under this section and any agent, employee, physician or other medical professional working at the authorized facility are immune from any criminal or civil liability that otherwise might result from their actions relating to receiving the infant. A city, county or other political subdivision of this state that operates a sheriff�s office, police station or fire station that receives an infant under this section is immune from any criminal or civil liability that otherwise might result from the actions taken by its employees or agents in receiving the infant.

����� (5) When an infant has been left at an authorized facility as provided in this section:

����� (a) The authorized facility shall notify the Department of Human Services that an infant has been left at the facility as provided in subsection (1) of this section no later than 24 hours after receiving the infant.

����� (b) The infant is deemed abandoned for purposes of ORS 419B.100, and the department is deemed to have protective custody of the infant under ORS 419B.150 from the moment the infant was left at the facility. The department shall comply with the applicable provisions of ORS chapter 419B with regard to the infant.

����� (6) The authorized facility shall release the infant to the department when release is appropriate considering the infant�s medical condition and shall provide the department with all information the facility has regarding the infant.

����� (7) As used in this section:

����� (a) �Abuse� has the meaning given that term in ORS 419B.005.

����� (b) �Authorized facility� means a hospital as described in ORS 442.015, freestanding birthing center as defined in ORS 442.015, physician�s office, sheriff�s office, police station or fire station.

����� (c) �Physician� means a person licensed by the Oregon Medical Board to practice medicine and surgery or a naturopathic physician licensed under ORS chapter 685 to practice naturopathic medicine. [2001 c.597 �1; 2005 c.22 �288; 2017 c.356 �36; 2023 c.561 �1]

����� Note: 418.017 and 418.018 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 418.018 Department required to inform public about ORS 418.017 and affirmative defense; funding. (1)(a) The Department of Human Services shall inform the public about the provisions of ORS 418.017 and the affirmative defense created in ORS 163.535.

����� (b) An authorized facility, as defined in ORS 418.017, shall post and maintain signs outside of the facility notifying the public of the facility and providing the information described in paragraph (a) of this subsection.

����� (c) The department shall design the signs described in paragraph (b) of this subsection.

����� (2) Notwithstanding any other provision of law, the Department of Human Services may accept gifts, grants or contributions from any source, whether public or private, for the purpose of carrying out subsection (1) of this section. Moneys accepted under this subsection shall be deposited in the State Treasury to the credit of the department and are continuously appropriated to the department for the payment of expenses and costs incurred in carrying out subsection (1) of this section. [2001 c.597 �3; 2023 c.561 �2]

����� Note: See note under 418.017.

����� 418.020 Unexpended balances of budgeted county funds may be expended as aid for children. The governing body of any county may expend as aid for homeless, neglected or abused children, foundlings or orphans, wayward children or children in need of correctional or institutional care or committed to a youth care center, as defined in ORS 420.855, the whole or any part of any unexpended balance of any fund budgeted by the county for any purpose whatsoever. [Formerly 419.008; 1965 c.567 ��10,11; 1967 c.444 �8]

����� 418.025 Prevention, reduction or control of juvenile delinquency by county programs and activities. (1) The governing body of any county, or its representatives designated by it for the purpose, on behalf of the county, may:

����� (a) Conduct programs and carry on and coordinate activities for the prevention, reduction or control of juvenile delinquency, including but not limited to the establishment and operation of youth care centers, as defined in ORS 420.855, to care for children committed to the custody of the centers under ORS 420.865.

����� (b) Cooperate, coordinate or act jointly with any other county, any city or any appropriate officer or public or private agency in conducting programs and carrying on and coordinating activities for the prevention, reduction or control of juvenile delinquency, including but not limited to the establishment, support and maintenance of joint agencies, institutions or youth care centers to conduct such programs and carry on and coordinate such activities.

����� (c) Expend county moneys for the purposes referred to in paragraph (a) or (b) of this subsection.

����� (d) Accept and use or expend property or moneys from any public or private source made available for the purposes referred to in paragraph (a) or (b) of this subsection.

����� (2) All officers and agencies of a county, upon request, shall cooperate in so far as possible with the governing body of the county, or its designated representatives, in conducting programs and carrying on and coordinating activities under subsection (1) of this section. [Formerly 419.010; 1965 c.567 ��12,13; 1967 c.444 �9]

����� 418.027 Agreements for custody, care or treatment; rules. (1) The Director of Human Services or the authorized representative of the director may enter into agreements with persons, families or child caring agencies found suitable for the placement of children in the legal custody of the Department of Human Services. If, in the judgment of the director or the authorized representative of the director, a child needs placement services after reaching 18 years of age, such services must be approved by the director or authorized representative.

����� (2) The agreement shall provide for such services as the child might require, such as the custody, care or treatment of the child for a time fixed in the agreement but not to exceed the time when the child reaches 21 years of age.

����� (3) The agreement shall be signed by the person or authorized representative of the agency providing the care or treatment and by the director or the authorized representative of the director.

����� (4) If the agreement provides for payments to the agency providing such services as the child may require, the department shall make these payments.

����� (5) The department shall adopt rules specifying criteria upon which the director shall base the judgment that a child needs placement services after reaching 18 years of age. [1987 c.157 �3]

����� 418.030 Services to prevent, control and treat juvenile delinquency. The Department of Human Services may provide consultation services related to the prevention, control and treatment of juvenile delinquency to local and statewide public and private agencies, groups and individuals or may initiate such consultation services. Consultation services include but are not limited to conducting studies and surveys, sponsoring or participating in education programs, and advising and assisting agencies, groups and individuals. [1971 c.401 �90; 1975 c.795 �1; 1995 c.79 �212]

����� 418.032 Department subrogated to right of support for certain children in department custody; child support agreements for children with disabilities. (1) Whenever the Department of Human Services has accepted custody of a child under the provisions of ORS

ORS 419A.211

419A.211 or 419B.198 (1);

����� (c) Federal matching funds received under 45 C.F.R. 1356.60(c); and

����� (d) Miscellaneous revenues and receipts of the commission.

����� (3) All gifts, grants or contributions accepted by the commission under ORS 151.216 shall be deposited in a separate subaccount created in the Public Defense Services Account to be used by the commission for the purpose for which the gift, grant or contribution was given or granted. [2001 c.962 ��5,106b; 2011 c.597 �43a; 2012 c.107 �37; 2015 c.27 �14; 2021 c.202 �4; 2021 c.678 ��7,7a; 2023 c.281 �6]

����� Note: See note under 151.211.

����� 151.229 Oregon Public Defense Commission Lawyer Trust Account. (1) The Oregon Public Defense Commission Lawyer Trust Account is established as a trust account in the State Treasury, separate and distinct from the General Fund. Interest earned by the trust account shall be credited to the trust account. All moneys in the trust account are appropriated continuously to and shall be used by the Oregon Public Defense Commission for the sole purpose of making payments on behalf of clients of the commission.

����� (2) The trust account established by this section consists of moneys received by the commission on behalf of clients and temporarily credited to the account prior to the distribution of the moneys on behalf of clients.

����� (3) The commission may establish subaccounts within the trust account when the commission determines that subaccounts are necessary or desirable.

����� (4) The commission shall transfer interest earned on moneys deposited in the trust account or in any of its subaccounts according to rules of professional conduct adopted pursuant to ORS 9.490 governing lawyer trust accounts.

����� (5) Moneys in the trust account are not subject to allotment under ORS 291.234 to 291.260. [2024 c.63 �11]

����� Note: 151.229 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 151.230 [Formerly 138.750; 1983 c.740 �23; repealed by 2001 c.962 �114]

����� 151.235 Public defense population forecasts. (1) The Oregon Department of Administrative Services shall issue state public defense population forecasts including, but not limited to, expected populations of adults and juveniles eligible for appointed counsel, to be used by:

����� (a) The Oregon Public Defense Commission, in preparing budget requests or for any other purpose determined necessary by the commission; or

����� (b) Any other state agency concerned with the effect of public defense populations or policy developments on budgeting.

����� (2) The department shall issue state public defense population forecasts on April 15 and October 15 of each year.

����� (3) When the department issues a state public defense population forecast, the forecast must:

����� (a) Discretely identify adult and juvenile populations that are eligible for appointed counsel categorized by either circuit or appellate court;

����� (b) Identify the forecast�s margin of error for adult and juvenile populations; and

����� (c) Attribute growth or decline in the forecast, relative to previously issued forecasts, to specific policies or to specific components of the baseline underlying the forecast.

����� (4) The Oregon Public Defense Commission, the Oregon Criminal Justice Commission, the Judicial Department and, if requested by the Oregon Department of Administrative Services, any other state agency, shall provide the Oregon Department of Administrative Services with any information necessary for the department to prepare the forecasts described in this section.

����� (5) As used in this section, �baseline underlying the forecast� includes population demographics and crime trends. [2023 c.281 �7a]

����� Note: 151.235 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� Note: Sections 96 and 97, chapter 281, Oregon Laws 2023, provide:

����� Sec. 96. (1)(a) The Oregon Public Defense Commission shall conduct a survey and economic analysis to establish a formula for the commission to use to calculate an hourly pay rate, taking into account overhead expenses, market rates and regional differences in the cost of living, for appointed counsel who are not employees of the commission or a nonprofit public defense organization.

����� (b) The commission may conduct the survey and economic analysis internally or may contract with an outside entity. The survey and economic analysis must be completed and the hourly pay rate calculated no later than July 1, 2025.

����� (c) After the hourly pay rate described in paragraph (a) of this subsection has been calculated, and beginning with contracts entered into on or after July 1, 2027, the hourly pay for appointed counsel who are not employees of the commission or a nonprofit public defense organization may not be lower than that amount.

����� (d) The commission may conduct another survey and economic analysis as described in this subsection to establish a new formula and calculate a new hourly pay rate.

����� (2)(a) By January 1, 2031, at least 20 percent of all appointed counsel at the trial level must be attorneys employed by the Oregon Public Defense Commission.

����� (b) By January 1, 2035, at least 30 percent of all appointed counsel at the trial level must be attorneys employed by the Oregon Public Defense Commission. [2023 c.281 �96]

����� Sec. 97. Section 96 of this 2023 Act is repealed on January 2, 2035. [2023 c.281 �97]

����� Note: Sections 98 and 99, chapter 281, Oregon Laws 2023, provide:

����� Sec. 98. (1) No later than May 15, 2024, the Oregon Public Defense Commission shall provide a comprehensive report on the commission�s plan for providing public defense services in this state to the interim committees of the Legislative Assembly related to the judiciary, in the manner described in ORS 192.245, that includes at least the following information:

����� (a) Financial projections for the commission based on anticipated workload;

����� (b) A description of the commission�s proposed method for providing public defense services based on anticipated workload;

����� (c) The establishment of training and supervision requirements for public defense providers;

����� (d) Steps taken to determine a reasonable hourly rate for appointed counsel who are not employees of the commission or nonprofit public defense organizations that accounts for overhead expenses; and

����� (e) Steps taken to improve oversight and enforcement of statewide objective standards for the provision of public defense.

����� (2) No later than December 1, 2025, and no later than December 1, 2026, the commission shall provide the interim committees of the Legislative Assembly related to the judiciary with an updated version of the report described in subsection (1) of this section.

����� (3) Beginning no later than December 1, 2027, and biennially thereafter until December 1, 2035, the commission shall provide the interim committees of the Legislative Assembly related to the judiciary with an updated version of the report described in subsection (1) of this section. [2023 c.281 �98]

����� Sec. 99. Section 98 of this 2023 Act is repealed on January 2, 2036. [2023 c.281 �99]

����� 151.240 [Formerly 138.760; repealed by 2001 c.962 �114]

����� 151.250 [Formerly 138.770; 1973 c.694 �19; 1987 c.320 �84; 1991 c.724 �26; 1993 c.33 �303; 1995 c.117 �3; repealed by 2001 c.962 �114]

����� 151.260 [Formerly 138.780; repealed by 2001 c.962 �114]

����� 151.270 [Formerly 138.720; repealed by 2001 c.962 �114]

����� 151.280 [Formerly 138.730; 1983 c.740 �24; repealed by 2001 c.962 �114]

����� 151.290 [Formerly 138.790; repealed by 2001 c.962 �114]

����� 151.410 [1985 c.502 �2; repealed by 1987 c.803 �27]

����� 151.420 [1985 c.502 �3; repealed by 1987 c.803 �27]

����� 151.430 [1985 c.502 �5; 1987 c.803 �10; 1995 c.677 �2; 2001 c.962 �109; repealed by 2001 c.962 �115]

����� 151.440 [1985 c.502 �6; repealed by 1987 c.803 �27]

����� 151.450 [1985 c.502 �7; 1987 c.803 �11; 1991 c.724 �27; 1991 c.750 �9; 1993 c.33 �304; 2001 c.480 �13; 2001 c.962 �110; repealed by 2001 c.962 �115]

����� 151.460 [Formerly 151.150; 1987 c.803 �12; 1989 c.1053 �8; 1995 c.677 �3; 2001 c.962 �111; repealed by 2001 c.962 �115]

����� 151.465 [1987 c.803 �9; 1997 c.761 �13; 2001 c.480 �14; repealed by 2001 c.962 �115]

����� 151.470 [1985 c.502 �15; repealed by 1987 c.803 �27]

����� 151.480 [1985 c.502 �18; 2001 c.962 �112; repealed by 2001 c.962 �115]

DETERMINATION OF FINANCIAL ELIGIBILITY

����� 151.485 Financial eligibility; determination; financial statement; termination of appointed counsel. (1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel is authorized to be paid by the executive director of the Oregon Public Defense Commission, a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the person�s dependent family under standards established by the Oregon Public Defense Commission under ORS 151.216.

����� (2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the person�s parent, guardian or custodian. The financial statement shall be in the form prescribed by the Oregon Public Defense Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.

����� (3) If at any time after the appointment of counsel the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If at any time during criminal proceedings the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.

����� (4) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body that has expended moneys for the defendant�s legal assistance within two years of judgment if the defendant was not qualified for legal assistance in accordance with subsections (1) and (2) of this section. As used in this subsection, �legal assistance� includes legal counsel, transcripts, witness fees and expenses and any other goods or services required by law to be provided to a financially eligible person at state expense under ORS 151.216 and 151.219.

����� (5) The civil proceeding shall be subject to the exemptions from execution as provided for by law. [1989 c.1053 �13; 1991 c.825 �6; 2001 c.962 �33; 2023 c.281 �36]

����� 151.487 Ability to pay; effect. (1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense that are related to the provision of appointed counsel, the court shall enter a limited judgment requiring that the person pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person�s dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Oregon Public Defense Commission as provided in subsection (4) of this section.

����� (2) Failure to comply with the requirements of a limited judgment entered under this section is not grounds for contempt or grounds for withdrawal by the appointed attorney.

����� (3) Except as authorized in this section, a person, organization or governmental agency may not request or accept a payment or promise of payment for assisting in the representation of a person by appointment.

����� (4) The commission shall promulgate and issue guidelines and procedures:

����� (a) For the determination of persons provided with appointed counsel who have some financial resources to pay in full or in part the administrative, legal and other costs under subsection (1) of this section; and

����� (b) Regarding the amounts persons may be required to pay by a court under subsection (1) of this section.

����� (5) The determination that a person is able to pay or partially able to pay, or that a person no longer has the ability to pay the amount ordered in subsection (1) of this section, is subject to review at any time by the court. [1989 c.1053 �14; 1993 c.33 �305; 1997 c.761 �3; 2001 c.962 �34; 2011 c.597 �42; 2012 c.107 �43; 2023 c.281 �37]

����� 151.489 Personnel to verify financial eligibility. For the purpose of aiding courts in making determinations of financial eligibility for appointed counsel at state expense under ORS 151.485 and 151.487, the State Court Administrator may locate eligibility verification and screening personnel or otherwise arrange for such services in the state trial and appellate courts or other locations and shall prescribe the policies and procedures for their use. [1989 c.1053 �15; 2001 c.962 �35]

����� 151.491 Authority of person verifying financial eligibility. (1) State courts or authorized designees who conduct the verification of the financial statement submitted by a person seeking or having appointed counsel payable at state expense under ORS

ORS 419B.035

419B.035 and 419B.045.

����� Note: 346.169 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 346 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 346.170 Program for conservation and restoration of sight and prevention of blindness; free eye care. (1) The Commission for the Blind shall maintain a program for the conservation and restoration of sight and the prevention of blindness, the objects of which shall be to inaugurate and cooperate in such measures for the prevention of blindness in Oregon as the commission may deem advisable.

����� (2) The commission in its discretion may arrange for and pay for the examination of the eyes of individual persons with visual impairments and may obtain and pay for medical and surgical treatment and glasses for such persons. [Amended by 1973 c.713 �3; 1975 c.638 �3; 2007 c.70 �123]

����� 346.180 Vocational rehabilitation services. The Commission for the Blind shall maintain a program of vocational rehabilitation services. The object of the program shall be to aid persons with visual impairments in finding employment, to provide such physical restoration as will increase their employability, to establish a program of small business enterprises in which such persons are able to work, to establish individual programs of college and university instruction, also training in trades and occupations which may be followed in their homes and elsewhere, to cooperate with the United States Government in vocational rehabilitation programs for persons who are blind, including establishment of small business enterprises for them in buildings owned or rented by the federal government and to assist persons with visual impairments, in whatever manner may seem advisable to the commission, in disposing of the products of their industries. [Amended by 1975 c.638 �4; 1989 c.224 �60; 2007 c.70 �124]

����� 346.190 [Amended by 1957 c.190 �1; 1967 c.535 �1; 1969 c.240 �2; 1973 c.713 �4; 1979 c.468 �33; 1989 c.224 �61; 2005 c.218 �16; 2007 c.70 �125; repealed by 2014 c.107 �1]

����� 346.200 [Repealed by 1973 c.713 �8]

����� 346.210 [Amended by 1975 c.638 �5; 1977 c.277 �1; 1989 c.224 �62; 2007 c.70 �126; repealed by 2017 c.717 �23]

����� 346.220 [Amended by 1975 c.638 �6; 1989 c.224 �63; 2007 c.70 �127; repealed by 2017 c.717 �23]

����� 346.230 [Amended by 1959 c.98 �1; 1961 c.484 �2; 1983 c.740 �114; 2005 c.755 �23; repealed by 2014 c.107 �1]

����� 346.235 [1959 c.98 �3; repealed by 1965 c.448 �4]

����� 346.240 Payment of incidental expenses of commission. (1) The Oregon Department of Administrative Services may, from time to time, as may be necessary, draw a warrant in favor of the Commission for the Blind for a sum not exceeding $1,500 in any one amount, to be used for the purpose of paying for postage, expressage, freight, telegraph, telephone and other incidental expenses for which payment must be made in cash.

����� (2) The commission shall file with the department, from time to time, vouchers for any warrants to be drawn under subsection (1) of this section.

����� (3) Before the commission receives any moneys to be expended for incidental expenses, the commission shall designate the person to whom the funds will be paid. [Amended by 1973 c.713 �5; 1983 c.740 �115; 2014 c.107 �6]

����� 346.250 Program of social and educational services. The Commission for the Blind may establish a program of social and educational services for the purpose of ameliorating the condition of persons with visual impairments by providing instruction that will assist them in making the best possible adjustment to conditions resulting from loss or impairment of sight, as the commission may deem advisable. Special courses of instruction and training may be established at training centers and workshops for persons with visual impairments that shall include home economics, household mechanics, orientation to better living and such other instruction as will contribute to the economic and social adjustment of persons with visual impairments. Persons with whom persons with visual impairments are living may, whenever the commission deems necessary, be given instruction that will assist them in caring for such persons with visual impairments. The commission through this program also shall cooperate with the Library of Congress and other agencies in the distribution of talking-book machines, sound-reproducing equipment and other devices designed for the use of persons who are blind, and from time to time may cause to be made and distributed to persons in this state who have visual impairments specially recorded subjects and Braille publications. [Amended by 1973 c.713 �6; 1989 c.224 �64; 2007 c.70 �128]

����� 346.260 Cooperation with Department of Human Services. The Commission for the Blind shall:

����� (1) Cooperate with the Department of Human Services in the administration of programs for persons who are blind; and

����� (2) When requested by the department, make an investigation of an applicant eligible for programs for persons who are blind and make recommendations to the department regarding services for the applicant and the employability of the applicant. [Amended by 2001 c.355 �1; 2007 c.70 �129]

����� 346.265 Authority to cooperate with and receive grants from federal government. In addition to its other powers, the Commission for the Blind may enter into agreements with, join with or accept grants from, the federal government for cooperative research, demonstration projects and personnel training programs. The commission is designated the state agency to receive any other federal funds available for the furtherance of the programs under the administration of the commission. [1961 c.484 �5]

����� 346.270 Receipt and expenditure of gifts and bequests. The Commission for the Blind may receive moneys by gift or bequest and expend the moneys for any of the objects and purposes of the commission under ORS 346.120. Moneys received under this section shall be deposited with the State Treasurer in an account separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. [Amended by 1965 c.100 �452; 1975 c.605 �18; 1989 c.966 �29]

����� 346.280 [Repealed by 1975 c.605 �33]

����� 346.290 Commission for the Blind Account. (1) There is established in the General Fund of the State Treasury an account to be known as the Commission for the Blind Account. Except for funds made available to the Commission for the Blind under ORS 346.270 or deposited pursuant to ORS 346.569, all moneys received by the commission for promoting the welfare of persons with visual impairments shall be paid into the State Treasury and credited to the Commission for the Blind Account.

����� (2) All moneys in the Commission for the Blind Account are continuously appropriated to the commission for use by the commission for the respective purposes authorized by law.

����� (3) The commission shall keep a record of all moneys deposited in the Commission for the Blind Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [1963 c.381 �3; 1973 c.713 �7; 1975 c.471 �2; 1981 c.271 �1; 1989 c.224 �65; 2007 c.70 �130; 2014 c.107 �7; 2017 c.717 �11]

����� 346.300 Criminal records checks. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Commission for the Blind may require the fingerprints of a person who:

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

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

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

����� (a) In which the person has or will have access to information that is confidential under state or federal laws, rules or regulations; or

����� (b) In which the person has direct contact with people who are served by the commission. [2007 c.619 �2]

����� 346.310 [Repealed by 1973 c.713 �8]

FUNDING FOR SERVICES TO STUDENTS WHO ARE BLIND OR VISUALLY IMPAIRED

����� 346.315 Blind and Visually Impaired Student Fund. (1) The Blind and Visually Impaired Student Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Blind and Visually Impaired Student Fund shall be credited to the Blind and Visually Impaired Student Fund.

����� (2) Moneys in the Blind and Visually Impaired Student Fund are continuously appropriated to the Department of Education for the purposes of:

����� (a) Assisting students who are blind or visually impaired in receiving appropriate resources and services, including educational services, in the communities where the students reside;

����� (b) Supplementing funds available to regional programs authorized under ORS 343.236 (1)(a)(A) and (C) to ensure access to the expanded core curriculum for students who are blind or visually impaired;

����� (c) Coordinating professional development of persons who provide educational services to students who are blind or visually impaired;

����� (d) Providing technical assistance for the purpose of providing educational services to students who are blind or visually impaired; and

����� (e) Coordinating activities for the benefit of students who are blind or visually impaired.

����� (3) When determining the manner in which to spend the moneys in the Blind and Visually Impaired Student Fund, the Department of Education shall ensure that the moneys are used in addition to any other available moneys and do not supplant moneys available from any other source. [2009 c.562 �7; 2009 c.562 �8; 2010 c.54 �5]

����� 346.320 [Amended by 1961 c.484 �3; repealed by 1973 c.713 �8]

����� 346.330 [Repealed by 1957 c.190 �2]

����� 346.340 [Repealed by 1973 c.713 �8]

����� 346.350 [Repealed by 1955 c.112 �1]

����� 346.360 [Amended by 1967 c.335 �40; repealed by 1973 c.713 �8]

����� 346.370 [Repealed by 1957 c.190 �2]

����� 346.380 [Repealed by 1957 c.190 �2]

����� 346.390 [Repealed by 1957 c.190 �2]

VENDING FACILITIES ON PUBLIC PROPERTY

����� 346.510 Definitions for ORS 346.510 to 346.570. As used in ORS 346.510 to 346.570:

����� (1) �Cafeteria� means a food-dispensing facility:

����� (a) That can provide a variety of prepared foods and beverages;

����� (b) Where a patron may move through a self-service line;

����� (c) That may employ some servers to wait on patrons; and

����� (d) That provides seating suitable for patrons to consume meals.

����� (2) �Healthy vending item� and �local vending item� have the meanings given those terms by rules adopted by the Commission for the Blind in consultation with the Public Health Director and the business enterprise consumer committee.

����� (3) �Person who is blind� means a person who has not more than 20/200 visual acuity in the better eye with best correction or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision to such a degree that its widest diameter subtends an angle of no greater than 20 degrees and whose blindness is certified by a licensed physician who specializes in diseases of the eye.

����� (4) �Political subdivision� means a local government as defined in ORS 174.116, a municipality, town or village of this state.

����� (5) �Public building� or �property� means a building, land or other real property, or a portion of a building, land or other real property, that is occupied by a department or an agency of the State of Oregon or by a political subdivision, except for a public elementary school, a secondary school, a public university listed in ORS 352.002 or a public corporation created pursuant to ORS 353.020.

����� (6) �Vending facility� means:

����� (a) Shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment that are necessary or customarily used for the vending of articles, including an established mix of healthy vending items approved by the Commission for the Blind and the agency, department or political subdivision charged with maintaining the public building or property where the vending facility is located;

����� (b) Vending machines; or

����� (c) Cafeterias or snack bars for the dispensing of foodstuffs and beverages.

����� (7) �Vending facility manager� means a person who is:

����� (a) Blind;

����� (b) Responsible for the day-to-day conduct of the vending facility operation; and

����� (c) Licensed under ORS 346.510 to 346.570.

����� (8) �Vending machine� means a manual or coin-operated machine or a similar device used for vending articles, including machines or devices that accept electronic payment.

����� (9) �Visitor venue� means a public building or property that is operated by a political subdivision of this state and that is:

����� (a) A convention, event or exposition center;

����� (b) A zoo;

����� (c) A performing arts center;

����� (d) A museum;

����� (e) A golf course;

����� (f) A facility primarily used for sporting events; or

����� (g) A commercial airport owned and operated by a city, a county or a port district organized under ORS chapter 778. [1957 c.295 �2; 1975 c.638 �7; 2007 c.70 �131; 2017 c.717 �12; 2019 c.505 �1; 2021 c.630 �15]

����� 346.520 Persons who are blind to have priorities and preferences to operate vending facilities in public buildings or on public property; charges prohibited; exception. (1) For purposes of providing persons who are blind with remunerative employment, enlarging the economic opportunities of persons who are blind and stimulating persons who are blind to greater efforts to make themselves self-supporting with independent livelihoods, persons who are blind and who are licensed under ORS 346.510 to 346.570 by the Commission for the Blind have the priorities and preferences described in ORS 346.510 to 346.570 when, in the discretion of the agency, department or political subdivision in charge of the maintenance of the public buildings or properties, vending facilities may properly and satisfactorily operate.

����� (2) Notwithstanding ORS 276.385, the agency, department or political subdivision charged with maintaining a public building or property where a vending facility is operated under ORS 346.525 (1) may not:

����� (a) Charge the commission or persons who are blind and who are licensed under the provisions of ORS 346.510 to 346.570 any amount for:

����� (A) Rental of the space where the vending facility is operated;

����� (B) Utility costs incurred in the operation of the vending facility; or

����� (C) The priority, right, permit, license or lease to operate a vending facility in or on the public building or property.

����� (b) Require that the commission or the vending facility manager pay to the agency, department or political subdivision any portion of a commission, gratuity or revenue earned by the vending facility manager from the operation of the vending facility.

����� (3) Subsection (2) of this section does not apply to charges imposed by the Department of Transportation or the Travel Information Council. Subject to the availability of funds, the department and the council may refrain from charging any amount for rental of space or utility costs described in subsection (2) of this section. [1957 c.295 �1; 1975 c.638 �8; 2003 c.268 �1; 2007 c.70 �132; 2017 c.717 �13; 2019 c.505 �2]

����� 346.525 Priorities and preferences for persons who are blind to operate vending facilities in public buildings. (1) The state shall grant to persons who are blind a priority to:

����� (a) Operate vending facilities in public buildings in this state, unless the vending facilities are:

����� (A) Cafeterias; or

����� (B) Located at a community college or at a visitor venue.

����� (b) Operate vending machines located at visitor venues.

����� (2) The state shall grant to persons who are blind a preference to:

����� (a) Operate cafeterias in public buildings in this state, except for cafeterias located at visitor venues.

����� (b) Operate vending facilities located at community colleges.

����� (3) If a state agency, department or political subdivision constructs a new public building or facility, modifies an existing public building or facility, enters into or modifies a contract for, or otherwise seeks to procure, products or services that are customarily provided by the business enterprise program of the Commission for the Blind, including the operation of vending facilities, the agency, department or political subdivision complies with:

����� (a) Subsection (1) of this section if the agency, department or political subdivision:

����� (A) Notifies the commission of the intended action and allows the commission to determine whether a vending facility manager licensed under ORS 346.510 to 346.570 is able to provide the product or service;

����� (B) Offers to the commission a right of first refusal;

����� (C) Does not charge the commission or vending facility manager any amount prohibited under ORS 346.520 (2); and

����� (D) Procures the vending service from the commission if the service:

����� (i) Is offered by the commission or by persons with visual impairments under the direction and supervision of the commission; and

����� (ii) Meets the requirements of the agency, department or political subdivision for quality and quantity of foodstuffs and beverages available through the vending facility.

����� (b) Subsection (2) of this section if the agency, department or political subdivision:

����� (A) Notifies the commission of the intended action and allows the commission to determine whether a vending facility manager licensed under ORS 346.510 to 346.570 is able to provide the product or service; and

����� (B) Procures the vending service from the commission if the service:

����� (i) Is offered by the commission or by persons with visual impairments under the direction and supervision of the commission;

����� (ii) Meets the requirements of the agency, department or political subdivision for quality and quantity of foodstuffs and beverages available through the vending facility; and

����� (iii) Is offered in a bid that is equal to any other bids submitted. [2017 c.717 �10; 2019 c.505 �4]

����� 346.530 Notice to commission on vending facilities locations; notification of reason for refusal of commission offer. (1) Each agency, department or political subdivision charged with maintaining public buildings or properties shall:

����� (a) Annually notify the Commission for the Blind in writing of any and all existing locations where vending facilities are in operation or where vending facilities might properly and satisfactorily be operated.

����� (b) Not less than 30 days prior to the reactivation, leasing, re-leasing, licensing or issuance of a permit for operation of any vending facility, inform the commission of the pending action.

����� (c) Inform the commission of any locations where vending facilities are planned or might properly and satisfactorily be operated in or about other public buildings or properties that are or may be under the jurisdiction of the agency, department or political subdivision for maintenance.

����� (2) If the commission offers to operate a vending facility under this section and the offer is not accepted for reasons other than the decision not to have a vending facility on the premises, the agency, department or political subdivision shall notify the commission in writing of the reasons for refusing the commission�s offer. The agency, department or political subdivision shall offer the commission an opportunity to resolve the concerns raised in the written notice.

����� (3) Any contract or agreement between the commission and an agency, department or political subdivision relating to the operation of a vending facility entered into subsequent to July 1, 1975, that is not in compliance with or that is in violation of ORS 346.510 to 346.570, is null and void. [1957 c.295 �3; 1965 c.471 �1; 1975 c.638 �9; 2017 c.717 �14; 2019 c.505 �5]

����� 346.540 Duties of commission with respect to operation of vending facilities; report; rules. (1) The Commission for the Blind shall:

����� (a) As the commission determines is necessary, survey public buildings or properties to determine the suitability of the public buildings or properties as locations for vending facilities to be operated by persons who are blind and advise the agencies, departments or political subdivisions charged with maintaining the public buildings or properties of the commission�s findings.

����� (b) With the consent of the agency, department or political subdivision charged with maintaining the buildings or properties, establish vending facilities in those locations that the commission determines are suitable and enter into agreements to operate the vending facilities.

����� (c) Recruit, select, train, license and install qualified persons who are blind as managers of vending facilities in public buildings or properties.

����� (d) Adopt rules as necessary to ensure the proper and satisfactory operation of vending facilities and for the benefit of vending facility managers.

����� (e) Provide for the continued operation of established vending facilities if a qualified person who is blind is not available until a qualified person who is blind is available for assignment as manager.

����� (f) Not later than January 15 of each year, submit an annual report on the performance of the commission�s business enterprise program to the interim committees of the Legislative Assembly related to health and human services. The commission shall include with the report the results of any surveys made under paragraph (a) of this subsection that were conducted since the submission of the previous year�s report, and any refusals from agencies, departments or political subdivisions to operate vending facilities in public buildings or properties.

����� (2) The commission may enter into agreements in compliance with ORS chapter 190 to operate vending facilities located in public buildings or on public properties described in subsection (1)(b) of this section.

����� (3) If the agency, department or political subdivision charged with maintaining public buildings or properties does not consent to the establishment of vending facilities in locations in the public building or on the public property that the commission determines are suitable, the agency, department or political subdivision shall inform the commission in writing of the reasons why consent is not given. [1957 c.295 �4; 1965 c.471 �2; 1975 c.638 �10; 1981 c.271 �2; 1989 c.966 �30; 2007 c.70 �133; 2017 c.717 �15]

����� 346.543 Aid by commission to persons with visual impairments to enable operation of vending facility. (1) The Commission for the Blind may, in the discretion of the commission or if requested by a vending facility manager licensed under ORS 346.510 to 346.570, aid persons with visual impairments by supplying to a person with a visual impairment materials, equipment or machinery, or by allowing the manager to subcontract with a third party to obtain materials, equipment or machinery, in order to enable the operation of a vending facility.

����� (2) The commission may transfer to the person with a visual impairment ownership of any materials, equipment or machinery owned by the commission and supplied to the person. [2017 c.717 �9]

����� Note: 346.543 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 346 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 346.546 Active participation by business enterprise consumer committee. (1) The Commission for the Blind shall ensure the active participation of the commission�s business enterprise consumer committee in the commission�s major administrative, policy and program development decisions that impact the commission�s business enterprise program.

����� (2) The commission shall provide relevant data and information to the committee in a timely manner in order to effectuate the committee�s active participation.

����� (3) The commission has final authority and responsibility for the administration and operation of the business enterprise program.

����� (4) If the commission does not follow a recommendation of the committee regarding a matter on which the committee actively participates, the commission shall provide to the committee a written explanation as to the reason the committee�s recommendation was not followed. [2017 c.717 �8]

����� 346.550 Commodities and articles that may be sold at vending facilities. A vending facility operated under the provisions of ORS 346.510 to 346.570 must be used solely for the vending of commodities and articles approved by the Commission for the Blind and by the state agency, department or political subdivision charged with maintaining the public building or property in or on which the vending facility is operated. [1957 c.295 �5; 1975 c.638 �11; 2017 c.717 �16]

����� 346.553 Agreements with subcontractors; rules. (1) With written approval from the Commission for the Blind, a vending facility manager may enter into an agreement with a subcontractor included on the list of approved subcontractors described in subsection (4) of this section in order to enable the manager to operate the vending facility.

����� (2) In determining whether to approve an agreement with a subcontractor, the commission shall consider:

����� (a) The quality of service that the vending facility manager and subcontractor are able to provide; and

����� (b) Any product storage requirements.

����� (3) The commission may provide in an agreement with a vending facility manager that the commission may increase the percentage of net proceeds collected under ORS

ORS 419B.100

419B.100 or 419C.005. The president of the Oregon Health and Science University shall determine the number of blanks to be printed and distributed to the judges.

����� (3) The bills for the printing of blanks shall be audited, allowed and paid in the same manner as the printing bills of the Oregon Health and Science University. [Amended by 1967 c.534 �31; 1975 c.693 �17; 1993 c.33 �357]

CHILDHOOD DIABETES DATABASE

����� 444.300 Database on childhood diabetes; rules. (1) Subject to available funding, including gifts, grants or donations, the Oregon Health Authority shall establish a uniform, statewide database for the collection of information on Type I and Type II diabetes occurring in children in Oregon. The purposes of the database shall be to collect and serve as a repository for data about the prevalence and incidence of diabetes occurring in the pediatric population of this state and to make the data available for scientific and medical research and for assistance in making decisions about the allocation of public resources.

����� (2) The database established by subsection (1) of this section shall include data provided to the authority by schools and physicians as required by ORS 444.310 and 444.320.

����� (3) The authority shall adopt rules:

����� (a) Necessary to carry out the purposes of ORS 444.300 to 444.330, including but not limited to the reporting format and the effective date after which reporting by schools and physicians shall be required; and

����� (b) Under which confidential data may be used by third parties to conduct research and studies for the public good. [2001 c.719 �1; 2009 c.595 �797]

����� 444.310 Annual survey of students. The Oregon Health Authority shall conduct an annual survey, to be completed by June 15, of all public schools and public charter schools in Oregon to collect data about diabetes occurring in students. Each school surveyed shall report to the authority for each student enrolled at the school who has Type 1 or Type II diabetes:

����� (1) The name and address of the student;

����� (2) The gender of the student;

����� (3) The date of birth of the student;

����� (4) The type of diabetes diagnosed; and

����� (5) The date of diagnosis. [2001 c.719 �2; 2009 c.595 �798; 2011 c.301 �9]

����� 444.320 Physician report of childhood diabetes. (1) As used in this section, �child� means an individual 18 years of age or younger.

����� (2) In accordance with ORS 444.300, upon diagnosing or first treating a child with Type I or Type II diabetes, a physician shall report to the Oregon Health Authority:

����� (a) The name and address of the child;

����� (b) The gender of the child;

����� (c) The date of birth of the child;

����� (d) The type of diabetes the child has; and

����� (e) The date of diagnosis or first treatment by the reporting physician. [2001 c.719 �3; 2009 c.595 �799]

����� 444.330 Confidentiality of information. All identifying information regarding individual children that is reported to the Oregon Health Authority pursuant to ORS 444.300 to 444.330 shall be confidential and privileged. Except as required in connection with the administration or enforcement of public health laws or rules, no public health official, employee, agent or other person entitled to access or use data under ORS 444.300 to 444.330 shall be examined in an administrative or judicial proceeding as to the existence or contents of data in the database established under ORS 444.300 to 444.330. Research and studies conducted using confidential data from the statewide database must be reviewed and approved by the body used by the authority as the Committee for the Protection of Human Research Subjects and established in accordance with 45 C.F.R. 46. [2001 c.719 �4; 2009 c.595 �800]

ORS 427.900

427.900���� Authority of Department of Human Services to impose civil penalties; rules

GENERAL PROVISIONS

����� 427.005 Definitions. As used in this chapter:

����� (1) �Adaptive behavior� means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for age and cultural group.

����� (2) �Care� means:

����� (a) Supportive services, including, but not limited to, provision of room and board;

����� (b) Supervision;

����� (c) Protection; and

����� (d) Assistance in bathing, dressing, grooming, eating, management of money, transportation or recreation.

����� (3) �Community developmental disabilities program director� means the director of a community developmental disabilities program described in ORS 430.620 (1)(a) or (c).

����� (4) �Competitive integrated employment� has the meaning given that term in 29 U.S.C. 705.

����� (5) �Developmental disability� means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:

����� (a) Originates before an individual is 22 years of age and is expected to continue indefinitely;

����� (b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;

����� (c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and

����� (d) Requires supports similar to those required by an individual with an intellectual disability.

����� (6) �Director of the facility� means the person in charge of care, treatment and training programs at a facility.

����� (7) �Facility� means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual or developmental disabilities.

����� (8) �Incapacitated� means a person is unable, without assistance, to properly manage or take care of personal affairs, including but not limited to financial and medical decision-making, or is incapable, without assistance, of self-care.

����� (9) �Independence� means the extent to which persons with intellectual or developmental disabilities exert control and choice over their own lives.

����� (10) �Integration� means:

����� (a) Use by persons with intellectual or developmental disabilities of the same community resources that are used by and available to other persons;

����� (b) Participation by persons with intellectual or developmental disabilities in the same community activities in which persons without disabilities participate, together with regular contact with persons without disabilities; and

����� (c) Residence by persons with intellectual or developmental disabilities in homes or in home-like settings that are in proximity to community resources, together with regular contact with persons without disabilities in their community.

����� (11)(a) �Intellectual disability� means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age.

����� (b) An individual with intelligence quotients of 71 through 75 may be considered to have an intellectual disability if there is also significant impairment in adaptive behavior, as diagnosed and measured by a qualified professional.

����� (c) The impairment in adaptive behavior must be directly related to the intellectual disability.

����� (12) �Minor� means an unmarried person under 18 years of age.

����� (13) �Naturopathic physician� has the meaning given the term in ORS 685.010.

����� (14) �Physician� means a person licensed by the Oregon Medical Board to practice medicine and surgery.

����� (15) �Service coordination� means person-centered planning, case management, procuring, coordinating and monitoring of services under an individualized support plan to establish desired outcomes, determine needs and identify resources for a person with intellectual or developmental disabilities and advocating for the person.

����� (16) �Training� means:

����� (a) The systematic, planned maintenance, development or enhancement of self-care, social or independent living skills; or

����� (b) The planned sequence of systematic interactions, activities, structured learning situations or education designed to meet each person�s specified needs in the areas of physical, emotional, intellectual and social growth.

����� (17) �Treatment� means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. [1959 c.331 �10; 1961 c.706 �27; 1965 c.339 �1; subsection (2) enacted as 1965 c.595 �5; 1967 c.299 �1; 1979 c.683 �2; 1985 c.463 �1; 1985 c.565 �69; 1991 c.67 �111; 2001 c.900 �126; 2007 c.70 �215; 2009 c.828 �24; 2011 c.720 ��165,234; 2013 c.36 �3; 2017 c.356 �49; 2019 c.455 �7; 2021 c.192 �3; 2025 c.228 �1]

����� 427.007 Policy; Department of Human Services to facilitate community-based services. (1)(a) Individuals with intellectual or developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that are designed and implemented consistent with the choice of the individuals regarding services, providers, goals and activities. Individuals with intellectual or developmental disabilities, together with their families and advocates, must play a major role in the planning, designing, funding, operation and monitoring of community services. These services should be ultimately focused on the outcomes of independence, integration and community participation. All services are designed to support the outcome of competitive integrated employment and career advancement.

����� (b) The employment of individuals with intellectual or developmental disabilities in fully integrated work settings is the highest priority over unemployment, segregated employment, facility-based employment or day habilitation.

����� (c) Support for families with children who have intellectual or developmental disabilities must be based upon principles of choice and self-determination, with families receiving the support they need to support their children at home. If a child with an intellectual or developmental disability cannot remain safely at home even with supportive services, the child should live in a family-like setting with the ability to remain closely connected to the child�s family.

����� (d) Therefore, the Department of Human Services is directed to facilitate, provide or contract for appropriate community-based services, including family support, residential facilities, day programs, home care and other necessary support, care and training programs, in an orderly and systematic manner.

����� (2) In carrying out the directive in subsection (1) of this section, the department shall develop a biennial plan in conjunction with the budgeting process for review by each Legislative Assembly. In developing this plan, the department shall meet with and consider the input of representatives from the following constituencies: Consumer organizations, parent-family organizations, advocacy organizations, unions representing personal support workers and adult foster home providers, community provider organizations, state and local education officials and community developmental disabilities programs. Such plans shall include, where appropriate:

����� (a) Proposals for the orderly development of community-based services, including family support, residential facilities, day programs, home care and other necessary support, care and training programs, to accommodate persons eligible for and needing developmental disability services and to serve persons already in the community waiting for services. The proposals shall include services for persons who are leaving the public education system. Funding for these services shall be commensurate with individual need. These proposals may include provisions for an array of both publicly and privately operated services and shall include specific implementation plans requiring that new services developed are designed to significantly increase the independence and integration into the community of persons with intellectual or developmental disabilities.

����� (b) Proposals for the location of community-based services for persons with intellectual or developmental disabilities in proximity to family, friends, supportive services and home communities whenever possible.

����� (3) In further carrying out the directive in subsection (1) of this section, the department shall develop monitoring and evaluation systems that ensure competent management, program quality and cost-effectiveness of community-based services. Such systems shall include, where appropriate:

����� (a) A comprehensive system of service coordination that ensures an orderly movement of persons with intellectual or developmental disabilities between community-based service alternatives, and ensures an effective system of service delivery to persons with intellectual or developmental disabilities living in the community, based on individualized planning and close cooperation with consumers, families and guardians.

����� (b) Specific standards for each component within the array of services for persons with intellectual or developmental disabilities, either operated or supported by the department, that ensure the competent management, program quality and cost-effectiveness of such services.

����� (4) Subject to available funds, the department shall ensure that each family with a member with an intellectual or developmental disability has access to family support services, and that each person with an intellectual or developmental disability living in the community, including those leaving the public education system, has access to community-based services necessary to enable the person to strive to achieve independence, integration and community participation. Specific services proposed for the person shall be identified in an individual support plan or in a family support service plan.

����� (5) Subject to available funds, the department shall determine the content of individual support plans and family support service plans, and the process whereby such plans are developed and updated. [1981 c.287 �1; 1985 c.463 �2; 1987 c.353 �1; 1987 c.609 �1; 1989 c.505 �1; 2001 c.900 �127; 2007 c.70 �216; 2011 c.658 �5; 2013 c.36 �4; 2025 c.228 �11]

����� 427.009 [1987 c.870 �1; repealed by 2001 c.900 �261]

����� 427.010 [Amended by 1953 c.155 �7; 1965 c.339 �2; 1965 c.595 �3; 1969 c.391 �9; 1971 c.75 �1; 1973 c.262 �1; 1973 c.807 �3; 1979 c.683 �6; 1983 c.505 �2; 1983 c.740 �150; 2001 c.900 �128; 2007 c.70 �217; 2009 c.59 �2; 2011 c.658 �6; repealed by 2013 c.36 �73]

����� 427.012 [Formerly 428.548; repealed by 1979 c.683 �37]

����� 427.015 [1961 c.661 �2; 1967 c.534 �21; repealed by 1979 c.683 �37]

����� 427.020 [1979 c.683 �28; 2011 c.658 �7; repealed by 2013 c.36 �73]

����� 427.021 Application fees for providers of residential care to individuals with intellectual or developmental disabilities; rules. (1) The Department of Human Services shall establish application fees for initial and renewal license, certification and endorsement applications submitted by:

����� (a) Residential training homes and residential training facilities, as defined in ORS 443.400, for licenses under ORS 443.410.

����� (b) Adult foster homes, as defined in ORS 443.705, that provide residential care to adults with intellectual or developmental disabilities, for licenses under ORS 443.735.

����� (c) Facilities or other persons certified by the department to provide developmental disability services, as defined in ORS 427.101.

����� (2)(a) Fees collected under subsection (1)(a) and (c) of this section shall be deposited in the Department of Human Services Account established in ORS 409.060 to be used for the licensing and certification of entities described in subsection (1) of this section.

����� (b) Fees collected under subsection (1)(b) of this section shall be deposited to the Quality Care Fund established in ORS 443.001.

����� (3) The department shall prescribe by rule criteria for the waiver or reduction of any fee under this section when appropriate without compromising the quality of care provided or the safety of the recipients of the residential care or developmental disability services.

����� (4) No less frequently than every five years, the department shall review fees established under this section and make adjustments if necessary. [2023 c.206 �2]

����� 427.024 Reporting requirements for providers of community-based services to individuals with intellectual or developmental disabilities; rules. (1) The Department of Human Services shall adopt rules to ensure fiscal transparency in the provision of community-based services to individuals with intellectual or developmental disabilities and to ensure individuals with intellectual or developmental disabilities receive high quality services from providers that are licensed, certified or endorsed by the department to provide community-based services. At a minimum, the rules must establish, for providers of community-based services to individuals with intellectual or developmental disabilities:

����� (a) Requirements to annually submit staffing data to a reporting survey organization specified by the department;

����� (b) Requirements to submit an annual report to the department that includes:

����� (A) A disclosure of executive compensation and benefits;

����� (B) A disclosure of starting, average and highest wages for direct support professionals that are employed by, under contract with or otherwise engaged with the provider to deliver community-based services to individuals with intellectual or developmental disabilities;

����� (C) A disclosure of the provider�s overhead expenses and expenditures; and

����� (D) Any other fiscal matters prescribed by the department;

����� (c) Requirements to ensure that wages and health benefits paid to direct support professionals delivering community-based supports reflect any increase in rates approved by the Legislative Assembly for the purpose of improving wages and health benefits;

����� (d) Criteria for conditions under which a provider may be prohibited from applying for a license, certificate or endorsement;

����� (e) Criteria for the inclusion of information about the organizational history of an applicant for a new license, certification or endorsement, not to exceed the 10 previous years; and

����� (f) A process for the consideration of the regulatory and safety compliance and operational experience of all providers in this state or in any other jurisdiction when issuing an initial license, certification or endorsement or renewing a license, certification or endorsement.

����� (2) Rules adopted by the department must, to the greatest extent practicable, consolidate new reporting requirements with existing reporting requirements to avoid the need for providers to make duplicative reports of the same information. [2022 c.91 �2]

����� Note: 427.024 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.

����� 427.025 [1961 c.661 �3; 1965 c.339 �3; 1967 c.534 �22; repealed by 1979 c.683 �37]

����� 427.026 Revocation or denial of license, certificate or endorsement of provider of services to individuals with intellectual or developmental disabilities; other sanctions. (1) As used in this section:

����� (a) �Agency� means an entity that is certified and endorsed by the Department of Human Services to provide services to individuals with intellectual or developmental disabilities.

����� (b) �Ownership interest� means:

����� (A) A direct or indirect ownership interest, or a combination of direct and indirect ownership interests, equal to five percent or more in an agency;

����� (B) An interest in any mortgage, deed of trust, note or other obligation secured by an agency if the interest equals at least five percent of the value of the property or assets of the agency;

����� (C) Holding the position of an officer or director of an agency that is organized as an entity;

����� (D) Holding the position of a partner of an agency that is organized as a partnership; or

����� (E) Holding the position of a member of the board of directors of an agency that has a board of directors.

����� (c) �Provider� means:

����� (A) An agency;

����� (B) An adult foster home, as defined in ORS 443.705, that is licensed to provide residential care to individuals with intellectual or developmental disabilities; or

����� (C) A developmental disability child foster home, as defined in ORS 443.830.

����� (d) �Responsible person� means:

����� (A) A person who exercises operational or managerial control over, who has an ownership interest in or who directly or indirectly conducts the day-to-day operations of an agency;

����� (B) An owner, operator or resident manager of an adult foster home, as defined in ORS

ORS 431.142

431.142, 431.143, 431.144 and 431.145.

����� (5) Conduct sanitary surveys about and investigations on the causes and prevention of diseases.

����� (6) Investigate, conduct hearings and issue findings in connection with annexations proposed by cities as provided in ORS 222.840 to 222.915 and 431.705 to 431.760.

����� (7) Have full power in the control of all communicable diseases.

����� (8) Have the authority to send a representative of the authority to any part of the state.

����� (9) From time to time, publish and distribute to the public information related to the functions and duties of the authority. [Amended by 1955 c.105 �1; 1967 c.624 �18; 1971 c.650 �9; 1977 c.582 �8; 1987 c.414 �83; 1989 c.834 �18; 1991 c.122 �11; 2001 c.900 �254; 2009 c.595 �534; 2013 c.61 �2; 2015 c.736 �3]

����� 431.115 Administrative duties of Oregon Health Authority. (1) For the purpose of fulfilling its duties under ORS 431.110 (2), (3) and (4), the Oregon Health Authority shall:

����� (a) Adopt and update as necessary a statewide public health modernization assessment;

����� (b) In consideration of the statewide public health modernization assessment, develop and modify as necessary a statewide public health modernization plan;

����� (c) Implement the statewide public health modernization plan;

����� (d) Subject to the provisions of ORS 431.380, develop and modify as necessary plans for the distribution of funds to local public health authorities;

����� (e) Implement plans for the distribution of funds to local public health authorities;

����� (f) Coordinate state and local administration of the foundational programs established under ORS 431.141;

����� (g) Approve local plans for applying the foundational capabilities established under ORS 431.131 and implementing the foundational programs established under ORS 431.141 as required by ORS 431.417;

����� (h) Monitor the progress of local public health authorities in meeting statewide public health goals, including applying the foundational capabilities established under ORS

ORS 441.645

441.645.

����� (2) A Long Term Care Ombudsman or a designee of the ombudsman is not required to make a report under this section to the extent the report would violate 42 U.S.C. 3058g(d). [1979 c.770 �3; 1993 c.759 �3; 2017 c.346 �1; 2019 c.117 �8]

����� 441.645 Oral report to area agency on aging, department or law enforcement agency. (1) An oral report shall be made immediately by telephone or otherwise to the local office of the area agency on aging or of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the resident and any persons responsible for the care of the resident, the nature and the extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.

����� (2) When a report is received by the area agency or department, the area agency or the department may notify the law enforcement agency having jurisdiction within the county where the report was made. When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not and the local office of the area agency or the department in the county where the report was made. [1979 c.770 �4; 1985 c.651 �4; 1993 c.759 �4]

����� 441.650 Investigation of abuse complaint; initial status report; content; distribution of report; duties of investigator; investigation report. (1) Upon receipt of the oral or written report required under ORS 441.640, or of an abuse complaint, the area agency on aging, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced as follows:

����� (a) Within two hours, if the complaint alleges that a resident�s health or safety is in imminent danger or that the resident has recently died, been hospitalized or been treated in an emergency room; or

����� (b) Prior to the end of the next working day, if the complaint alleges that circumstances exist that could result in abuse and that the circumstances could place a resident�s health or safety in imminent danger.

����� (2) If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the law enforcement agency shall notify in writing the local office of the area agency or the department as appropriate. Except in cases where the investigation is part of nursing facility surveyor activity pursuant to federal law, the area agency or the department shall complete an initial status report within two working days of the start of the investigation that includes:

����� (a) A summary of the complaint that identifies each alleged incident or problem;

����� (b) The status of the investigation;

����� (c) Whether an abuse complaint was initially filed at the direction of the administration of the facility;

����� (d) A determination of whether protection of the resident is needed and whether the facility must take action;

����� (e) The name and telephone number of the investigator; and

����� (f) The projected date that the investigation report will be completed and a statement that the report will be available upon request after the department issues a letter of determination.

����� (3) The initial status report described in subsection (2) of this section shall be provided either in person or by mail to the following individuals as soon as practicable, but no later than two working days after its completion:

����� (a) The complainant, unless the complainant waives the requirement;

����� (b) If the complaint involves a specific resident, the resident or a person designated to receive information concerning the resident;

����� (c) A representative of the Long Term Care Ombudsman, upon request;

����� (d) The long term care facility; and

����� (e) The agency that licenses the facility.

����� (4) The initial status report described in subsection (2) of this section shall be available for public inspection.

����� (5) When copies of the initial status report described in subsection (2) of this section are made available to individuals listed in subsection (3) of this section, the names of the resident involved, the complainant and any individuals interviewed by the investigator shall be deleted from the copies.

����� (6) In investigating an abuse complaint, the investigator shall:

����� (a) Make an unannounced visit to the facility, except as provided by ORS 441.690, to determine the nature and cause of the abuse of the resident;

����� (b) Interview all available witnesses identified by any source as having personal knowledge relevant to the abuse complaint, such interviews to be private unless the witness expressly requests the interview not to be private;

����� (c) Make personal inspection of all physical circumstances that are relevant and material and that are susceptible to objective observation; and

����� (d) Write an investigation report that includes:

����� (A) The investigator�s personal observations;

����� (B) A review of documents and records;

����� (C) A summary of all witness statements; and

����� (D) A statement of the factual basis for the findings for each incident or problem alleged in the complaint.

����� (7) Within five working days of completion of the investigation and not later than 60 days from completion of the initial status report described in subsection (2) of this section, the investigator shall provide the department with the written report required by subsection (6) of this section. The department shall make the investigation report available upon request after the letter of determination is complete. When copies of the report are made available, the names of the resident involved, the complainant and any individuals interviewed by the investigator shall be deleted from the copies. [1979 c.770 �5; 1987 c.428 �29; 1993 c.759 �5; 2021 c.392 �2]

����� 441.655 Immunity for reporter of abuse. (1) Anyone participating in good faith in the making of a report pursuant to ORS 441.630 to 441.650 and who has reasonable grounds for the making thereof, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report.

����� (2) Anyone who makes a report pursuant to ORS 441.630 to 441.650 shall not be subjected to any retaliation by any official or employee of a long term care facility for making a report, including but not limited to restriction of otherwise lawful access to the facility or to any resident thereof, or, if an employee, to dismissal or harassment. [1979 c.770 �6]

����� 441.659 Disclosure of protected health information to law enforcement. (1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 441.650, and without the consent of the named resident or of the named resident�s caretaker, fiduciary or other legal representative, a health care provider must:

����� (a) Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named resident; and

����� (b) Upon request of the law enforcement agency, consult with the agency about the protected health information.

����� (2) A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure.

����� (3) For purposes of this section:

����� (a) �Health care provider� has the meaning given that term in ORS 192.556.

����� (b) �Protected health information� has the meaning given that term in ORS 192.556. [2012 c.70 �8]

����� Note: 441.659 was added to and made a part of 441.630 to 441.680 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 441.660 Photographing resident; photograph as record. (1) In carrying out its duties under ORS 441.650, the law enforcement agency, the Department of Human Services or the area agency on aging may photograph or cause to have photographed any resident subject of the investigation for purposes of preserving evidence of the condition of the resident at the time of the investigation.

����� (2) Notwithstanding the provisions of ORS 192.311 to 192.478, photographs taken under authority of subsection (1) of this section shall not be considered records. [1979 c.770 �7; 1981 c.470 �6; 1987 c.428 �30; 1993 c.759 �8; 2005 c.268 �1]

����� 441.665 Record of reports; classification of investigation report. (1) A proper record of reports under ORS 441.640, 441.645 and 441.676 on residents in long term care facilities shall be maintained by the Department of Human Services. Each problem or incident alleged in a report shall be determined to be abuse, other licensing violation or no violation. Each incident of abuse or other licensing violation alleged in a report shall be classified as substantiated, unsubstantiated or unable to substantiate or recorded as under appeal by the facility.

����� (2) All reports shall be cataloged under the name of the long term care facility associated with the complaint. [1979 c.770 �8; 1987 c.428 �31; 1993 c.759 �9]

����� 441.670 [1979 c.770 �9; repealed by 1981 c.470 �1 (441.671 enacted in lieu of 441.670)]

����� 441.671 Confidentiality of reports; when available. (1) Notwithstanding the provisions of ORS 192.311 to

ORS 441.690

441.690, 441.703 and 441.705 to 441.720 address the consolidation of the regulatory functions of licensing, certification, inspection of care, utilization review, abuse reporting and abuse investigation.

����� (2) It is legislative intent that:

����� (a) The Department of Human Services focus administrative effort on the integration and consistent application and interpretation of the regulatory functions at the nursing facility level;

����� (b) Surveys and other reports, especially with respect to client assessment, be consistently and reliably performed throughout the state;

����� (c) Positive and negative findings and sanctions be proportional to the strengths and problems identified, within the limits of federal statute and regulations; and

����� (d) The interpretation of regulatory criteria be independent of influence from budgetary limitations. [1987 c.428 �1a; 2001 c.900 �229; 2009 c.539 �12; 2009 c.792 �39]

����� Note: 441.624 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 441.625 Retaliation against resident exercising rights prohibited. No facility, or any person subject to the supervision, direction or control of a facility, shall retaliate against a resident by increasing charges, decreasing services, rights or privileges, or threatening to increase charges or decrease services, rights or privileges, by taking or threatening any action to coerce or compel the resident to leave the facility, or by abusing or threatening to harass or to abuse a resident in any manner, after the resident or the resident�s legal representative has engaged in exercising rights given under ORS 441.605 or under rules of the Department of Human Services under ORS 441.610. [1979 c.261 �7]

(Resident Abuse)

����� 441.630 Definitions for ORS 441.630 to 441.680. As used in ORS 441.630 to 441.680:

����� (1) �Abuse� means:

����� (a) Any physical injury to a resident of a long term care facility which has been caused by other than accidental means.

����� (b) Failure to provide basic care or services, which failure results in physical harm or unreasonable discomfort or serious loss of human dignity.

����� (c) Sexual contact with a resident caused by an employee, agent or other resident of a long term care facility by force, threat, duress or coercion.

����� (d) Illegal or improper use of a resident�s resources for the personal profit or gain of another person.

����� (e) Verbal or mental abuse as prohibited by federal law.

����� (f) Corporal punishment.

����� (g) Involuntary seclusion for convenience or discipline.

����� (2) �Abuse complaint� means any oral or written communication to the department, one of its agents or a law enforcement agency alleging abuse.

����� (3) �Department� means the Department of Human Services or a designee of the department.

����� (4) �Facility� means a long term care facility, as defined in ORS 442.015.

����� (5) �Law enforcement agency� means:

����� (a) Any city or municipal police department.

����� (b) A police department established by a university under ORS 352.121 or 353.125.

����� (c) Any county sheriff�s office.

����� (d) The Oregon State Police.

����� (e) Any district attorney.

����� (6) �Public or private official� means:

����� (a) Physician, including any intern or resident.

����� (b) Licensed practical nurse or registered nurse.

����� (c) Employee of the Department of Human Services, a community developmental disabilities program or a long term care facility or person who contracts to provide services to a long term care facility.

����� (d) Employee of the Oregon Health Authority, local health department or community mental health program.

����� (e) Peace officer.

����� (f) Member of the clergy.

����� (g) Regulated social worker.

����� (h) Physical, speech and occupational therapists.

����� (i) Legal counsel for a resident or guardian or family member of the resident.

����� (j) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state.

����� (k) Personal support worker, as defined in ORS 410.600.

����� (L) Home care worker, as defined in ORS 410.600. [1979 c.770 �1; 1981 c.470 �7; 1981 c.784 �22; 1987 c.428 �26; 1989 c.721 �53; 1993 c.759 �1; 2001 c.104 �180; 2009 c.442 �41; 2009 c.595 �737; 2011 c.506 �42; 2013 c.180 �46; 2015 c.179 �4; 2015 c.736 �88; 2017 c.679 �41; 2018 c.75 �23; 2021 c.251 �4]

����� 441.635 Legislative finding. The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of residents and assuring the dignity and care to which residents are entitled, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused residents. [1979 c.770 �2; 1993 c.759 �2]

����� 441.637 Rules; submission of rules to advisory group. (1) The Department of Human Services shall implement the provisions of ORS

ORS 441.705

441.705 to 441.745. [1985 c.539 �9]

����� 453.305 [1971 c.609 �2; 1975 c.606 �21; renumbered 469.300]

COMMUNITY INFORMATION ON HAZARDOUS SUBSTANCES

(Generally)

����� 453.307 Definitions for ORS 453.307 to 453.414. As used in ORS 453.307 to 453.414:

����� (1) �Community right to know regulatory program� or �local program� means any law, rule, ordinance, regulation or charter amendment established, enforced or enacted by a local government that requires an employer to collect or report information relating to the use, storage, release, possession or composition of hazardous substances and toxic substances if a primary intent of the law, rule, ordinance, regulation or charter amendment is the public distribution of the information.

����� (2) �Emergency service personnel� includes those entities providing emergency services as defined in ORS 401.025.

����� (3) �Employer� means:

����� (a) Any person operating a facility that is included in one or more of the 21 standard industrial classification categories in Appendix B of the Natural Resources Defense Council v. Train Consent Decree of June 8, 1976 (8 E.R.C. 2120); or

����� (b) Any person operating a facility designated by the State Fire Marshal.

����� (4) �Fire district� means any agency having responsibility for providing fire protection services.

����� (5) �Hazardous substance� means:

����� (a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal;

����� (b) Any substance for which a material safety data sheet is required by the Director of the Department of Consumer and Business Services under ORS 654.035 and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienists; or

����� (c) Radioactive waste and material as defined in ORS 469.300 and radioactive substance as defined in ORS 453.005.

����� (6) �Health professional� means a physician licensed under ORS chapter 677, naturopathic physician licensed under ORS chapter 685, physician associate licensed under ORS 677.505 to 677.525, registered nurse, industrial hygienist, toxicologist, epidemiologist or emergency medical services provider.

����� (7) �Law enforcement agency� has the meaning given that term in ORS 181A.010.

����� (8) �Local government� means a city, town, county, regional authority or other political subdivision of this state.

����� (9) �Person� includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agency thereof, and the federal government and any agency thereof.

����� (10) �Trade secret� has the meaning given that term in ORS 192.345 (2). [1985 c.726 �1; 1987 c.259 �5; 1991 c.956 �14; 1993 c.187 �25; 1999 c.1089 �5; 2005 c.825 �17; 2011 c.703 �42; 2014 c.45 �64; 2017 c.356 �74; 2024 c.73 �96]

����� 453.310 [Amended by 1969 c.514 �51; renumbered 689.855]

����� 453.312 Legislative findings. The Legislative Assembly finds and declares that:

����� (1) The public�s health and safety may be endangered by a lack of knowledge about hazardous substances located within this state.

����� (2) Information on the use of hazardous substances in this state should be made readily available to members of the public, allowing them to take measures to protect themselves against dangers posed to health and safety.

����� (3) Emergency service personnel must know what types and amounts of hazardous substances are present within this state and where they are located in order to properly protect human life and property.

����� (4) A need exists to coordinate and make available to emergency service personnel information about the nature and amount of hazardous substances in Oregon.

����� (5) Access by emergency service personnel to information about hazardous substances assures better protection of homes and recreational facilities, increases safety in the place of employment, improves livability and allows more control over emergency situations. [1985 c.726 �3]

����� 453.315 [1971 c.609 �1; 1975 c.606 �22; renumbered 469.310]

����� 453.317 Hazardous substance survey; rules; information to be supplied. (1) The State Fire Marshal shall develop a hazardous substance survey and distribute the survey to employers in this state. The survey shall request the following information from such employers:

����� (a) The identity and hazard classification of the hazardous substance as listed on a material safety data sheet;

����� (b) The approximate amount and location of the hazardous substance;

����� (c) The name and telephone number of personnel qualified to give technical, onsite information about hazardous substances; and

����� (d) Any procedures established by the employer for the control of hazardous substances in the event of an emergency.

����� (2) In addition to the information to be provided under subsection (1) of this section, the State Fire Marshal may by rule establish additional requirements for obtaining hazardous substance information the State Fire Marshal considers necessary. All rules adopted under this subsection shall be adopted after public hearing in accordance with ORS chapter 183.

����� (3) Any employer receiving a hazardous substance survey shall complete the hazardous substance survey and return it to the State Fire Marshal not later than March 1 of each year or within 60 days after the date the State Fire Marshal mails the hazardous substance survey, whichever is later.

����� (4) The State Fire Marshal shall update the hazardous substance survey once every 12 months.

����� (5) An employer shall update and return the hazardous substance survey on or before March 1 of each year or within 60 days after the date the State Fire Marshal mails the survey, whichever is later, or an employer shall update the hazardous substance survey whenever any substantive information required to be provided changes, whichever situation occurs most often.

����� (6) The Director of the Department of Consumer and Business Services shall participate in the development and updating of the hazardous substance survey and shall have access to the data included in the survey.

����� (7) The State Fire Marshal may conduct an inspection to confirm the validity of a hazardous substance survey required by this section. The inspection shall be conducted according to the provisions of ORS 476.150. [1985 c.683 �6; 1985 c.696 �6; 1985 c.726 �4; 1987 c.259 �6; 1991 c.804 �1; 2005 c.825 �13]

����� 453.320 [Amended by 1969 c.514 �52; renumbered 689.860]

����� 453.322 Retention of information; distribution of and access to information. (1) The State Fire Marshal shall retain for at least five years the information provided by the employer under ORS 453.317.

����� (2) The State Fire Marshal shall provide copies of the information to each local public health authority as defined in ORS 431.003, fire district and any public or private safety agency participating in the emergency communications system pursuant to ORS 403.105 to 403.250 and, upon request, provide copies of the information to the following agencies located within the geographic jurisdiction of the fire district:

����� (a) Fire districts and other emergency service personnel responding to a hazardous substance incident;

����� (b) Health professionals;

����� (c) Law enforcement agencies; and

����� (d) Local emergency management agencies as described in ORS 401.305.

����� (3) The State Fire Marshal may distribute the information provided by an employer under ORS

ORS 442.015

442.015, a residential facility as defined by ORS 443.400, an adult foster home as defined by ORS 443.705 and any residential facility required to be registered under ORS 443.480 to 443.500. [1991 c.413 �1; 1997 c.249 �144]

����� 443.881 Transfer of property; undue influence. (1) No owner, employee or administrator of a residential facility as defined by ORS 443.880 shall cause any person who is a resident of the facility to deliver to the owner, employee or administrator any funds or property of the resident by the exercise of undue influence.

����� (2) For the purposes of this section, �undue influence� means that an owner, employee or administrator of a residential facility has substituted the will or interests of the owner, employee or administrator for the will or interests of the resident of the facility. [1991 c.413 �2]

����� 443.885 [1991 c.416 �1; 2003 c.14 �265; repealed by 2017 c.679 �46]

MEMORY CARE

����� 443.886 Memory care endorsement required; standards; fees; rules. (1) If a facility intends to provide care for residents with Alzheimer�s disease or other forms of dementia by means of an endorsed memory care community, the facility must obtain a memory care endorsement on its license or registration.

����� (2) The Department of Human Services, with the input from representatives of advocate groups and the long term care industry, shall adopt by rule standards that ensure that the special needs of any resident with Alzheimer�s disease or other form of dementia who is cared for in an endorsed memory care community are met and that quality care is provided. The standards must include but are not limited to provisions for:

����� (a) Care planning, facility design, staffing, staff and administrator training, safety, egress control, elopement notifications, individual care planning, admission and transfer policy, family involvement, therapeutic activities and social services;

����� (b) Continuity of basic care requirements, including procedures to be followed during emergency evacuations and facility closures; and

����� (c) Marketing and advertising of the availability of and services from endorsed memory care communities.

����� (3) The department shall adopt a fee schedule for memory care endorsement, taking into account the type of facility and the number of residents.

����� (4) The department shall enforce rules adopted under subsection (2) of this section and ORS 443.889 and shall allow a licensee or registrant to retain the memory care endorsement required to care for residents with Alzheimer�s disease or other forms of dementia only as long as the licensee or registrant complies with the rules.

����� (5) The memory care endorsement may be suspended or revoked in the same manner as the license or registration is suspended or revoked.

����� (6) Unless a facility has obtained the memory care endorsement required by subsection (1) of this section, the facility may not:

����� (a) Advertise the facility as providing an Alzheimer�s care unit or memory care community; or

����� (b) Market the facility as providing an Alzheimer�s care unit or memory care community. [1991 c.416 �2; 2001 c.900 �193; 2005 c.22 �312; 2017 c.679 �28; 2021 c.588 �4; 2025 c.619 �12]

����� 443.887 Definitions. As used in this section and ORS 443.886 and 443.889:

����� (1) �Acuity-based staffing tool� means the acuity-based staffing tool described in ORS 443.432 or an acuity-based staffing tool adopted by a facility that meets requirements established by the Department of Human Services by rule.

����� (2) �Endorsed memory care community� means a special care unit in a designated, separated area for residents with Alzheimer�s disease or other forms of dementia that is locked or secured to prevent or limit access by a resident outside the designated or separated area.

����� (3) �Facility� means a residential care facility as defined in ORS 443.400. [2021 c.588 �1]

����� Note: 443.887 and 443.889 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 443.888 [1999 c.476 �4; 2005 c.688 �6; renumbered 443.895 in 2021]

����� 443.889 Use of acuity-based staffing tool; assessment of staffing levels; fines, penalties or conditions; rules. (1) The Department of Human Services shall adopt rules:

����� (a) Establishing minimum requirements for an acuity-based staffing tool adopted by a facility and the frequency with which a facility must reassess the facility�s staffing patterns with the acuity-based staffing tool.

����� (b) Establishing requirements for the design of an acuity-based staffing tool adopted by a facility to ensure that the tool recommends staffing levels, intensity and qualifications necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week.

����� (c) For carrying out subsection (5) of this section.

����� (2) Before finalizing any changes to rules adopted under subsection (1)(a) or (b) of this section, to promote quality care or sufficient staffing levels the department shall assess the administrative and operational impact on facilities and on the safety of the residents and staff of facilities.

����� (3) The department shall assess the staffing levels of a facility, at a minimum, each time the department conducts a survey, license approval or renewal or an investigation into a complaint regarding:

����� (a) Abuse of a resident;

����� (b) Injury to a resident;

����� (c) Resident safety; or

����� (d) Staffing levels.

����� (4) The assessment under subsection (3) of this section must include a determination of whether the facility is:

����� (a) Using an acuity-based staffing tool that meets the requirements of rules adopted under subsection (1) of this section;

����� (b) Recalculating the facility�s staffing patterns using the acuity-based staffing tool with the frequency required by rules adopted under subsection (1) of this section;

����� (c) Consistently staffing to the levels, intensity and qualifications indicated by the acuity-based staffing tool; and

����� (d) Consistently meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week.

����� (5) If the department finds, during an assessment under subsection (3) of this section, that a facility is:

����� (a) Not using an acuity-based staffing tool, the department shall require the facility to adopt the acuity-based staffing tool developed by the department until the facility has in place the facility�s own acuity-based staffing tool.

����� (b) Using an acuity-based staffing tool but is not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall:

����� (A) Place a condition on the facility�s license as provided in ORS 441.736 (1)(b)(A), (B), (C) or (F);

����� (B) Establish staffing levels in a corrective action plan;

����� (C) Impose fines, penalties or conditions required by law or that the department deems necessary to compel compliance; and

����� (D) Continuously monitor the facility for compliance with the staffing levels indicated by the acuity-based staffing tool for six months or until the department removes the condition placed under subparagraph (A) of this paragraph.

����� (c) Using an acuity-based staffing tool but the tool does not meet the requirements of the rules adopted under subsection (1)(a) and (b) of this section or the facility is not using the tool to review its staffing levels at the frequency required by the rules, the department shall:

����� (A) Assess whether the facility is meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and

����� (B) Impose fines, penalties or conditions on the facility�s license that are required by law or that the department deems necessary to compel compliance. [2021 c.588 �2; 2024 c.92 �7]

����� Note: See note under 443.887.

����� 443.890 Independent family councils. (1) As used in this section:

����� (a) �Facility� means a facility with a memory care endorsement under ORS 443.886.

����� (b) �Independent family council� means a group of residents, family members of residents or legal representatives of residents that meets privately, either in person or virtually.

����� (c) �Resident� means an individual residing in a facility.

����� (2) A resident has the right to organize and participate in resident groups in a facility, including an independent family council.

����� (3) At the time that a resident is admitted to a facility, the facility shall provide to the resident and the resident�s legal representative:

����� (a) Written notice of the resident�s right to organize and participate in resident groups in the facility, including an independent family council; and

����� (b) Information about how to contact and participate in any independent family council that has already been formed at the facility.

����� (4) When an independent family council has been formed at a facility:

����� (a) The facility shall provide adequate space in the entry area of the facility for the independent family council to display information about the independent family council.

����� (b) The facility shall provide space within the facility for the independent family council to meet during mutually agreed-upon times. The space must reasonably allow for privacy.

����� (c) If requested by the independent family council, the facility shall take reasonable steps to make residents and family members and legal representatives of residents aware, in a timely manner, of upcoming meetings of the independent family council.